{"id":"a-2017-47","name":"Custodial Inspector Act 2017","slug":"custodial-inspector-act-2017","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"47 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23371,"registerId":"act-a-2017-47-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Custodial Inspector Act 2017","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCustodial Inspector Act 2017\nA2017-47\nRepublication No 6\nEffective: 9 December 2024\nRepublication date: 9 December 2024\nLast amendment made by A2024-41\n(republication for expiry of provision (s 39))\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Custodial Inspector Act 2017 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 December 2024. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n9 December 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCustodial Inspector Act 2017\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Object of Act 3\n7 What is a correctional centre? 3\n8 What is a correctional service? 4\nPart 2 Custodial inspector\nDivision 2.1 Appointment of inspector\n9 Appointment of custodial inspector 5\n10 Disclosure of interests 5\n11 Inspector must not do inconsistent work etc 6\n\nContents\nPage\ncontents 2 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Ending appointment 6\nDivision 2.2 Office of the inspector\n13 Inspector’s staff 7\n14 Contractors 7\n15 Other arrangements for staff and facilities 7\n16 Delegation 7\nPart 3 Inspector’s functions and powers\n17 Functions—generally 9\n18 Functions—examination and review 9\n19 Inspector may enter correctional centre etc 10\n20 Inspection guidelines 11\n21 Access to correctional centres etc 12\n22 Power to ask for information, documents and other things 12\n23 Requiring attendance etc 14\n24 Inspector may keep document or other thing etc 16\n25 Privileges against self-incrimination and exposure to civil penalty 16\n26 Offence—taking detrimental action 17\nPart 4 Reports by inspector\n27 Report about examination and review 20\n28 Public interest considerations 20\n29 Draft report to relevant Minister and director-general 21\n30 Presentation of report to Legislative Assembly 22\nPart 5 Cooperation and referral between inspector\nand other entities\n31 Cooperation with other entities 24\n32 Inspector may refer matter to investigative entity 25\n33 Cooperation with inspector 25\n34 Oversight entities may refer matter to inspector 27\n35 Information sharing 27\nPart 6 Miscellaneous\n36 Protection of inspector from liability 28\n\nContents\nPage\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Offence—use or divulge protected information 28\n38 Regulation-making power 30\nDictionary 31\nEndnotes\n1 About the endnotes 34\n2 Abbreviation key 34\n3 Legislation history 35\n4 Amendment history 36\n5 Earlier republications 38\n\n\n\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCustodial Inspector Act 2017\nAn Act to provide for a custodial inspector, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Custodial Inspector Act 2017.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘young detainee—see the Children\nand Young People Act 2008, section 95.’ means that the term ‘young\ndetainee’ is defined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 6\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Object of Act\n(1) The main object of this Act is to promote the continuous improvement\nof correctional centres and correctional services.\n(2) This is to be achieved particularly by providing a framework for—\n(a) the systematic review and scrutiny of the correctional centres\nand services; and\n(b) independent and transparent reporting.\n7 What is a correctional centre?\n(1) In this Act:\ncorrectional centre means—\n(a) a place declared to be a correctional centre under the\nCorrections Management Act 2007, section 24; or\n(b) a place where a detainee is held in custody under a declaration\nunder the Corrections Management Act 2007, section 34; or\n(c) a place, including a vehicle, where a detainee is held in custody\nwhile being escorted by an escort officer under the Corrections\nManagement Act 2007; or\n(d) any other place where a detainee is held in custody under the\nCorrections Management Act 2007; or\n(e) a place declared to be a detention place under the Children and\nYoung People Act 2008, section 142; or\n(f) a place, including a vehicle, where a detainee is held in custody\nwhile being escorted by an escort officer under the Children and\nYoung People Act 2008.\nExamples—par (d)\n1 a place where a detainee is directed to work or participate in an activity\n2 a police or court cell\n3 a health facility\n\nPart 1 Preliminary\nSection 8\npage 4 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\nescort officer means—\n(a) for the Corrections Management Act 2007—a corrections\nofficer; or\n(b) for the Children and Young People Act 2008—a corrections\nofficer or a youth detention officer.\nyouth detention officer—see the Children and Young People\nAct 2008, section 96.\n8 What is a correctional service?\nIn this Act:\ncorrectional service—\n(a) means—\n(i) the management, control and security of a correctional\ncentre; or\n(ii) the security, control, safety, care and welfare of a detainee\nat a correctional centre; and\n(b) includes policies, processes and procedures in relation to the\nmatters mentioned in paragraph (a).\n\nCustodial inspector Part 2\nAppointment of inspector Division 2.1\nSection 9\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Custodial inspector\nDivision 2.1 Appointment of inspector\n9 Appointment of custodial inspector\n(1) The Executive must appoint a person as the custodial inspector.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) The appointment must be made in accordance with an open and\naccountable selection process.