Custody Notification Service
The Aboriginal Legal Rights Movement (ALRM) must be notified if an Aboriginal or Torres Strait Islander person of any age is arrested. This custody notification service builds upon the existing Aboriginal Visitor Scheme.
The police officer responsible for a person 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 [Summary Offences Regulations 2016 (SA) reg 33A and 33C]. 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 of the person’s detention. If the responsible officer is unable to notify ALRM by telephone, they must notify ALRM by email to a dedicated email address provided by ALRM for that purpose.
The responsible officer must provide the name of the person (if known), details of the police facility where the person is detained, and the name and contact details of the responsible officer [reg 33C(2)].
The responsible officer must, on request, allow an ALRM representative to speak with the detained person by telephone or face-to-face for a reasonable period [reg 33C(3)].
The responsible officer must also 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 [reg 33C(4)].
The responsible officer must keep accurate records of their compliance with their requirements under the custody notification service [see reg 33C(5)].
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 help
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:
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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