New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) A person who falls within any of the following categories (referred to in this Regulation as "categories of vulnerability") is a "vulnerable person" for the purposes of this Regulation:(a) children,(b) persons who have impaired intellectual functioning,(c) persons who have impaired physical functioning,(d) persons who are Aboriginal persons or Torres Strait Islanders,(e) persons who are of non-English speaking background.
(2) Pursuant to section 356A of the Act, the application of Part 10A of the Act to vulnerable persons is modified by the provisions of Parts 4 and 5 of this Regulation.
(3) However, the requirements of this Regulation with respect to a detained person who is in a particular category of vulnerability do not apply if the custody manager believes on reasonable grounds that the person is not in that category of vulnerability.
(4) Further, the requirements of this Regulation with respect to persons who have impaired physical functioning do not apply if the custody manager believes on reasonable grounds that the nature or extent of the impairment is so minor that the person will not be disadvantaged by it to any significant extent with respect to their participation in any investigative procedure (in comparison with members of the community generally).
(5) If a detained person falls within more than one category of vulnerability, the requirements of this Regulation with respect to each of those categories must be satisfied in respect of the person.