\n(3) However, the Executive must not appoint a person as the inspector\nunless satisfied that the person has the experience or expertise\nnecessary to exercise the inspector’s functions.\n(4) A person must not be appointed for a term of longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(5) The inspector’s conditions of appointment are the conditions agreed\nbetween the Executive and the inspector that are stated in the\ninstrument of appointment, subject to any determination under the\nRemuneration Tribunal Act 1995.\n(6) The appointment of the inspector is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n10 Disclosure of interests\nThe inspector must give the Executive a written statement of the\ninspector’s personal and financial interests within 7 days after—\n(a) the day the inspector is appointed; and\n(b) the first day of each financial year; and\n(c) the day there is a change in the interest.\n\nPart 2 Custodial inspector\nDivision 2.1 Appointment of inspector\nSection 11\npage 6 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Inspector must not do inconsistent work etc\nThe inspector must not—\n(a) have paid employment that is inconsistent with the inspector’s\nfunctions; or\n(b) engage in any unpaid activity that is inconsistent with the\ninspector’s functions.\n12 Ending appointment\n(1) The Executive may end a person’s appointment as the inspector—\n(a) for misconduct; or\n(b) if the person becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act, dict,\npt 1.\n(c) if the person is convicted, in the ACT, of an offence punishable\nby imprisonment for at least 1 year; or\n(d) if the person is convicted outside the ACT, in Australia or\nelsewhere, of an offence that, if it had been committed in the\nACT, would be punishable by imprisonment for at least 1 year.\n(2) The Executive must end the inspector’s appointment for physical or\nmental incapacity, if the incapacity substantially affects the exercise\nof the inspector’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n\nCustodial inspector Part 2\nOffice of the inspector Division 2.2\nSection 13\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.2 Office of the inspector\n13 Inspector’s staff\n(1) The inspector may employ staff on behalf of the Territory.\n(2) The inspector’s staff must be employed under the Public Sector\nManagement Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the inspector\nin relation to the employment of staff (see Public Sector Management Act\n1994, s 152).\n14 Contractors\n(1) The inspector may, on behalf of the Territory, engage a person under\na contract to assist in the exercise of any function of the inspector.\n(2) Consultants may be engaged on terms decided by the inspector.\n(3) However, this section does not give the inspector a power to enter\ninto a contract of employment with a contractor.\n15 Other arrangements for staff and facilities\nThe inspector may arrange with the head of service to use the services\nof a public servant or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n16 Delegation\nThe inspector may delegate the inspector’s functions under this Act\nor any other territory law to—\n(a) a member of staff mentioned in section 13 (Inspector’s staff); or\n\nPart 2 Custodial inspector\nDivision 2.2 Office of the inspector\nSection 16\npage 8 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a person engaged by the inspector under\nsection 14 (Contractors).\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\nInspector’s functions and powers Part 3\nSection 17\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Inspector’s functions and powers\n17 Functions—generally\nThe inspector has the following functions:\n(a) to examine and review correctional centres;\n(b) to examine and review correctional services;\n(c) to review critical incidents at correctional centres or in the\nprovision of correctional services;\n(d) to report under part 4 (Reports by inspector);\n(e) to exercise any other function given to the inspector under this\nAct or another territory law.\n18 Functions—examination and review\n(1) Subject to this Act, the inspector—\n(a) must examine and review each correctional centre declared\nunder the Corrections Management Act 2007, section 24 and\neach detention place declared under the Children and Young\nPeople Act 2008, section 142—\n(i) within 2 years after the day the centre or place was\ndeclared; and\n(ii) at least once every subsequent 3 years; and\n(b) may, but not more than once every 2 years, examine and review\ncorrectional services on the inspector’s own initiative; and\n(c) may review a critical incident on the inspector’s own initiative\nor as requested by a relevant Minister or relevant\ndirector-general.\n\nPart 3 Inspector’s functions and powers\nSection 19\npage 10 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In exercising a function under subsection (1), the inspector must, if\nappropriate and practicable, consult with people, or use staff, suitable\nto the cultural background or vulnerability of any detainee involved\nin a matter being examined or reviewed.\nExamples\n1 if a review relates to Aboriginal or Torres Strait Islander detainees, it may be\nappropriate to consult with Aboriginal and Torres Strait Islander\nrepresentatives\n2 if a critical incident involves a person from a culturally or linguistically diverse\nbackground, it may be appropriate to use a staff member who has the same\nbackground\n3 if a review relates to a person with disability, it may be appropriate to consult\nwith an organisation representing the interests of people with disability\n4 if a critical incident involves an interview with a female detainee, it may be\nappropriate, given the nature of the critical incident, for the detainee to be\ninterviewed by a female\n19 Inspector may enter correctional centre etc\n(1) The inspector may, at any time, enter a correctional centre at the\ninspector’s own initiative.