Section 23WB — Crimes Act 1914: Interview friends

(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 assistance organisation in the State or Territory in which the person is located 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 assistance organisation in the State or Territory in which the person is located. (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.