SCHEDULES

SCHEDULE 3Border security

PART 3Review of detention

53Representations

1

Before determining whether to authorise a detainee’s continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention—

a

the detainee, or

b

a solicitor representing the detainee who is available at the time of the review.

2

Representations may be oral or written.

3

A review officer may refuse to hear oral representations from the detainee if the officer considers that the detainee is unfit to make representations because of the detainee’s condition or behaviour.