\n(2) The inspector may inspect the following:\n(a) any document, including a health record, relating to—\n(i) a detainee at the correctional centre; or\n(ii) the provision of a correctional service;\n(b) any other record required to be kept by the correctional centre;\n(c) any part of the correctional centre;\n(d) any vehicle or equipment used at a correctional centre or in the\nprovision of correctional services.\n(3) The inspector may speak to, or privately interview—\n(a) a person other than a detainee at the correctional centre; and\n\nInspector’s functions and powers Part 3\nSection 20\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a person involved in the provision of correctional services; and\n(c) with the detainee’s consent—a detainee.\nExamples—par (b)\n1 a health worker providing a health service to a detainee\n2 a contractor providing an educational service to a detainee\n(4) If the inspector wants to speak to or interview a detainee, the inspector\nmust—\n(a) ask the detainee if the detainee wants a support person to be\npresent during the talk or interview; and\n(b) ensure the detainee is able to contact a support person as soon as\npracticable.\n(5) The inspector may take any equipment reasonably required to\neffectively conduct an inspection of a correctional centre.\nExamples—equipment reasonably required\n1 a recording device\n2 a camera\n(6) In this section:\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\nprivately interview means speaking with a person without the\npresence of any other person and without surveillance by electronic\nor other means.\n20 Inspection guidelines\n(1) The Minister may make guidelines about a matter the inspector must\nreview, examine or report on in relation to a correctional centre or\nservice.\n(2) A guideline is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n\nPart 3 Inspector’s functions and powers\nSection 21\npage 12 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Access to correctional centres etc\n(1) If requested by the inspector, the relevant director-general must\nensure that the inspector—\n(a) is given access to—\n(i) all parts of a correctional centre; and\n(ii) any vehicle or equipment used in a correctional centre or\nin the provision of a correctional service; and\n(b) is able to talk to each detainee in the correctional centre at any\ntime.\n(2) A person must not, without reasonable excuse, obstruct or hinder the\ninspector in the exercise of the inspector’s functions.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n22 Power to ask for information, documents and other\nthings\n(1) This section applies if the inspector believes, on reasonable grounds,\nthat a person can provide information or produce a document or\nsomething else relevant to an examination or review under section 18.\n(2) The inspector may, by written notice given to the person, require the\nperson to provide the information or produce the document or other\nthing.\n(3) The notice must state how, and the time within which, the person must\ncomply with the requirement.\n(4) A person commits an offence if—\n(a) the person is required by a notice under this section to provide\ninformation to the inspector; and\n\nInspector’s functions and powers Part 3\nSection 22\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person fails to provide the information to the inspector as\nrequired.\nMaximum penalty: 50 penalty units.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 2 Giving false information is an offence against the Criminal Code, s 338.\n(5) Subsection (4) does not apply—\n(a) to a detainee; or\n(b) if the person has a reasonable excuse for failing to provide the\ninformation to the inspector as required.\n(6) A person commits an offence if—\n(a) the person is required by a notice under this section to produce\nto the inspector a document or other thing; and\n(b) the person fails to produce the document or other thing to the\ninspector as required.\nMaximum penalty: 50 penalty units.\n(7) Subsection (6) does not apply—\n(a) to a detainee; or\n(b) if the person has a reasonable excuse for failing to produce the\ndocument or other thing to the inspector as required.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in ss (5) and (7) (see Criminal Code, s 58).\n\nPart 3 Inspector’s functions and powers\nSection 23\npage 14 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Requiring attendance etc\n(1) If the inspector believes, on reasonable grounds, that someone can\nprovide information relevant to an examination or review under\nsection 18, the inspector may, by written notice given to the person,\nrequire the person to attend before a named person (an interviewer),\nat a reasonable time and place stated in the notice, to answer questions\nrelevant to the examination or review.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2) A person who attends before an interviewer under a notice under\nsubsection (1) must continue to attend as reasonably required by the\ninterviewer to answer questions relevant to the examination or\nreview.\n(3) A person commits an offence if—\n(a) the person is required by a notice under subsection (1) to attend\nbefore an interviewer to answer questions in relation to an\nexamination or review; and\n(b) the person does not attend before the interviewer as required.\nMaximum penalty: 50 penalty units.\n(4) Subsection (3) does not apply—\n(a) to a detainee; or\n(b) if the person has a reasonable excuse for not attending before the\ninterviewer as required.\n(5) A person commits an offence if—\n(a) the person is required by a notice under subsection (1) to attend\nbefore an interviewer to answer questions in relation to an\nexamination or review; and\n(b) the person attends before the interviewer as required; and\n\nInspector’s functions and powers Part 3\nSection 23\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person fails to continue to attend as reasonably required by\nthe interviewer to answer questions relevant to the examination\nor review.