Certain procedures must be followed when police interview a person with complex communication needs.

A person has complex communication needs if they have significant difficulty in communicating effectively with the interviewer, whether the communication difficulty is temporary or permanent and whether caused by disability, illness or injury [Summary Offences Regulations 2016 (SA) reg 18(2)]. It does not include communication difficulties caused by intoxication.

An investigating officer who intends to interview a suspect they believe may have complex communication needs must:

This is in addition to the requirements of section 74D of the Summary Offences Act 1953(SA) [reg 19(1)]. See Police questioning and interviewing.

A prescribed communication assistant is a person who helps suspects or vulnerable witnesses while they are being interviewed and includes a communication partnerwithin 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 [reg 22(2)]:

While the interviewing officer is required to arrange for a prescribed communication assistant or device as appropriate, the interview can still go ahead without the assistant or device if it is not reasonably practicable to have one there (for example, where one is not available), and where the circumstances do not warrant the interview being postponed [reg 19(2)-(3)].

Prescribed communication partners

A prescribed communication partner is a person that falls within one of the following classes, provided they have a minimum of 5 years of relevant experience working with people with complex communication needs and have agreed to comply with the relevant Code of Conduct:

For more information about communication partners, including the relevant Code of Conduct and how to engage a communication partner, visit the SA Government Arrest and Court webpage.