Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

464FA Victorian Aboriginal Legal Service to be notified if Aboriginal person or Torres Strait Islander taken into custody

(1)An investigating official must notify VALS if—

S. 464FA(1) substituted by No. 26/2023 s. 78(2).

(a)a person is taken into custody; and

(b)either—

(i)the person states (whether or not in response to a question asked by an investigating official) that they are an Aboriginal person or a Torres Strait Islander; or

(ii)the investigating official who took the person into custody knows or is of the opinion that the person is an Aboriginal person or a Torres Strait Islander.

Section 464AAB requires that an investigating official who takes a person into custody must ask the person whether they are an Aboriginal person or a Torres Strait Islander.

(2)The notification must be made—

S. 464FA(2) substituted by No. 26/2023 s. 78(2).

(a)within one hour of the person being taken into custody; or

(b)if it is not practicable to do so within one hour, as soon as it is practicable to do so.

(3)As soon as practicable after VALS is notified, an investigating official must inform the person taken into custody of that notification.

S. 464FA(3) amended by No. 26/2023 s. 78(3).S. 464FA(3) amended by Nos 16/2002 s. 12(2)(b), 37/2014 s. 10(Sch. item 36.36(c)).

(4)In this section— VALS means the Victorian Aboriginal Legal Service Co-operative Ltd (ABN 45 926 675 900).