However, s89A of the Evidence Act (NSW) operates to allow adverse inferences to be drawn from a failure to mention, when questioned, something which the subject later relies upon in Court and which he/she ought reasonably have been aware of at the time of questioning. This inference can only be drawn if the subject has been given the special caution, which is a caution in addition to the usual caution and the subject consults with an Australian Legal practitioner in persona so as to fully understand the effect of the special caution. In NSW a subject has the right to a lawyer being present in a police interrogation but they do not have the right to have a lawyer provided for them, therefore a lawyer will only attend if the subject can afford private legal counsel. Therefore, the subject can prevent the invocation of s89A by receiving legal advice over the phone or choosing not to have a lawyer present (assuming they can afford one).