New South Wales Repealed Regulations

This legislation has been repealed.

CRIMES (DETENTION AFTER ARREST) REGULATION 1998 - REG 4

4 Support person

(1) A person can be a support person for a detained person for the purposes of this Regulation only if the person is aged 18 years or over and is:

(a) in the case of a detained person who is a child:

(i) a parent or guardian of the child or a person who has the lawful custody of the child, but not the father or mother of the child if the father or mother has neither guardianship nor custody of the child, or

(ii) a person who has the care of the child, or

(iii) an adult (other than a police officer) who has the consent of a person referred to in subparagraph (i) or (ii) to be the support person for the child, or

(iv) if the child is of or above the age of 16 years--an adult (other than a police officer) who has the consent of the child to be the support person for the child, or

(v) a legal practitioner of the child's own choosing, or

(b) in the case of a detained person who is not a child:

(i) a guardian or any other person who is responsible for the care of the detained person, or

(ii) a relative, friend or any other person (other than a police officer) who has the consent of the detained person to be the support person for the detained person, or

(iii) if none of the persons mentioned in subparagraph (i) or (ii) is applicable or readily available--a person (other than a police officer) who has expertise in dealing with vulnerable persons of the category, or a category, to which the person belongs.