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Wednesday, 11 December 2002
Page: 7793


Senator GREIG (6:57 PM) —I move Democrat amendment (R5) on sheet 2779 revised:

(R5) Schedule 1, item 24, page 16 (lines 26 to 30), omit paragraph (c), substitute:

(c) anyone holding the person for questioning under this Division must, if the person requests, give the person facilities for contacting:

(i) any person whom the person is permitted to contact pursuant to paragraph (a); or

(ii) the Inspector-General of Intelligence and Security or the Ombudsman to make a complaint orally under a section mentioned in paragraph (b).

This amendment relates to permissible contacts by a detainee—or a questionee, as Senator Faulkner would have it. This is a relatively minor amendment. What it seeks to ensure is that a person detained under the act has the facilities that would be required to contact a family member or any other person whom they are permitted to contact pursuant to that warrant. Proposed section 34F(9) already requires that the person must be given access to facilities for contacting the inspector-general and the Ombudsman. This amendment simply extends that requirement to facilitate contact with other persons specified in the warrant. I think it is quite clearly arguable that a person's right to contact family members and other people in accordance with the warrant implies that they must have access to the facilities that would be necessary to enable such contact. This amendment seeks to ensure that there is no doubt about this obligation on the part of those holding the person in detention.

Question negatived.