New South Wales Consolidated Regulations

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) REGULATION 2005 - REG 30

30 Role of support persons during interview

(cf Crimes (Detention after Arrest) Regulation 1998 , cl 26)

(1) The custody manager for a detained person who is a vulnerable person is to inform any support person for the detained person that the support person is not restricted to acting merely as an observer during an interview of the detained person and may, among other things:

(a) assist and support the detained person, and

(b) observe whether or not the interview is being conducted properly and fairly, and

(c) identify communication problems with the detained person.

(2) The custody manager is to give a copy of the summary referred to in section 122 (1) (b) of the Act, to:

(a) the support person, and

(b) any interpreter for the detained person who attends in person at the place of detention.

(3) If the support person or the detained person’s legal representative is present during an interview of the detained person, the support person or legal representative is to be given an opportunity to read and sign any written interview record.

(4) Any refusal by the support person or legal practitioner to sign a written interview record when given the opportunity to do so must itself be recorded.