\nMaximum penalty: 50 penalty units.\n(6) Subsection (5) does not apply—\n(a) to a detainee; or\n(b) if the person has a reasonable excuse for failing to continue to\nattend as required by the interviewer.\n(7) A person commits an offence if—\n(a) the person is required by a notice under subsection (1) to attend\nbefore an interviewer to answer questions in relation to an\nexamination or review; and\n(b) the person attends before the interviewer as required; and\n(c) the interviewer requires the person to answer a question; and\n(d) the person fails to answer the question.\nMaximum penalty: 50 penalty units.\nNote 1 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\nNote 2 Giving false information is an offence against the Criminal Code, s 338.\n(8) Subsection (7) does not apply—\n(a) to a detainee; or\n(b) if the person has a reasonable excuse for failing to answer the\nquestion.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in ss (4), (6) and (8) (see Criminal Code, s 58).\n\nPart 3 Inspector’s functions and powers\nSection 24\npage 16 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Inspector may keep document or other thing etc\n(1) If a document or something else is produced in accordance with a\nrequirement under section 22, the inspector—\n(a) may take possession of, make copies of, or take extracts from,\nthe document or may take possession of the other thing; and\n(b) may keep the document or other thing for the period that is\nnecessary for the consideration to which the document or thing\nrelates; and\n(c) during that period, must allow anyone who would be entitled to\ninspect the document or other thing, if it were not in the\npossession of the inspector, to inspect it and, for a document,\nmake copies of, or take extracts from, it.\n(2) The inspector must return a document or something else produced in\naccordance with a requirement under section 22, if the inspector is no\nlonger entitled to keep the document or thing under this section.\n25 Privileges against self-incrimination and exposure to civil\npenalty\n(1) This section applies if a person is required by a notice under\nsection 22 to provide information or produce a document or other\nthing.\n(2) This section also applies if—\n(a) a person is attending before an interviewer in accordance with a\nrequirement under section 23; and\n(b) the interviewer requires the person to answer a question.\n\nInspector’s functions and powers Part 3\nSection 26\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to provide the information, produce the document or other\nthing or answer the question.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(4) However, any information, document or other thing obtained, directly\nor indirectly, because of providing the information, the producing of\nthe document or other thing, or the answering of the question is not\nadmissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for—\n(a) an offence under section 22 or section 23; or\n(b) any other offence in relation to the falsity of the information,\ndocument, other thing or answer.\n26 Offence—taking detrimental action\n(1) A person (the retaliator) commits an offence if—\n(a) another person gives, or proposes to give, information,\ndocuments or evidence (a disclosure) to the inspector for this\nAct; and\n(b) the retaliator takes detrimental action against another person\nbecause of a disclosure.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(2) For this section, a retaliator takes detrimental action because of a\ndisclosure if the retaliator takes, or threatens to take, detrimental\naction against someone else because—\n(a) a person has made, or intends to make, a disclosure; or\n(b) the retaliator believes that a person has made or intends to make\na disclosure.\n\nPart 3 Inspector’s functions and powers\nSection 26\npage 18 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In determining whether a retaliator has taken detrimental action\nbecause of a disclosure, it is sufficient if a reason mentioned in\nsubsection (2) is a contributing reason.\n(4) In this section:\ndetrimental action includes the following:\n(a) discriminating against a person by treating, or proposing to treat,\nthe person unfavourably, including in relation to—\n(i) the person’s reputation; or\n(ii) the person’s career, profession, employment or trade; or\n(iii) the person’s access to a correctional centre or a detainee;\nor\n(iv) if the person is a detainee—\n(A) the detainee’s living conditions; or\n(B) the detainee’s privileges; or\n(C) the surveillance or searches the detainee is subject to;\nor\n(D) where the detainee is held in a correctional centre;\n(b) treating, or proposing to treat, a relevant organisation\nunfavourably, including in relation to—\n(i) the funding the organisation receives; or\n(ii) the organisation’s access to a correctional centre or\ndetainee; or\n(iii) the conditions on the organisation’s service delivery in\nrelation to a correctional centre or detainee;\n(c) harassing or intimidating a person;\n(d) injuring a person;\n\nInspector’s functions and powers Part 3\nSection 26\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) damaging a person’s property;\n(f) treating, or proposing to treat, a person unfavourably in any\nother way.\nliving conditions of a detainee, means, as relevant to the detainee,\nliving conditions mentioned in—\n(a) the Corrections Management Act 2007, chapter 6 (Living\nconditions at correctional centres); or\n(b) the Children and Young People Act 2008, part 6.5 (Living\nconditions at detention places).\nprivilege of a detainee, means, as relevant to the detainee, a privilege\nmentioned in—\n(a) the Corrections Management Act 2007, section 154; or\n(b) the Children and Young People Act 2008, section 289.