Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p44
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 44/58)
Character Range: 133837–136423

Contacting family members etc.

 (1) The person being detained is entitled to contact:
 (a) one of his or her family members; and
 (b) if he or she:
 (i) lives with another person and that other person is not a family member of the person being detained; or
 (ii) lives with other people and those other people are not family members of the person being detained;
  that other person or one of those other people; and
 (c) if he or she is employed—his or her employer; and
 (d) if he or she employs people in a business—one of the people he or she employs in that business; and
 (e) if he or she engages in a business together with another person or other people—that other person or one of those other people; and
 (f) if the police officer detaining the person being detained agrees to the person contacting another person—that person;
by telephone, fax or email but solely for the purposes of letting the person contacted know that the person being detained is safe but is not able to be contacted for the time being.

 (2) To avoid doubt, the person being detained is not entitled, under subsection (1), to disclose:
 (a) the fact that a preventative detention order has been made in relation to the person; or
 (b) the fact that the person is being detained; or
 (c) the period for which the person is being detained.

 (3) In this section:

family member of a person means:
 (a) the person's spouse, de facto spouse or same‑sex partner; or
 (b) a parent, step‑parent or grandparent of the person; or
 (c) a child, step‑child or grandchild of the person; or
 (d) a brother, sister, step‑brother or step‑sister of the person; or
 (e) a guardian or carer of the person.

105.36  Contacting Ombudsman etc.

 (1) The person being detained is entitled to contact the Commonwealth Ombudsman in accordance with the Complaints (Australian Federal Police) Act 1981.

Note: Section 22 of the Complaints (Australian Federal Police) Act 1981 provides for the manner in which a person who is in custody may make a complaint to the Commonwealth Ombudsman under that Act.

 (2) If the person being detained has the right, under a law of a State or Territory, to complain to an officer or authority of the State or Territory about the treatment of the person by a member of the police force of that State or Territory in connection with the person's detention under the order, the person is entitled to contact that officer or authority to make a complaint in accordance with that law.

105.37  Contacting lawyer

 (1) The person being detained is entitled to contact a lawyer but solely for the