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VALS to be notified of Aboriginal person taken into custody – October 2019

Information about the amendment to the Crimes Act 1958, that sets out requirements for people investigating incidents to ask whether a person is Aboriginal before questioning them.

Published:
Tuesday 1 October 2019 at 12:00 am

From 1 October 2019, the Crimes Act 1958 requires an investigating official to ask a person who is taken into custody whether they are an Aboriginal or Torres Strait Islander person before any questioning or investigation begins. If so, they must notify the Victorian Aboriginal Legal Service:

  • within one hour of that person being taken into custody, or 
  • if it is not practicable to make this deadline, then as soon as it is practicable to do so.  

See s. 464AAB, 464FA—Crimes Act 1958 (Vic)(opens in a new window).

Updated