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Aboriginal and Torres Strait Islander persons

Mandatory Custody Notification Scheme

On 1 October 2021, Part 5A- Custody Notification Service was inserted into the Summary Offences Regulations 2016 (SA).

Under regulation 33C, Aboriginal Legal Rights Movement Ltd (‘ALRM’) must be notified if an Aboriginal or Torres Strait Islander person is arrested. This includes a person under 18 years of age, in the youth jurisdiction.

The new mandatory custody notification scheme builds upon the existing ALRM Visitor Scheme

A responsible officer is defined in regulation 33A as the police officer who is for the time being responsible for the custodial management of the person detained at the police facility.

What must the responsible officer do?

The responsible officer in respect of a person (including a child) detained at a police facility must, as soon as reasonably practical after the person is detained at the facility, ask the person if they are an Aboriginal or Torres Strait Islander person.

If the person identifies themselves as (or appears to the responsible officer to be) an Aboriginal or Torres Strait Islander person, the responsible officer must inform the person that ALRM will be notified by telephone of the person’s detention. If the telephone call is unanswered, ALRM must be notified by email to a dedicated email address provided by ALRM for that purpose (being an email address that ALRM has undertaken to monitor).

[reg 33C(1)-(1a)]

What information must be given to ALRM?

The responsible officer must notify ALRM by telephone (or email if required), and provide the name of the person (if known), details of the police facility, and the name and contact details of the responsible officer.

[reg 33C(2)]

How can ALRM help?

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

The responsible officer must be available to speak with the ALRM representative as soon as reasonably practical after their visit or telephone call, to discuss any concerns regarding the welfare of the person (including any need for medical attention) or whether an interpreter or support person is needed when being interviewed or applying for bail.

[regs 33C(3)-(4)]

Are any records made of the notification?

The responsible officer is required to make a record of the following:

  • that they have asked the person if they are an Aboriginal or Torres Strait Islander person
  • whether the person has identified themselves as (or appears to be) an Aboriginal or Torres Strait Islander person
  • whether ALRM has been notified (by telephone or email)
  • if ALRM have been notified, a record of such contact, and details of any matters discussed during contact with an ALRM representative and any police officers or responsible officer in relation to the detained person.

[reg 33C(5)]

What if the responsible officer refuses to make a notification?

A responsible officer who fails to comply with the requirements above (without reasonable excuse) may be subject to disciplinary action (under the Police Complaints and Discipline Act 2016 (SA).

[reg 33C(6)]

Other assistance

When an Aboriginal or Torres Strait Islander person is arrested, the Officer in Charge of the police station where the person is taken should ensure that:

  • any telephone call (apart from a local call) be charged to the accused or, if he or she cannot afford to pay, to the ALRM if they agree to accept a reverse charge call
  • field officers assisting an accused obtain the same facilities as a lawyer, relative or friend
  • if questioning a tribal or semi-tribal Aboriginal person about a serious offence, either a lawyer or an Aboriginal field officer is present. In special circumstances where the expertise of either the Department for Education or the Department of Human Services (SA) is needed, an officer of the Department may be called. If possible, those attending should have some understanding of the accused's language
  • if questioning an Aboriginal person under the age of 18 years about a serious offence, a parent, guardian or Aboriginal field officer is present whenever possible.
Aboriginal and Torres Strait Islander persons  :  Last Revised: Thu Nov 9th 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.