Document ID: chunk:federal_register_of_legislation:F2020L01714:reg:9:p1
Version: federal_register_of_legislation:F2020L01714
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 6646–9440

9  Conduct of questioning et cetera
  Manner
 (1) All persons present during questioning under a questioning warrant or any period of apprehension must interact with the subject in a manner that is both humane and courteous, and must not speak to the subject in a demeaning manner.
 (2) The subject must not be questioned in a manner that is unfair or oppressive in the circumstances.
 (3) For the purpose of exercising a power or performing a function or duty as an IGIS official, an IGIS official may be present at the questioning or apprehension of the subject.
  Understanding questioning
 (4) Information given to the subject or a minor's representative, including the written notice provided to the subject under section 34BH of the Act, must:
  (a) in relation to the subject – have regard to the subject's age, and to the extent practicable and relevant, any known vulnerabilities (including a physical, sensory, intellectual or psychiatric disability, or medical condition) in relation to the subject; and
 (b) in relation to both the subject and minor's representative – be given in a language the person can understand.
 (5) An interpreter must be provided for the subject under section 34DN or 34DO of the Act if the prescribed authority believes on reasonable grounds that the subject is unable to communicate with reasonable fluency in the English language because:
 (a) of inadequate knowledge of that language; or
 (b) they are physically unable to communicate in that language.
Note: For example, the subject may be physically unable to communicate in the English language because they have a speech or hearing disability.
 (6) An interpreter must be provided for the minor's representative if the prescribed authority believes on reasonable grounds that the minor's representative is unable to communicate with reasonable fluency in the English language because:
 (a) of inadequate knowledge of that language; or
 (b) they are physically unable to communicate in that language.
Note: For example, the minor's representative may be physically unable to communicate in the English language because they have a speech or hearing disability.
  Explanation of certain matters
 (7) In addition to the requirements of sections 34DC and 34DD of the Act, when the subject first appears before a prescribed authority for questioning under a questioning warrant, the prescribed authority must:
 (a) cause the subject to be given a copy of this instrument; and
 (b) inform the subject that their right to make a complaint of the kind referred to in paragraph 34DC(1)(i) of the Act includes a right to make a complaint in relation to any contravention of this instrument; and
 (c) inform the subject of the use which may be made of any information given, or record or other thing produced,