Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23WB

             (1)  This section lists the people who may act as an interview friend of a suspect, offender or volunteer for the purposes of a provision of this Part referring to an interview friend. Different people may act as interview friends of a suspect, offender or volunteer for the purposes of different provisions of this Part.

             (2)  Where the suspect, offender or volunteer is a child or an incapable person, the following people may act as interview friends :

                     (a)  a parent, guardian or other person chosen by, or acceptable to, the suspect, offender or volunteer;

                     (b)  a legal practitioner acting for the suspect, offender or volunteer;

                     (c)  if the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander and none of the previously mentioned persons is available--a representative of an Aboriginal legal aid organisation or a person whose name is on the relevant list maintained under subsection 23J(1) who is chosen by, or acceptable to, the suspect, offender or volunteer;

                     (d)  if there is no available person who is covered by paragraph (a), (b) or (c)--an independent person who is not a constable.

             (3)  Where the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander not covered by subsection (2), the following people may act as interview friends :

                     (a)  a relative or other person chosen by the suspect, offender or volunteer;

                     (b)  a legal practitioner acting for the suspect, offender or volunteer;

                     (c)  if there is no available person who is covered by paragraph (a) or (b)--a representative of an Aboriginal legal aid organisation, or a person whose name is included in the relevant list maintained under subsection 23J(1).

             (4)  A suspect, offender or volunteer who has a legal representative may also have an interview friend who is not the suspect's, offender's or volunteer's legal representative.