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, in which information can be found on the ALRM website (link opens new window)

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 will 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:

[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)]