(1) A terrorism suspect who is under investigative
detention is entitled to contact a lawyer but solely for the purpose of--
(a)
obtaining advice from the lawyer about the terrorism suspect's legal rights in
relation to--
(i) the investigative detention, or
(ii) the treatment of the
terrorism suspect in connection with the investigative detention, or
(b)
arranging for the lawyer to act for the terrorism suspect, and instructing the
lawyer, in relation to proceedings in the Supreme Court relating to the issue
of a detention warrant in relation to the terrorism suspect, or
(c) arranging
for the lawyer to act for the person, and instructing the lawyer, in relation
to any other proceedings in a court for a remedy relating to--
(i) the
investigative detention, or
(ii) the treatment of the terrorism suspect in
connection with the investigative detention, or
(d) arranging for the lawyer
to act for the terrorism suspect, and instructing the lawyer, in relation to a
complaint to the Law Enforcement Conduct Commission in accordance with the
Law Enforcement Conduct Commission Act 2016 , or
(e) arranging for the
lawyer to act for the terrorism suspect in relation to an appearance, or
hearing, before a court that is to take place while the terrorism suspect is
under investigative detention.
(2) The form of contact the terrorism suspect
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.
(3) The police officer who is detaining the terrorism suspect must give the
terrorism suspect reasonable assistance to choose another lawyer for the
terrorism suspect to contact under subsection (1) if--
(a) the terrorism
suspect asks to be allowed to contact a particular lawyer under subsection
(1), and
(b) either--
(i) the terrorism suspect is not entitled to contact
that lawyer because of a prohibited contact direction, or
(ii) the terrorism
suspect is not able to contact that lawyer.
(4) Without limiting the
assistance that may be given to the terrorism suspect under subsection (3),
the police officer may refer the terrorism suspect to the Legal Aid
Commission.
(5) The police officer who is detaining the terrorism suspect
must give the terrorism suspect reasonable assistance (including, if
appropriate, by arranging for the assistance of an interpreter) to choose and
contact a lawyer under subsection (1) if the police officer has reasonable
grounds to believe that--
(a) the terrorism suspect is unable, because of
inadequate knowledge of the English language or a disability, to communicate
with reasonable fluency in that language, and
(b) the terrorism suspect may
have difficulties in choosing or contacting a lawyer because of that
inability.
(6) In recommending lawyers to the terrorism suspect as part of
giving the terrorism suspect assistance under subsection (3), the police
officer who is detaining the terrorism suspect may give priority to lawyers
who have been given a security clearance at an appropriate level by the
Commonwealth.
(7) Despite subsection (6) but subject to any prohibited
contact direction, the terrorism suspect is entitled under this section to
contact a lawyer who does not have a security clearance of the kind referred
to in subsection (6).
(8) The police officer who is detaining the terrorism
suspect must, before any contact with a lawyer takes place, inform the
terrorism suspect, and the lawyer, that the contact (whether it takes place by
telephone, by audiovisual link or in person) will be monitored.
