CRIMES ACT 1914 SECT 23YDA

(1)

Where:

(a)

a constable proposes to take an action listed in subsection (2); and

(b)

the constable believes on reasonable grounds that the suspect is unable, because of inadequate knowledge of the English language or a physical disability, to communicate orally with reasonable fluency in the English language;

the constable must, before taking the proposed action, arrange for the presence of an interpreter, and defer taking the proposed action until the interpreter is present.

(2)

The actions are as follows:

(a)

asking a suspect to consent to a forensic procedure (Division 3);

(b)

ordering the carrying out of a non-intimate forensic procedure on a suspect who is in custody (Division 4);

(c)

applying to a magistrate for a final order or an interim order for the carrying out of a forensic procedure on a suspect (Division 5);

(d)

cautioning a suspect (Division 6);

(e)

carrying out, or arranging for the carrying out of, a forensic procedure on a suspect (Division 6);

(f)

giving a suspect an opportunity to view a video recording made under this Part (section 23YF).