\nrelevant organisation means a body that has as 1 of its activities—\n(a) promoting the interests of detainees; or\n(b) delivering services to detainees.\n\nPart 4 Reports by inspector\nSection 27\npage 20 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Reports by inspector\n27 Report about examination and review\n(1) The inspector must prepare a report after conducting the following:\n(a) an examination and review of a correctional centre under\nsection 18 (1) (a);\n(b) an examination and review of correctional services under\nsection 18 (1) (b);\n(c) a review of a critical incident under section 18 (1) (c).\n(2) Any recommendations included in a report must further the objects\nof this Act.\nNote The main object of this Act is to promote the continuous improvement of\ncorrectional centres and correctional services (see s 6).\n28 Public interest considerations\n(1) In preparing a report under section 27, the inspector must consider\nwhether any part of the report must be kept confidential because—\n(a) there are public interest considerations against disclosure; and\n(b) those considerations outweigh the public interest in favour of\ndisclosure.\n(2) There is a public interest against disclosure if disclosure of the\ninformation could reasonably have any of the following effects:\n(a) undermining security or good order at a correctional centre;\n(b) assisting anyone in escaping or attempting to escape from\ndetention;\n(c) undermining national security (within the meaning of the\nNational Security Information (Criminal and Civil Proceedings)\nAct 2004 (Cwlth));\n\nReports by inspector Part 4\nSection 29\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) identifying or allowing the identification of any person detained,\nworking or otherwise at a correctional centre;\n(e) undermining the procedures or systems in place to safeguard the\nlife, health and safety of a corrections officer or any other person\nat a correctional centre;\n(f) revealing or tending to reveal the identity of a person disclosing\ninformation to the inspector or undermining the future supply of\ninformation to the inspector.\n(3) The following matters must not be taken into account in deciding\nwhether there is a public interest against disclosure:\n(a) causing embarrassment to, or a loss of confidence in, the\nExecutive, a Minister or a director-general;\n(b) the possibility that the information may be misunderstood or\nmisinterpreted by a person.\n29 Draft report to relevant Minister and director-general\n(1) Before presenting a report prepared under section 27 to the\nLegislative Assembly, the inspector must give the relevant Minister\nand relevant director-general a reasonable opportunity to comment on\na draft report.\n(2) For subsection (1), a reasonable opportunity to comment is a period\nthat is either—\n(a) 6 weeks; or\n(b) another period as agreed between the inspector, relevant\nMinister and relevant director-general.\n(3) The relevant Minister and relevant director-general may provide\ncomments in relation to the draft report to the inspector within the\nperiod mentioned in subsection (2).\n\nPart 4 Reports by inspector\nSection 30\npage 22 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The inspector—\n(a) must consider any comments made under subsection (3); and\n(b) may include the comments provided by the relevant Minister\nand relevant director-general as an attachment to the report; and\n(c) may, if the inspector is satisfied that amendment is an\nappropriate response to the comments, amend the draft report.\n30 Presentation of report to Legislative Assembly\n(1) The inspector must give the Speaker a report prepared under\nsection 27—\n(a) for an examination and review of a correctional centre\nconducted under section 18 (1) (a) or of correctional services\nconducted under section 18 (1) (b)—within 6 months of\ncompleting the examination and review; and\n(b) for a review of a critical incident conducted under\nsection 18 (1) (c)—at a time the inspector considers appropriate\nhaving regard to the circumstances of the critical incident.\n(2) The relevant Minister may extend the period mentioned in\nsubsection (1) (a) by an additional period of not more than 12 months.\n(3) If the Legislative Assembly is sitting when the inspector gives a\nreport to the Speaker, the Speaker must present the report to the\nLegislative Assembly within 5 sitting days after receiving the report.\n(4) If the Legislative Assembly is not sitting when the inspector gives the\nreport to the Speaker—\n(a) the report is taken to have been presented to the Legislative\nAssembly on the day the inspector gives it to the Speaker\n(the report day); and\n(b) the Speaker must arrange for a copy of the report to be given to\neach member of the Legislative Assembly on the report day; and\n\nReports by inspector Part 4\nSection 30\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the Speaker must present the report to the Legislative\nAssembly—\n(i) on the next sitting day; or\n(ii) if the next sitting day is the first meeting of the Legislative\nAssembly after a general election of members of the\nAssembly—on the second sitting day after the election.\n(5) In this section:\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; and\n(b) if both the Speaker and Deputy Speaker are unavailable—\nthe clerk of the Legislative Assembly.\nunavailable—the Speaker or Deputy Speaker is unavailable if—\n(a) they are absent from duty; or\n(b) there is a vacancy in the office of Speaker or Deputy Speaker.