Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 17

Procedural requirements for person directed to a police station, or person apprehended and detained

17. Procedural requirements for person directed to a police station, or person
apprehended and detained



(1) This section applies if-

   (a)  a person is directed under section 14 to remain at, or go to and
        remain at, a police station; or

   (b)  a directed person is apprehended and detained under section 15.

(2) A police officer must-

   (a)  inform the person that the person-

   (i)  may communicate or attempt to communicate with a friend or relative
        (other than the affected family member) to inform the friend or
        relative of the person's whereabouts; and

   (ii) may communicate or attempt to communicate with a legal practitioner;
        and

   (b)  give the person a notice containing the prescribed information about
        the person's rights and responsibilities under this Division.

(3) A police officer must comply with subsection (2)-

   (a)  for a person referred to in subsection (1)(a)-as soon as practicable
        after-

   (i)  the direction is given, if the person is at a police station when the
        direction is given; or

   (ii) the person arrives at the police station, in any other case; and

   (b)  for a person referred to in subsection (1)(b)-as soon as practicable
        after the person is apprehended and detained.

(4) If the person wishes to communicate with a friend, relative or legal
practitioner, a police officer must-

   (a)  afford the person reasonable facilities as soon as practicable to
        enable the person to do so; and

   (b)  allow the person's legal practitioner or a clerk of the legal
        practitioner to communicate with the person in circumstances in which,
        as far as practicable, the communication will not be overheard.

(5) Nothing in subsection (4) permits the person to communicate with the
affected family member.

(6) If the person does not have sufficient knowledge of the English language
to enable the person to understand why the person is subject to a direction or
detention, a police officer must arrange for the person to have access to a
competent interpreter.

(7) Despite subsection (2) or (4), a police officer is not required to inform
a person that the person may communicate or attempt to communicate with a
friend or relative, or to afford a person facilities to enable the person to
do so, if the officer believes on reasonable grounds that the communication
would be likely to jeopardise the safety of the affected family member or any
property of the affected family member.