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Schedule 2—Obligations of investigating officials

Schedule 2 Obligations of investigating officials

   

Crimes Act 1914

1  Subsection 23B(1) (definition of Aboriginal legal aid organisation )

Repeal the definition.

2  Subsection 23B(1)

Insert:

Aboriginal legal assistance organisation means an organisation that is funded by the Commonwealth, a State or a Territory to provide legal assistance to Aboriginal persons and Torres Strait Islanders.

3  Subsection 23H(1)

After “must”, insert “, before starting to question the person”.

4  Paragraphs 23H(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  inform the person that reasonable steps will be taken to notify a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located that the person is under arrest or a protected suspect (as the case requires); and

                     (b)  take reasonable steps to notify such a representative.

5  After subsection 23H(1)

Add:

          (1A)  To avoid doubt, the obligations imposed by subsection (1) do not limit and are not limited by any other obligations imposed, or rights conferred, by this section.

       (1AB)  If a representative of an Aboriginal legal assistance organisation is notified under subsection (1), the investigating official must not question the person until the earlier of the following times:

                     (a)  the representative has communicated with the person;

                     (b)  2 hours have elapsed since the representative was notified.

6  Subsection 23H(2B)

Repeal the subsection, substitute:

          (2B)  If an interview friend is not chosen under subsection (2A), the investigating official must choose a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located to be the person’s interview friend.

7  Subsection 23H(9) (paragraph (c) of the definition of interview friend )

Repeal the paragraph, substitute:

                     (c)  a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located.

8  Subsection 23H(9) (paragraph (d) of the definition of interview friend )

Repeal the paragraph.

9  Section 23J

Repeal the section.

10  Subsection 23K(3) (paragraph (c) of the definition of interview friend )

Omit “whose name is included in the relevant list maintained under subsection 23J(1)”, substitute “who is a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located”.

11  Subsection 23WA(1) (definition of Aboriginal legal aid organisation )

Repeal the definition.

12  Subsection 23WA(1)

Insert:

Aboriginal legal assistance organisation has the same meaning as in Part IC.

13  Paragraph 23WB(2)(c)

Omit “Aboriginal legal aid organisation or a person whose name is on the relevant list maintained under subsection 23J(1)”, substitute “Aboriginal legal assistance organisation in the State or Territory in which the person is located”.

14  Paragraph 23WB(3)(c)

Omit “Aboriginal legal aid organisation, or a person whose name is included in the relevant list maintained under subsection 23J(1)”, substitute “Aboriginal legal assistance organisation in the State or Territory in which the person is located”.

15  Paragraphs 23WG(4)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  inform the suspect that reasonable steps will be taken to notify a representative of an Aboriginal legal assistance organisation that the suspect is to be asked to consent to a forensic procedure; and

                     (b)  take reasonable steps to notify such a representative.