Legislation

Section 39E – Limitation on duty to instruct advocate under section 39D

Introduction

This section aims to prevent the appointment of multiple section 39D IMCAs. This is a theoretical possibility given that the duty to instruct an IMCA arises whenever the detained person or their unpaid representative asks the supervisory body to appoint an IMCA. Where a person already has a section 39D IMCA, there is no requirement […]

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