\n\nPart 5 Cooperation and referral between inspector and other entities\nSection 31\npage 24 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Cooperation and referral between\ninspector and other entities\n31 Cooperation with other entities\n(1) The inspector must ensure that the inspector’s functions are exercised\nin a way that does not delay or unnecessarily duplicate the exercise\nof functions by the following entities:\n(a) a person exercising a function under—\n(i) the Auditor-General Act 1996; or\n(ii) the Human Rights Act 2004; or\n(iii) the Human Rights Commission Act 2005; or\n(iv) the Integrity Commission Act 2018; or\n(v) the Ombudsman Act 1989;\n(b) an official visitor under the Official Visitor Act 2012;\n(c) an adjudicator conducting a review of a segregation or\ndisciplinary decision under the Corrections Management\nAct 2007;\n(d) a person conducting a review of a segregation or disciplinary\ndecision under the Children and Young People Act 2008;\n(e) a police officer investigating a fraud or other criminal matter;\n(f) a coroner exercising a function under the Coroners Act 1997.\n(2) The inspector may enter into an arrangement with an entity\nmentioned in subsection (1) to assist in—\n(a) avoiding delay and unnecessary duplication of statutory\nfunctions; or\n(b) efficiently managing the interaction of the statutory functions of\nthe parties to the arrangement.\n\nCooperation and referral between inspector and other entities Part 5\nSection 32\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Inspector may refer matter to investigative entity\n(1) This section applies if the inspector reasonably believes that a matter\ncan be more appropriately dealt with by an investigative entity other\nthan the inspector.\n(2) The inspector may decide not to review or examine the matter and to\nrefer the matter together with any relevant documents or information\nin the inspector’s possession or control, to an investigative entity.\n(3) The inspector may enter into arrangements with an investigative\nentity about the referral of matters under this section.\n(4) Nothing in this section requires the investigative entity to deal with\nthe referred matter.\n(5) In this section:\ninvestigative entity means an entity with power to require the\nproduction of documents or the answering of questions including, for\nexample, the chief police officer, the human rights commission, the\nombudsman and the integrity commissioner.\nmatter includes part of a matter.\n33 Cooperation with inspector\n(1) This section applies if an oversight entity deals with a matter that\ninvolves a detainee, a correctional centre or a correctional service in\nthe exercise of a function under—\n(a) the Auditor-General Act 1996, section 10 (1) (a) and (d)\n(Functions) (which are about public administration and\nperformance audits); or\n(b) the Human Rights Commission Act 2005, section 48\n(Consideration without complaint or appropriate complainant);\nor\n(c) the Integrity Commission Act 2018, section 23 (1) (a) or (b)\n(Functions of commission); or\n\nPart 5 Cooperation and referral between inspector and other entities\nSection 33\npage 26 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the Ombudsman Act 1989, section 5 (1) (b) (Functions—\ninvestigating complaints under Act) (which is about own motion\ninvestigations).\n(2) The oversight entity must—\n(a) consult with the inspector about the matter; and\n(b) ensure that the entity’s functions are exercised in a way that does\nnot delay or unnecessarily duplicate the exercise of functions by\nthe inspector.\n(3) The oversight entity may enter into an arrangement with the inspector\nto assist in—\n(a) avoiding delay and unnecessary duplication of statutory\nfunctions; or\n(b) efficiently managing the interaction of the statutory functions of\nthe parties to the arrangement.\n(4) In this section:\nmatter includes a part of a matter.\noversight entity means any of the following:\n(a) the auditor-general;\n(b) the human rights commission;\n(c) the integrity commission;\n(d) an official visitor;\n(e) the ombudsman.\n\nCooperation and referral between inspector and other entities Part 5\nSection 34\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Oversight entities may refer matter to inspector\n(1) This section applies if an oversight entity reasonably believes that a\nmatter can be more appropriately dealt with by the inspector.\n(2) The oversight entity may decide not to deal with the matter and to\nrefer the matter together with any relevant documents or information\nin the entity’s possession or control, to the inspector.\n(3) The oversight entity may enter into arrangements with the inspector\nabout the referral of matters under this section.\n(4) Nothing in this section requires the inspector to deal with the referred\nmatter.\n(5) In this section:\nmatter—\n(a) means a complaint or other matter; and\n(b) includes a part of a complaint or other matter.\noversight entity—see section 33 (4).\n35 Information sharing\n(1) An information sharing entity may disclose to the inspector relevant\ninformation held by the entity to the extent that it is reasonably\nnecessary for this part.\n(2) The inspector may disclose to an information sharing entity relevant\ninformation held by the inspector to the extent that it is reasonably\nnecessary for this part.\n(3) The inspector and an information sharing entity may enter into an\ninformation sharing protocol for this section.\n(4) In this section:\ninformation sharing entity means an entity mentioned in\nsection 31 (1).\n\nPart 6 Miscellaneous\nSection 36\npage 28 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n36 Protection of inspector from liability\n(1) The inspector is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act or another territory\nlaw; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act or another territory law.\n(2) Any liability that would, apart from this section, attach to the\ninspector attaches instead to the Territory.\n(3) In this section:\nconduct means an act or an omission to do an act.\n37 Offence—use or divulge protected information\n(1) A person to whom this section applies commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A person to whom this section applies commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n\nMiscellaneous Part 6\nSection 37\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply if the information is used or\ndivulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law; or\n(c) in a court proceeding.