Summary Offences (Custody Notification Service) Variation Regulations 2020 (SA)

South Australia

Summary Offences (Custody Notification Service) Variation Regulations 2020

under the Summary Offences Act 1953

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Summary Offences Regulations 2016

4            Insertion of Part 5A

Part 5A—Custody Notification Service

33A         Interpretation

33B         Application of Part

33C         ALRM to be notified of detention of Aboriginal or Torres Strait Islander persons

Part 1—Preliminary

1—Short title

These regulations may be cited as the Summary Offences (Custody Notification Service) Variation Regulations 2020.

2—Commencement

These regulations come into operation 4 months after the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Summary Offences Regulations 2016

4—Insertion of Part 5A

After regulation 33 insert:

Part 5A—Custody Notification Service

33A—Interpretation

In this Part—

ALRM means the Aboriginal Legal Rights Movement Ltd;

ALRM representative means a person employed or engaged by ALRM;

custodial police station has the same meaning as in section 78 of the Act;

designated police facility has the same meaning as in section 78 of the Act;

police facility means a custodial police station or designated police facility;

responsible officer, in respect of a police facility, means the police officer who is for the time being responsible for the custodial management of persons detained at the police facility.

33B—Application of Part

This Part is in addition to, and does not derogate from, a provision of this Act, or of any other Act or law, relating to the arrest or detention of Aboriginal or Torres Strait Islander persons.

33C—ALRM to be notified of detention of Aboriginal or Torres Strait Islander persons

(1)The responsible officer in respect of a police facility must, as soon as is reasonably practicable after a person (including, to avoid doubt, a child) is delivered into the custody of the responsible officer—

(a)ask the person whether they are an Aboriginal or Torres Strait Islander person; and

(b)if the person identifies themself as, or appears to the responsible officer to be, an Aboriginal or Torres Strait Islander person—

(i)inform the person that ALRM will be notified by telephone of the person’s detention at the police facility; and

(ii)notify ALRM by telephone of the detention of the person.

(2)Without limiting the information that may be given to ALRM under this regulation, the responsible officer must ensure that ALRM is given—

(a)the name of the Aboriginal or Torres Strait Islander person (if known); and

(b)details of the police facility where the Aboriginal or Torres Strait Islander person is being detained; and

(c)the name and contact details of the responsible officer.

(3)A responsible officer must, at the request of an ALRM representative, allow the ALRM representative to speak by telephone to, or visit, (or both) the Aboriginal or Torres Strait Islander person for a reasonable period.

(4)The responsible officer must, as soon as is reasonably practicable after an ALRM representative has spoken to or visited an Aboriginal or Torres Strait Islander person, be available to be contacted by the ALRM representative to discuss—

(a)any concerns held by the ALRM representative regarding the welfare of the person (including any need the person may have for medical attention); and

(b)whether the person needs the services of an interpreter, or the presence of a support person, when being interviewed in relation to an offence or in applying for bail.

(5)The responsible officer must ensure that a record is made of—

(a)a person being asked and informed (as the case requires) of the matters referred to in subregulation (1); and

(b)ALRM being notified under subregulation (1)(b)(ii); and

(c)any other occasion when there is contact between the responsible officer, or another police officer, and ALRM or an ALRM representative in respect of the Aboriginal or Torres Strait Islander person, including details of any matters discussed during that contact.

(6)A responsible officer who, without reasonable excuse, refuses or fails to comply with a requirement under this Part may be dealt with under the Police Complaints and Discipline Act 2016 for a breach of discipline.

Made by the Governor

with the advice and consent of the Executive Council

on 2 July 2020

No 228 of 2020