Law Enforcement (Powers and Responsibilities) Amendment Regulation 2008 (NSW)

2008 No 600

New South Wales

Law Enforcement (Powers and

Responsibilities) Amendment

Regulation 2008

under the

Law Enforcement (Powers and Responsibilities) Act 2002

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Law Enforcement (Powers and Responsibilities) Act 2002.

JOHN HATZISTERGOS, M.L.C.,

Attorney General

Explanatory note
Currently, clause 26 (a) (iv) of the Law Enforcement (Powers and Responsibilities) Regulation 2005 provides that a child who is 16 years of age or over may consent to an adult (other than a police officer) to be the support person for the child for the purposes of police interviewing and questioning.
The object of this Regulation is to amend the Law Enforcement (Powers and Responsibilities) Regulation 2005 to decrease the age at which a child may give such consent from 16 years to 14 years.
The amendment is consistent with similar amendments made to the Children (Criminal Proceedings) Act 1987 by the Children (Criminal Proceedings) Amendment Act 2008 and to the Young Offenders Act 1997 by the Courts and Other Legislation Amendment Act 2007.

This Regulation is made under the Law Enforcement (Powers and Responsibilities) Act 2002, including sections 112 and 238 (the general regulation-making power).

Published in Gazette No 158 of 19 December 2008, page 12338	Page 1
2008 No 600	Law Enforcement (Powers and Responsibilities) Amendment Regulation
Clause 1	2008

Law Enforcement (Powers and Responsibilities)

Amendment Regulation 2008

under the

Law Enforcement (Powers and Responsibilities) Act 2002

1      Name of Regulation

This Regulation is the Law Enforcement (Powers and Responsibilities)
Amendment Regulation 2008.

2 Amendment of Law Enforcement (Powers and Responsibilities) Regulation 2005

The Law Enforcement (Powers and Responsibilities) Regulation 2005 is amended by omitting “16 years” from clause 26 (a) (iv) and inserting instead “14 years”.

BY AUTHORITY