\n(4) Subsections (1) and (2) do not apply to the using or divulging of\nprotected information about a person with the person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in ss (3) and (4) (see Criminal Code, s 58).\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law applying in the Territory.\n(6) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish.\n\nPart 6 Miscellaneous\nSection 38\npage 30 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nperson to whom this section applies means—\n(a) a person who is, or has been, an inspector; or\n(b) anyone else who exercises, or has exercised, a function under\nthis Act; or\n(c) a person who is, or has been, otherwise involved in the\nadministration of this Act; or\n(d) a person who has been given information under this Act by a\nperson mentioned in paragraph (a), (b) or (c).\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of—\n(a) the exercise of a function under this Act by the person or\nsomeone else; or\n(b) the involvement of the person, or someone else, in the\nadministration of this Act.\nuse information includes make a record of the information.\n38 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• bankrupt or personally insolvent\n• body\n• chief police officer\n• coroner\n• corrections officer\n• director-general (see s 163)\n• document\n• entity\n• Executive\n• function\n• human rights commissioner\n• integrity commission\n• integrity commissioner\n• Legislative Assembly\n• Minister (see s 162)\n• official visitor\n• ombudsman\n• person (see s 160)\n• police officer\n• public servant\n• sitting day\n• Speaker\n• territory law\n• the Territory\n• tribunal.\ncorrectional centre—see section 7.\ncorrectional service—see section 8.\n\nDictionary\npage 32 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncritical incident means any event in a correctional centre or in the\nprovision of correctional services that involves any of the following:\n(a) the death of a person;\n(b) a person’s life being endangered;\n(c) an escape from custody;\n(d) a person being taken hostage;\n(e) a riot that results in significant disruption to a centre or service;\n(f) a fire that results in significant property damage;\n(g) an assault or use of force that results in a person being admitted\nto a hospital;\n(h) any other incident identified as a critical incident by a relevant\nMinister or relevant director-general.\ndetainee—\n(a) for the Corrections Management Act 2007—see that Act,\ndictionary; or\n(b) for the Children and Young People Act 2008—means a young\ndetainee as defined in that Act, section 95.\ninspector means the custodial inspector appointed under section 9.\nrelevant director-general means, for a matter that relates to—\n(a) a correctional centre under the Corrections Management\nAct 2007 or a correctional service provided in relation to a\ncorrectional centre—the director-general responsible for\nadministering that Act; or\n(b) a detention place under the Children and Young People Act 2008\nor a correctional service provided in relation to a detention\nplace—the director-general responsible for administering that\nAct.\n\nDictionary\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrelevant Minister means, for a matter that relates to—\n(a) a correctional centre under the Corrections Management\nAct 2007 or a correctional service provided in relation to a\ncorrectional centre—the Minister responsible for administering\nthat Act; or\n(b) a detention place under the Children and Young People Act 2008\nor a correctional service provided in relation to a detention\nplace—the Minister responsible for administering that Act.\n\nEndnotes\n1 About the endnotes\npage 34 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Custodial Inspector Act 2017 was originally the Inspector of Correctional\nServices Act 2017. It was renamed by the Monitoring of Places of Detention\nLegislation Amendment Act 2024 A2024-41 (see s 6).\nCustodial Inspector Act 2017 A2017-47\nnotified LR 7 December 2017\ns 1, s 2 commenced 7 December 2017 (LA s 75 (1))\ns 40, sch 1 commenced 7 December 2019 (s 2 (3))\nremainder commenced 8 December 2017 (s 2 (1))\nas amended by\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.14 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.14 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nCrimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 5\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\npt 5 commenced 12 August 2021 (s 2 (1))\nMonitoring of Places of Detention Legislation Amendment Act 2024\nA2024-41 pt 2\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\npt 2 commenced 18 September 2024 (s 2 (1))\n\nEndnotes\n4 Amendment history\npage 36 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title sub A2024-41 s 5\nName of Act\ns 1 sub A2024-41 s 6\nCommencement\ns 2 om LA s 89 (4)\nWhat is a correctional centre?