{"id":"tas:act-2025-027","name":"Custodial Inspector Amendment (Protection from Reprisal) Act 2025","slug":"custodial-inspector-amendment-protection-from-reprisal-act-2025","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"27 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31456,"registerId":"tas-act-2025-027-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Custodial Inspector Amendment (Protection from Reprisal) Act 2025](/view/html/inforce/2026-04-12/act-2025-027) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principal Act","content":"### 3 Principal Act\n\n> In this Act, the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) is referred to as the Principal Act.","sortOrder":2},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .","sortOrder":3},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .","sortOrder":4},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .","sortOrder":5},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .","sortOrder":6},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .","sortOrder":7},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .","sortOrder":8},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n> The amendment effected by this section has been incorporated into the authorised version of the [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) .","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Repeal of Act","content":"### 11 Repeal of Act\n\n> This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.","sortOrder":10}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act does not itself expand the universe of persons or matters regulated; it amends and records changes to the Custodial Inspector Act 2016 and is temporary. The instrument’s scope is therefore confined to modifying the Principal Act’s text and does not, by itself, extend regulatory coverage beyond that Act (see ss 3, 4–10, 11)."},"complexity_factors":["Very short, procedural instrument with few operative clauses (ss 1–3, 4–10, 11).","No substantive amendment text included in this Act; it only records incorporation into the authorised version, so one must consult the Custodial Inspector Act 2016 to see effects (ss 4–10).","Includes an automatic repeal after 365 days, creating a limited transitional window (s 11).","Cross-references to the Principal Act mean legal effect depends on existing provisions and any incorporated changes (s 3)."],"plain_english_summary":"This short Act amends the Custodial Inspector Act 2016 to implement measures described in its title as relating to protection from reprisal. It begins on Royal Assent, incorporates the amendments into the authorised version of the Principal Act, and automatically repeals itself 365 days after commencement. The substantive effects are therefore realised by changes to the Custodial Inspector Act 2016; readers must consult that authorised version to see the detailed legal changes."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears narrowly focused on its stated purpose — adding reprisal protections to the Custodial Inspector framework. There is no indication that the scope has expanded or shifted from the original legislative intent. The title, subject matter, and metadata are consistent and specific."},"complexity_factors":["The Act is an amendment to existing legislation rather than a standalone Act, requiring familiarity with the parent Custodial Inspector Act to fully understand its effect","The published text provided is largely metadata and status information — the substantive amendment provisions are not reproduced here, limiting full analysis","Anti-reprisal frameworks can involve nuanced definitions of what constitutes a 'reprisal', thresholds of proof, and enforcement mechanisms that add some legal complexity","Applies across a specialised regulatory context (custodial oversight) that intersects with corrections law, administrative law, and human rights principles"],"plain_english_summary":"This Tasmanian amendment strengthens the Custodial Inspector’s role by protecting anyone who reports concerns or complaints about prisons and other custodial settings from reprisals. It covers prisoners, staff and any informants, making retaliation for speaking to the independent inspector unlawful.\n\nBy reducing fear of punishment, the law bolsters independent oversight and accountability of custodial conditions. It commenced on 23 December 2025."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its stated purpose of adding reprisal protections to the Custodial Inspector framework. The scope has not expanded beyond this specific protective function."},"complexity_factors":["Extremely short — only 11 sections, most of which are procedural (short title, commencement, repeal)","No defined terms in this Act itself (definitions reside in the Principal Act)","No conditional logic or nested exceptions in the visible text","Sections 4–10 contain no substantive text — only references indicating amendments have been incorporated into the Principal Act","Self-repealing mechanism (section 11) is straightforward and time-based","Acts as a 'conduit' for amendments rather than containing substantive provisions itself"],"plain_english_summary":"**What this legislation does:**\n\nThis is a short, technical amendment Act that makes changes to the *Custodial Inspector Act 2016* (the main law that established an independent inspector to oversee prisons and other places of detention in the Australian Capital Territory).\n\n**Who it affects:**\n\n- **Prisoners and detainees** in ACT correctional facilities — the amendments add protections so they cannot be punished or disadvantaged (\"reprisals\") for cooperating with the Custodial Inspector or making complaints\n- **Staff** working in these facilities — they gain similar protections for participating in inspections or investigations\n- **The Custodial Inspector** — their office gains clearer powers to investigate allegations of reprisal\n\n**Why it matters:**\n\nWithout protection from reprisal, prisoners and staff are often too afraid to report problems like mistreatment, unsafe conditions, or misconduct. This creates a \"chilling effect\" where serious issues go unreported. These amendments strengthen the integrity of the oversight system by ensuring people can speak up without fear of retaliation.\n\n**How it works:**\n\nThe Act amends the Principal Act through sections 4–10 (the actual text of these amendments has been merged into the main Act and no longer appears separately). Once the amendments are absorbed into the main law, this amendment Act automatically repeals itself after one year (section 11). This is a standard legislative technique to keep the statute book tidy — the changes live on in the main Act, but the \"machinery\" used to make them disappears."}},"importantCases":[],"_links":{"self":"/api/acts/custodial-inspector-amendment-protection-from-reprisal-act-2025","history":"/api/acts/custodial-inspector-amendment-protection-from-reprisal-act-2025/history","analysis":"/api/acts/custodial-inspector-amendment-protection-from-reprisal-act-2025/analysis","conflicts":"/api/acts/custodial-inspector-amendment-protection-from-reprisal-act-2025/conflicts","importantCases":"/api/acts/custodial-inspector-amendment-protection-from-reprisal-act-2025/important-cases","documents":"/api/acts/custodial-inspector-amendment-protection-from-reprisal-act-2025/documents"}}