Interviewing suspects with complex communication needs

Interviewing suspects with complex communication needs

Certain procedures should be followed when a person with complex communication needs is interviewed by the Police.

Under the Summary Offences Regulations 2016 (SA) 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. Intoxication, however, is not defined as a complex communication difficulty [reg 18(2)].

If an investigating officer intends to interview a suspect who they believe may have complex communication needs, the officer must make the following arrangements as relevant:

for the suspect to be accompanied during the interview by a person who is a prescribed communication assistant;
for the suspect to use, or be provided with, a prescribed communication device for the purposes of the interview.

This is in addition to the requirements of section 74D of the Summary Offences Act 1953(SA) [see Summary Offences Regulations 2016 (SA) reg 19(1)]. See further : Police Questioning and Interviewing.

A prescribed communication assistant is a person who provides assistance to suspects or vulnerable witnesses while being interviewed and includes 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 communicationdevice includes:

text, symbol or picture boards;
speak-and-spell communication devices;
voice output communication devices;
tablets, laptops or other computers or devices equipped with software designed to assist persons with complex communication needs to communicate more readily; and
any other device, whether electronic or not, as may be approved for the purposes of the interview by the interviewer [reg 22(2)].

While the interviewing officer is obligated to make arrangements for a prescribed communication assistant or device as appropriate, the interview can still go ahead with out 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

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

Speech pathologists with Certified Practising Speech Pathologist membership of Speech Pathology Australia;
Registered occupational therapists;
Psychologists with general registration status with the Psychology Board of Australia;
Developmental educators with full membership of Developmental Educators Australia Incorporated; and
social workers with a membership status with the Australian Association of Social Workers.

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:

Interviewing suspects with complex communication needs : Last Revised: Mon Mar 2nd 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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