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

(a) obtaining advice from the lawyer about the person's legal rights in relation to –

(i) the preventative detention order; or

(ii) a prohibited contact order in force in relation to his or her detention; or

(iii) the treatment of the person in connection with the person's detention under the preventative detention order; or

(b) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, proceedings in a court for a remedy relating to –

(i) the preventative detention order; or

(ii) a prohibited contact order in force in relation to his or her detention; or

(iii) the treatment of the person in connection with the person's detention under the preventative detention order; or

(c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman under the Ombudsman Act 1978 in relation to –

(i) the application for, or the making of, the preventative detention order or a prohibited contact order; or

(ii) the treatment of the person by a police officer in connection with the person’s detention under the preventative detention order; or

(d) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal in a proceeding to which the person is a party or in which he or she otherwise has standing to appear that is to take place while the person is being detained under the order.

(2)  The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes –

(a) being visited by the lawyer; and

(b) communicating with the lawyer by telephone, fax or email.

(3)  If –

(a) the person being detained or, if he or she is under 18 years of age or is incapable of managing his or her affairs, a person with whom he or she has contact under section 36 asks to be allowed to contact a particular lawyer under subsection (1) ; and

(b) either –

(i) the person is not entitled to contact that lawyer because of section 37 (prohibited contact order); or

(ii) the person is not able to contact that lawyer –

the police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1) .

(3A)  If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that –

(a) the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and

(b) the person may have difficulties in choosing or contacting a lawyer because of that inability –

the police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1) .

(4)  In recommending lawyers as part of giving a person assistance under subsection (3) , the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth.

(5)  Despite subsection (4) but subject to section 37 , the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (4) .