\ns 7 am A2017-47 amdts 1.17-1.19\nCustodial inspector\npt 2 hdg sub A2024-41 s 7\nAppointment of custodial inspector\ns 9 hdg sub A2024-41 s 8\ns 9 am A2024-41 s 9\nDelegation\ns 16 am A2024-41 s 10\nFunctions—generally\ns 17 am A2024-41 s 11\nFunctions—examination and review\ns 18 am A2017-47 amdt 1.20; A2021-18 s 14; A2024-41 s 12, s 13\nOffence—taking detrimental action\ns 26 am A2024-41 s 14\nReport about examination and review\ns 27 sub A2024-41 s 15\nDraft report to relevant Minister and director-general\ns 29 am A2024-41 s 16; ss renum R5 LA\nPresentation of report to Legislative Assembly\ns 30 sub A2024-41 s 17\nCooperation with other entities\ns 31 am A2018-52 amdt 1.85; A2017-47 amdt 1.21; pars renum R3\nLA\nInspector may refer matter to investigative entity\ns 32 am A2018-52 amdt 1.86\nCooperation with inspector\ns 33 am A2018-52 amdt 1.87, amdt 1.88; pars renum R2 LA\nReview of Act\ns 39 exp 8 December 2024 (s 39 (3))\n\nEndnotes\nAmendment history 4\nR6\n09/12/24\nCustodial Inspector Act 2017\nEffective: 09/12/24\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments\npt 7 hdg om LA s 89 (3)\nLegislation amended—sch 1\ns 40 om LA s 89 (3)\nLegislation amended—sch 2\ns 41 om LA s 89 (3)\nAmendments—extended application of Act\nsch 1 om LA s 89 (3)\nConsequential amendments\nsch 2 om LA s 89 (3)\nDictionary\ndict am A2018-52 amdt 1.89; A2024-41 s 18, s 19\ndef critical incident ins A2024-41 s 20\ndef detainee sub A2017-47 amdt 1.22\ndef inspector am A2024-41 s 21\n\nEndnotes\n5 Earlier republications\npage 38 Custodial Inspector Act 2017\nEffective: 09/12/24\nR6\n09/12/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n8 Dec 2017\n8 Dec 2017–\n30 Nov 2019\nnot amended new Act\nR2\n1 Dec 2019\n1 Dec 2019–\n6 Dec 2019\nA2019-18 amendments by\nA2018-52 as am by\nA2019-18\nR3\n7 Dec 2019\n7 Dec 2019–\n11 Aug 2021\nA2019-18 commenced\nprovisions and\namendments by\nA2017-47\nR4\n12 Aug 2021\n12 Aug 2021–\n17 Sept 2024\nA2021-18 amendments by\nA2021-18\nR5\n18 Sept 2024\n18 Sept 2024–\n8 Dec 2024\nA2024-41 renaming and other\namendments by\nA2024-41\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been amended since enactment (notably by A2024-41) to rename the office and expand scope: it now explicitly covers detention places under the Children and Young People Act and broadens the critical‑incident definition and review powers. Amendments also adjusted functions, delegation and reporting arrangements (see endnotes and amendments by A2024-41)."},"complexity_factors":["Wide operational powers: entry, private interviews (consent required for detainees), seizure/copying of documents and equipment (s19, s24).","Compulsory information and attendance powers with criminal penalties for non‑compliance (ss22–23), and limits on reliance on self‑incrimination (s25).","Interaction and overlap management with multiple oversight bodies and referral/ information‑sharing mechanisms (ss31–35).","Confidentiality balancing and public‑interest exclusions for reporting (ss28–30) that require judgement and administrative process.","Appointment, termination and delegation rules that vest executive discretion (ss9,12,16) and allow use of contractors/staff (ss13–15).","Statutory protections and liability allocation (inspector immunity; Territory assumes liability) affecting risk and cost allocation (s36).","Criminal and civil offence framework for obstruction, retaliation and misuse of protected information (ss21,26,37).","Regulation‑making power enabling further procedural detail to be set by Executive (s38)."],"plain_english_summary":"The Act establishes an independent custodial inspector to examine and review correctional centres and related services, enter centres, inspect records, require documents and compel attendance, and report to the Legislative Assembly. It affects detainees, corrections staff, Ministers, director‑generals and private contractors who deliver services.\n\nThe Executive appoints the inspector and the Minister may make inspection guidelines (s9, s20). The Territory bears civil liability for honest inspector conduct (s36(2)). Compliance burdens include statutory notices with penalties (ss22–23) and offences for obstruction, retaliation and misuse of protected information (ss21,26,37)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted as the 'Inspector of Correctional Services Act 2017', the legislation was significantly expanded and renamed to the 'Custodial Inspector Act 2017' by the Monitoring of Places of Detention Legislation Amendment Act 2024. The scope broadened from adult corrections to explicitly include youth detention places under the Children and Young People Act 2008, added detailed protections against detrimental action (whistleblower protections), expanded the definition of 'correctional centre' to include transport vehicles and police cells, and strengthened reporting and cooperation mechanisms with other oversight bodies."},"complexity_factors":["Moderate cross-referencing to other ACT legislation (Corrections Management Act 2007, Children and Young People Act 2008, Criminal Code, etc.)","Multiple defined terms in the Dictionary (approx. 10-15 key definitions) with signpost definitions pointing to other Acts","Conditional exceptions to offences (e.g., 'reasonable excuse' defences in sections 22, 23 with evidential burdens)","Nested definitions within definitions (e.g., 'detrimental action' in section 26 includes detailed sub-definitions for 'living conditions' and 'privileges' referencing other Acts)","Procedural requirements with time limits (e.g., 6 weeks for comments on draft reports, 6 months for final reports)","Interaction provisions requiring coordination with multiple other oversight bodies (Auditor-General, Ombudsman, Integrity Commission, etc.)"],"plain_english_summary":"The Act establishes an independent Custodial Inspector to monitor prisons and youth detention centres in the ACT, with powers to conduct regular and unannounced inspections, investigate deaths or serious incidents, obtain information, and compel witness cooperation (but not compel detainees). It protects whistleblowers and requires reporting to the Legislative Assembly. The regime affects prisoners, correctional staff and government agencies, aiming to prevent abuse, improve conditions and increase transparency."}},"importantCases":[],"_links":{"self":"/api/acts/custodial-inspector-act-2017","history":"/api/acts/custodial-inspector-act-2017/history","analysis":"/api/acts/custodial-inspector-act-2017/analysis","conflicts":"/api/acts/custodial-inspector-act-2017/conflicts","importantCases":"/api/acts/custodial-inspector-act-2017/important-cases","documents":"/api/acts/custodial-inspector-act-2017/documents"}}