CRIMES ACT 1914 SECT 23WB

(1)

This section lists the people who may act as an interview friend of a suspect, offender or volunteer for the purposes of a provision of this Part referring to an interview friend. Different people may act as interview friends of a suspect, offender or volunteer for the purposes of different provisions of this Part.

(2)

Where the suspect, offender or volunteer is a child or an incapable person, the following people may act as interview friends :

(a)

a parent, guardian or other person chosen by, or acceptable to, the suspect, offender or volunteer;

(b)

a legal practitioner acting for the suspect, offender or volunteer;

(c)

if the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander and none of the previously mentioned persons is available—a representative of an Aboriginal legal aid organisation or a person whose name is on the relevant list maintained under subsection 23J(1) who is chosen by, or acceptable to, the suspect, offender or volunteer;

(d)

if there is no available person who is covered by paragraph (a), (b) or (c)—an independent person who is not a constable.

(3)

Where the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander not covered by subsection (2), the following people may act as interview friends :

(a)

a relative or other person chosen by the suspect, offender or volunteer;

(b)

a legal practitioner acting for the suspect, offender or volunteer;

(c)

if there is no available person who is covered by paragraph (a) or (b)—a representative of an Aboriginal legal aid organisation, or a person whose name is included in the relevant list maintained under subsection 23J(1).

(4)

A suspect, offender or volunteer who has a legal representative may also have an interview friend who is not the suspect's, offender's or volunteer's legal representative.