Legislative amendment to section 464FA of the Crimes Act 1958 (Vic) (Crimes Act) to require an investigating official to inform an Aboriginal and/or Torres Strait Islander person in custody not only that the Victorian Aboriginal Legal Service (VALS) has been notified that the person is in custody but also that:

5.1. the purpose of the notification is for VALS to perform a welfare and wellbeing assessment on the person including – 5.1.1. identification of any medical, physical and mental health concerns, disability or impairment (including due to substance use); and 5.1.2. communication of any identified risks to the person’s safety while in custody to Police so that appropriate management and care is provided;

5.2. the person may communicate with a VALS Client Notification Officer (CNO);

5.3. with the person’s consent, CNOs may advise their family members, partner or other people of their wellbeing and whereabouts; and

5.4. with the person’s consent, CNOs will contact a VALS on-call solicitor to provide preinterview legal advice.