Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34fd:p1
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34FD (pt 1/2)
Character Range: 113992–116917

34FD  Directions in relation to minor's representatives
 (1) This section applies if:
 (a) the subject of a minor questioning warrant is appearing before a prescribed authority for questioning under the warrant; and
 (b) a minor's representative (a non‑lawyer representative) for the subject, who is not also a lawyer for the subject, is not present.

If warrant includes immediate appearance requirement
 (2) If:
 (a) the warrant includes an immediate appearance requirement; and
 (b) a lawyer for the subject is present during the questioning;
the prescribed authority must, either orally or in writing:
 (c) give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative; and
 (d) if the subject requests that a non‑lawyer representative be present during the questioning—give a direction that the subject must be permitted to contact a non‑lawyer representative.
Note 1: The subject of a minor questioning warrant may only be questioned if a lawyer for the subject is present: see subsection 34FA(1).
Note 2: In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor's representative for the subject.

If warrant does not include immediate appearance requirement
 (3) If:
 (a) the warrant does not include an immediate appearance requirement; and
 (b) the subject requests that a non‑lawyer representative be present during the questioning;
the prescribed authority must, either orally or in writing:
 (c) give a direction under paragraph 34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable:
 (i) the subject to contact a non‑lawyer representative; and
 (ii) a non‑lawyer representative to be present during the questioning; or
 (d) give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative, if:
 (i) the prescribed authority is satisfied that such time as is reasonable to enable a non‑lawyer representative to be present during the questioning has passed; and
 (ii) a lawyer for the subject is present during the questioning.
Note: In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor's representative for the subject.
 (4) If:
 (a) the warrant does not include an immediate appearance requirement; and
 (b) the subject voluntarily chooses not to request that a non‑lawyer representative be present during the questioning; and
 (c) a lawyer for the subject is present during the questioning;
the prescribed authority must, either orally or in writing, give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative.
Note: In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor's representative for the subject.

When non‑lawyer representative is present
 (5) A direction under