If an investigating officer wants to interview a suspect who they believe may have complex communication needs, the officer must make certain arrangements to enable effective communication with the suspect during an interview.

A person will be taken to have complex communication needs where they have difficulty communicating effectively with the interviewer, whether the communication difficulty is temporary or permanent, and whether it was caused by disability, illness or injury [see Summary Offences Regulations 2016 (SA) reg 18(2)]. Intoxication, however, is not defined as a communication difficulty [see reg 18(2)]. Some examples of complex communication needs include where a person has an intellectual disability, Cerebral Palsy, an acquired brain injury, mental health issues, or is autistic.

When an investigating officer proposes to interview a suspect whom they believe may have complex communication needs, they must make the following arrangements as relevant:

See Summary Offences Regulations 2016 (SA) reg 19(1), but note that reg 19(2) enables an officer to proceed with the interview where a prescribed communication assistant or prescribed communication device cannot be arranged and the circumstances do not warrant the interview being postponed [see reg 19(2)].

These requirements operate in addition to those contained in section 74D of the Summary Offences Act 1953 (SA) [see Summary Offences Regulations 2016 (SA) reg 19(1)].

The Summary Offences Regulations 2016 (SA) defines a prescribed communication assistant as a person who provides communication assistance to a suspect or vulnerable witness while being interviewed, and includes a communication partner within the meaning of section 4 of the Evidence Act 1929 (SA) (see Prescribed communication partners below) and any other person approved for the purposes of the interview by the interviewer [reg 22(1)].

A prescribed communication device includes:

See Summary Offences Regulations 2016 (SA) reg 22(2).

Prescribed communication partners

From 1 March 2020, a prescribed communication partner may include a person from the following classes:

In addition to holding the relevant qualifications, the person must have a minimum of five years’ relevant experience working with people with complex communication needs and must have agreed in writing to comply with the relevant Code of Conduct. For more information, see the Rights and Law, Arrest and Court topic on the SA.GOV.AU website (opens new window) as well as: