{"id":"qld:act-2022-018","name":"Inspector of Detention Services Act 2022","slug":"inspector-of-detention-services-act-2022","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"18 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29560,"registerId":"qld-act-2022-018-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Inspector of Detention Services Act 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.\n(sec.2-ssec) This Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose","content":"### sec.3 Main purpose\n\nThe main purpose of this Act is to promote the improvement of detention services and places of detention with a focus on—\npromoting and upholding the humane treatment of detainees, including humane conditions of their detention; and\npreventing detainees from being subjected to harm, including torture and cruel, inhuman or degrading treatment.\nThe main purpose is to be achieved by providing a framework for—\nthe review of detention services and inspection of places of detention; and\nindependent and transparent reporting.\n(sec.3-ssec.1) The main purpose of this Act is to promote the improvement of detention services and places of detention with a focus on— promoting and upholding the humane treatment of detainees, including humane conditions of their detention; and preventing detainees from being subjected to harm, including torture and cruel, inhuman or degrading treatment.\n(sec.3-ssec.2) The main purpose is to be achieved by providing a framework for— the review of detention services and inspection of places of detention; and independent and transparent reporting.\n- (a) promoting and upholding the humane treatment of detainees, including humane conditions of their detention; and\n- (b) preventing detainees from being subjected to harm, including torture and cruel, inhuman or degrading treatment.\n- (a) the review of detention services and inspection of places of detention; and\n- (b) independent and transparent reporting.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of detention service","content":"### sec.5 Meaning of detention service\n\nEach of the following is a detention service —\nthe operation, management, direction, control or security of a place of detention;\nthe security, management, control, safety, care or wellbeing (including health care and education) of a detainee at a place of detention;\nthe transport of a detainee while in the custody of a relevant custodial entity—\nfrom any place of detention; or\nto a place of detention other than a watch-house; or\nto a watch-house from a court in which the detainee has appeared or another watch-house or place of detention.\nHowever, a detention service does not include the transport of a person by an authorised person under the Mental Health Act 2016 , section 359 between a place of detention and an authorised mental health service or public sector health service facility for the purposes of that Act.\nIn this section—\nauthorised mental health service see the Mental Health Act 2016 , schedule 3 .\npublic sector health service facility see the Mental Health Act 2016 , schedule 3 .\n(sec.5-ssec.1) Each of the following is a detention service — the operation, management, direction, control or security of a place of detention; the security, management, control, safety, care or wellbeing (including health care and education) of a detainee at a place of detention; the transport of a detainee while in the custody of a relevant custodial entity— from any place of detention; or to a place of detention other than a watch-house; or to a watch-house from a court in which the detainee has appeared or another watch-house or place of detention.\n(sec.5-ssec.2) However, a detention service does not include the transport of a person by an authorised person under the Mental Health Act 2016 , section 359 between a place of detention and an authorised mental health service or public sector health service facility for the purposes of that Act.\n(sec.5-ssec.3) In this section— authorised mental health service see the Mental Health Act 2016 , schedule 3 . public sector health service facility see the Mental Health Act 2016 , schedule 3 .\n- (a) the operation, management, direction, control or security of a place of detention;\n- (b) the security, management, control, safety, care or wellbeing (including health care and education) of a detainee at a place of detention;\n- (c) the transport of a detainee while in the custody of a relevant custodial entity— (i) from any place of detention; or (ii) to a place of detention other than a watch-house; or (iii) to a watch-house from a court in which the detainee has appeared or another watch-house or place of detention.\n- (i) from any place of detention; or\n- (ii) to a place of detention other than a watch-house; or\n- (iii) to a watch-house from a court in which the detainee has appeared or another watch-house or place of detention.\n- (i) from any place of detention; or\n- (ii) to a place of detention other than a watch-house; or\n- (iii) to a watch-house from a court in which the detainee has appeared or another watch-house or place of detention.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of place of detention","content":"### sec.6 Meaning of place of detention\n\nEach of the following is a place of detention —\na community corrections centre;\na prison;\na watch-house;\na work camp;\na youth detention centre.\n- (a) a community corrections centre;\n- (b) a prison;\n- (c) a watch-house;\n- (d) a work camp;\n- (e) a youth detention centre.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Inspector of detention services","content":"# Inspector of detention services","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Inspector of detention services","content":"### sec.7 Inspector of detention services\n\nThere is to be an inspector of detention services.\nThe inspector is an officer of the Parliament.\n(sec.7-ssec.1) There is to be an inspector of detention services.\n(sec.7-ssec.2) The inspector is an officer of the Parliament.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions","content":"### sec.8 Functions\n\nThe functions of the inspector are—\nto review or monitor a detention service at any time; and\nto inspect a place of detention at any time; and\nwithout limiting paragraph (b) —\nto inspect each youth detention centre at least once every year; and\nto inspect each prison that is a secure facility at least once every 5 years; and\nto inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and\nto prepare and publish standards in relation to carrying out inspections; and\nto report to the Legislative Assembly on—\neach review carried out by the inspector; and\neach inspection carried out by the inspector under paragraph (c) ; and\nother inspections carried out by the inspector, as the inspector considers appropriate; and\nto report to the Legislative Assembly on any matter relating to the functions of the inspector if, in the inspector’s opinion, it is in the interest of any person or in the public interest to do so; and\nto include in any report to the Legislative Assembly advice or recommendations the inspector considers appropriate about a detention service or place of detention; and\nany other functions conferred on the inspector under this Act or any other Act.\nIn carrying out a review or inspection mentioned in subsection (1) (a) , (b) or (c) , the inspector must have regard to the cultural background or vulnerability of detainees to whom the review or inspection is relevant.\nThe inspector may perform any function on the inspector’s own initiative.\nThe inspector may, but is not required to, perform a function mentioned in subsection (1) (a) , (b) , (d) , (e) (iii) , (f), (g) or (h) at the request of—\nthe Minister; or\na responsible Minister in relation to a relevant matter of interest for the Minister.\nIn this section—\nsecure facility see the Corrective Services Act 2006 , schedule 4 .\n(sec.8-ssec.1) The functions of the inspector are— to review or monitor a detention service at any time; and to inspect a place of detention at any time; and without limiting paragraph (b) — to inspect each youth detention centre at least once every year; and to inspect each prison that is a secure facility at least once every 5 years; and to inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and to prepare and publish standards in relation to carrying out inspections; and to report to the Legislative Assembly on— each review carried out by the inspector; and each inspection carried out by the inspector under paragraph (c) ; and other inspections carried out by the inspector, as the inspector considers appropriate; and to report to the Legislative Assembly on any matter relating to the functions of the inspector if, in the inspector’s opinion, it is in the interest of any person or in the public interest to do so; and to include in any report to the Legislative Assembly advice or recommendations the inspector considers appropriate about a detention service or place of detention; and any other functions conferred on the inspector under this Act or any other Act.\n(sec.8-ssec.2) In carrying out a review or inspection mentioned in subsection (1) (a) , (b) or (c) , the inspector must have regard to the cultural background or vulnerability of detainees to whom the review or inspection is relevant.\n(sec.8-ssec.3) The inspector may perform any function on the inspector’s own initiative.\n(sec.8-ssec.4) The inspector may, but is not required to, perform a function mentioned in subsection (1) (a) , (b) , (d) , (e) (iii) , (f), (g) or (h) at the request of— the Minister; or a responsible Minister in relation to a relevant matter of interest for the Minister.\n(sec.8-ssec.5) In this section— secure facility see the Corrective Services Act 2006 , schedule 4 .\n- (a) to review or monitor a detention service at any time; and\n- (b) to inspect a place of detention at any time; and\n- (c) without limiting paragraph (b) — (i) to inspect each youth detention centre at least once every year; and (ii) to inspect each prison that is a secure facility at least once every 5 years; and (iii) to inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and\n- (i) to inspect each youth detention centre at least once every year; and\n- (ii) to inspect each prison that is a secure facility at least once every 5 years; and\n- (iii) to inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and\n- (d) to prepare and publish standards in relation to carrying out inspections; and\n- (e) to report to the Legislative Assembly on— (i) each review carried out by the inspector; and (ii) each inspection carried out by the inspector under paragraph (c) ; and (iii) other inspections carried out by the inspector, as the inspector considers appropriate; and\n- (i) each review carried out by the inspector; and\n- (ii) each inspection carried out by the inspector under paragraph (c) ; and\n- (iii) other inspections carried out by the inspector, as the inspector considers appropriate; and\n- (f) to report to the Legislative Assembly on any matter relating to the functions of the inspector if, in the inspector’s opinion, it is in the interest of any person or in the public interest to do so; and\n- (g) to include in any report to the Legislative Assembly advice or recommendations the inspector considers appropriate about a detention service or place of detention; and\n- (h) any other functions conferred on the inspector under this Act or any other Act.\n- (i) to inspect each youth detention centre at least once every year; and\n- (ii) to inspect each prison that is a secure facility at least once every 5 years; and\n- (iii) to inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and\n- (i) each review carried out by the inspector; and\n- (ii) each inspection carried out by the inspector under paragraph (c) ; and\n- (iii) other inspections carried out by the inspector, as the inspector considers appropriate; and\n- (a) the Minister; or\n- (b) a responsible Minister in relation to a relevant matter of interest for the Minister.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Arranging for suitable person to help carry out review or inspection","content":"### sec.9 Arranging for suitable person to help carry out review or inspection\n\nThis section applies if—\nthe inspector is carrying out a review of a detention service or an inspection of a place of detention; and\nthe review or inspection is relevant to a detainee.\nThe inspector must, if appropriate and practicable, arrange for a person, whom the inspector considers is a suitable person, to help the inspector carry out the review or inspection.\nWithout limiting subsection (2) , in considering who is a suitable person for the subsection, the inspector may have regard to—\nthe cultural background or vulnerability of the detainee; or\nany views or wishes expressed by the detainee about who may be a suitable person to help the inspector carry out the review or inspection.\nFor a review relating to a detainee with a disability, it may be appropriate for the inspector to consult with a parent, legal guardian or close friend of the detainee or a representative from an advocacy services agency whom the inspector considers can help the detainee communicate the detainee’s views or wishes relevant to the review.\nFor an inspection involving interviewing a detainee who is unable to speak with reasonable fluency in English, it may be appropriate for the inspector to engage an interpreter who can communicate with the detainee to translate during the interview.\nSubsection (5) applies if the review or inspection relates to a detainee who identifies as an Aboriginal person or Torres Strait Islander.\nWithout limiting subsection (2) , the inspector must arrange for an appropriate representative for the detainee to help the inspector carry out the review or inspection.\nSubsection (7) applies if the review or inspection relates to the detention of a child.\nWithout limiting subsection (2) , the inspector must arrange for a person whom the inspector considers has appropriate expertise in the areas of child trauma and the prevention and identification of child sexual abuse to help the inspector carry out the review or inspection.\nIn this section—\nappropriate representative , for a detainee who identifies as an Aboriginal person or Torres Strait Islander, means a person who—\nidentifies as an Aboriginal person or Torres Strait Islander; and\nhas appropriate authority to speak about Aboriginal tradition or Island custom in relation to the detainee.\narrange , for a person to help carry out a review or inspection, includes—\nengage the person to help carry out the review or inspection; and\nconsult with the person about a matter relevant to the review or inspection.\ntrauma includes—\ntrauma related to—\nsexual abuse or suspected sexual abuse; or\nviolent crime; or\ndomestic violence; or\nneglect; and\nsuspected trauma.\n(sec.9-ssec.1) This section applies if— the inspector is carrying out a review of a detention service or an inspection of a place of detention; and the review or inspection is relevant to a detainee.\n(sec.9-ssec.2) The inspector must, if appropriate and practicable, arrange for a person, whom the inspector considers is a suitable person, to help the inspector carry out the review or inspection.\n(sec.9-ssec.3) Without limiting subsection (2) , in considering who is a suitable person for the subsection, the inspector may have regard to— the cultural background or vulnerability of the detainee; or any views or wishes expressed by the detainee about who may be a suitable person to help the inspector carry out the review or inspection. For a review relating to a detainee with a disability, it may be appropriate for the inspector to consult with a parent, legal guardian or close friend of the detainee or a representative from an advocacy services agency whom the inspector considers can help the detainee communicate the detainee’s views or wishes relevant to the review. For an inspection involving interviewing a detainee who is unable to speak with reasonable fluency in English, it may be appropriate for the inspector to engage an interpreter who can communicate with the detainee to translate during the interview.\n(sec.9-ssec.4) Subsection (5) applies if the review or inspection relates to a detainee who identifies as an Aboriginal person or Torres Strait Islander.\n(sec.9-ssec.5) Without limiting subsection (2) , the inspector must arrange for an appropriate representative for the detainee to help the inspector carry out the review or inspection.\n(sec.9-ssec.6) Subsection (7) applies if the review or inspection relates to the detention of a child.\n(sec.9-ssec.7) Without limiting subsection (2) , the inspector must arrange for a person whom the inspector considers has appropriate expertise in the areas of child trauma and the prevention and identification of child sexual abuse to help the inspector carry out the review or inspection.\n(sec.9-ssec.8) In this section— appropriate representative , for a detainee who identifies as an Aboriginal person or Torres Strait Islander, means a person who— identifies as an Aboriginal person or Torres Strait Islander; and has appropriate authority to speak about Aboriginal tradition or Island custom in relation to the detainee. arrange , for a person to help carry out a review or inspection, includes— engage the person to help carry out the review or inspection; and consult with the person about a matter relevant to the review or inspection. trauma includes— trauma related to— sexual abuse or suspected sexual abuse; or violent crime; or domestic violence; or neglect; and suspected trauma.\n- (a) the inspector is carrying out a review of a detention service or an inspection of a place of detention; and\n- (b) the review or inspection is relevant to a detainee.\n- (a) the cultural background or vulnerability of the detainee; or\n- (b) any views or wishes expressed by the detainee about who may be a suitable person to help the inspector carry out the review or inspection.\n- 1 For a review relating to a detainee with a disability, it may be appropriate for the inspector to consult with a parent, legal guardian or close friend of the detainee or a representative from an advocacy services agency whom the inspector considers can help the detainee communicate the detainee’s views or wishes relevant to the review.\n- 2 For an inspection involving interviewing a detainee who is unable to speak with reasonable fluency in English, it may be appropriate for the inspector to engage an interpreter who can communicate with the detainee to translate during the interview.\n- (a) identifies as an Aboriginal person or Torres Strait Islander; and\n- (b) has appropriate authority to speak about Aboriginal tradition or Island custom in relation to the detainee.\n- (a) engage the person to help carry out the review or inspection; and\n- (b) consult with the person about a matter relevant to the review or inspection.\n- (a) trauma related to— (i) sexual abuse or suspected sexual abuse; or (ii) violent crime; or (iii) domestic violence; or (iv) neglect; and\n- (i) sexual abuse or suspected sexual abuse; or\n- (ii) violent crime; or\n- (iii) domestic violence; or\n- (iv) neglect; and\n- (b) suspected trauma.\n- (i) sexual abuse or suspected sexual abuse; or\n- (ii) violent crime; or\n- (iii) domestic violence; or\n- (iv) neglect; and","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Inspector not subject to direction","content":"### sec.10 Inspector not subject to direction\n\nSubject to any other Act or law, the inspector is not subject to direction by any person about the way the inspector performs the inspector’s functions under this Act.","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"General and other powers","content":"### sec.11 General and other powers\n\nThe inspector has the power to do all things that are necessary or convenient to be done for or in connection with the performance of the inspector’s functions under this Act.\nWithout limiting subsection (1) , the inspector has the other powers given to the inspector under this Act or another Act.\n(sec.11-ssec.1) The inspector has the power to do all things that are necessary or convenient to be done for or in connection with the performance of the inspector’s functions under this Act.\n(sec.11-ssec.2) Without limiting subsection (1) , the inspector has the other powers given to the inspector under this Act or another Act.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Requiring information or attendance of person for review or inspection","content":"### sec.12 Requiring information or attendance of person for review or inspection\n\nThis section applies if the inspector—\nis carrying out a review of a detention service or has carried out, or proposes to carry out, an inspection of a place of detention; and\nbelieves a person can give information relevant to the review or inspection.\nThe inspector may, by notice given to the person, require the person to do either or both of the following—\ngive the inspector the information within a stated reasonable time and in a stated reasonable way;\nif the person is employed or engaged to provide a detention service for a place of detention—\nattend before the inspector at a stated reasonable place and time; and\nanswer questions relevant to the review or inspection the inspector reasonably requires to be answered.\nA person of whom a requirement is made under subsection (2) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 49 .\n(sec.12-ssec.1) This section applies if the inspector— is carrying out a review of a detention service or has carried out, or proposes to carry out, an inspection of a place of detention; and believes a person can give information relevant to the review or inspection.\n(sec.12-ssec.2) The inspector may, by notice given to the person, require the person to do either or both of the following— give the inspector the information within a stated reasonable time and in a stated reasonable way; if the person is employed or engaged to provide a detention service for a place of detention— attend before the inspector at a stated reasonable place and time; and answer questions relevant to the review or inspection the inspector reasonably requires to be answered.\n(sec.12-ssec.3) A person of whom a requirement is made under subsection (2) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.12-ssec.4) It is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 49 .\n- (a) is carrying out a review of a detention service or has carried out, or proposes to carry out, an inspection of a place of detention; and\n- (b) believes a person can give information relevant to the review or inspection.\n- (a) give the inspector the information within a stated reasonable time and in a stated reasonable way;\n- (b) if the person is employed or engaged to provide a detention service for a place of detention— (i) attend before the inspector at a stated reasonable place and time; and (ii) answer questions relevant to the review or inspection the inspector reasonably requires to be answered.\n- (i) attend before the inspector at a stated reasonable place and time; and\n- (ii) answer questions relevant to the review or inspection the inspector reasonably requires to be answered.\n- (i) attend before the inspector at a stated reasonable place and time; and\n- (ii) answer questions relevant to the review or inspection the inspector reasonably requires to be answered.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Requesting particular information from particular persons","content":"### sec.13 Requesting particular information from particular persons\n\nThis section applies if the inspector—\nis carrying out a review of a detention service provided for a place of detention; or\nhas carried out, or proposes to carry out, an inspection of a place of detention.\nThe inspector may ask the responsible officer for the place of detention to give the inspector relevant information about the detention service or place of detention.\nThe inspector may ask the health service chief executive of a Hospital and Health Service or the chief executive of the health department to give the inspector relevant information relating to a health service provided by or for the Service or department to a detainee at the place of detention.\nThe inspector may ask a person who has provided a service relating to the education of a detainee while the detainee was detained at the place of detention to give the inspector relevant information relating to the service.\nSubsection (4) applies whether the service was provided at, or away from, the place of detention.\nA person of whom a request is made under subsection (2) , (3) or (4) must comply with the request unless the person has a reasonable excuse.\nThis section does not limit section 12 .\nIn this section—\ndetainee includes a former detainee.\nrelevant , in relation to information, means information the inspector believes is relevant to the review or inspection.\n(sec.13-ssec.1) This section applies if the inspector— is carrying out a review of a detention service provided for a place of detention; or has carried out, or proposes to carry out, an inspection of a place of detention.\n(sec.13-ssec.2) The inspector may ask the responsible officer for the place of detention to give the inspector relevant information about the detention service or place of detention.\n(sec.13-ssec.3) The inspector may ask the health service chief executive of a Hospital and Health Service or the chief executive of the health department to give the inspector relevant information relating to a health service provided by or for the Service or department to a detainee at the place of detention.\n(sec.13-ssec.4) The inspector may ask a person who has provided a service relating to the education of a detainee while the detainee was detained at the place of detention to give the inspector relevant information relating to the service.\n(sec.13-ssec.5) Subsection (4) applies whether the service was provided at, or away from, the place of detention.\n(sec.13-ssec.6) A person of whom a request is made under subsection (2) , (3) or (4) must comply with the request unless the person has a reasonable excuse.\n(sec.13-ssec.7) This section does not limit section 12 .\n(sec.13-ssec.8) In this section— detainee includes a former detainee. relevant , in relation to information, means information the inspector believes is relevant to the review or inspection.\n- (a) is carrying out a review of a detention service provided for a place of detention; or\n- (b) has carried out, or proposes to carry out, an inspection of a place of detention.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Entering and accessing place of detention","content":"### sec.14 Entering and accessing place of detention\n\nThe inspector may, at any time, enter a place of detention to—\ncarry out a review of a detention service provided for the place of detention; or\ncarry out an inspection of the place of detention.\nThe inspector need not notify the person in charge of the place of detention or any other person of the proposed entry.\nThe inspector may require the person in charge of the place of detention or a person involved in providing a detention service for the place of detention to ensure—\nthe inspector is given access to—\nall parts of the place of detention; and\nany vehicle, equipment or other thing used at the place of detention or for providing a detention service; and\nthe inspector is able to talk to any detainee at the place of detention at any time.\nA person of whom a requirement is made under subsection (3) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.14-ssec.1) The inspector may, at any time, enter a place of detention to— carry out a review of a detention service provided for the place of detention; or carry out an inspection of the place of detention.\n(sec.14-ssec.2) The inspector need not notify the person in charge of the place of detention or any other person of the proposed entry.\n(sec.14-ssec.3) The inspector may require the person in charge of the place of detention or a person involved in providing a detention service for the place of detention to ensure— the inspector is given access to— all parts of the place of detention; and any vehicle, equipment or other thing used at the place of detention or for providing a detention service; and the inspector is able to talk to any detainee at the place of detention at any time.\n(sec.14-ssec.4) A person of whom a requirement is made under subsection (3) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) carry out a review of a detention service provided for the place of detention; or\n- (b) carry out an inspection of the place of detention.\n- (a) the inspector is given access to— (i) all parts of the place of detention; and (ii) any vehicle, equipment or other thing used at the place of detention or for providing a detention service; and\n- (i) all parts of the place of detention; and\n- (ii) any vehicle, equipment or other thing used at the place of detention or for providing a detention service; and\n- (b) the inspector is able to talk to any detainee at the place of detention at any time.\n- (i) all parts of the place of detention; and\n- (ii) any vehicle, equipment or other thing used at the place of detention or for providing a detention service; and","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Carrying out review or inspection","content":"### sec.15 Carrying out review or inspection\n\nFor carrying out a review of a detention service provided for a place of detention or an inspection of a place of detention, the inspector may—\ninspect or film—\nany part of the place of detention; or\nany vehicle, equipment or other thing used for providing the detention service; and\nspeak to, or privately interview—\na detainee; or\na person involved in providing a detention service for the place of detention; or\na health worker providing a health service to a detainee\na contractor providing an educational service to a detainee\nfor a place of detention that is a community corrections centre, prison or work camp—an official visitor who is assigned to visit the place of detention under the Corrective Services Act 2006 , section 286 ; or\nanother person at the place of detention; and\ninspect any document relating to—\na detainee at the place of detention; or\na person who was a detainee at the place of detention; or\nthe provision of a detention service for the place of detention; and\ninspect any document or other thing required to be kept by the responsible officer for the place of detention; and\ntake an extract from, or copy, a document that may be inspected under paragraph (c) or (d) and remove and keep the extract or copy; and\nproduce an image or writing from an electronic document that may be inspected under paragraph (c) or (d) ; and\ntake to, into or onto the place of detention a person mentioned in section 9 or 38 to help the inspector carry out the review or inspection and enable the person to give the help as arranged with the inspector; and\ntake to, into or onto the place of detention and use any person, equipment or other thing the inspector reasonably requires for exercising the inspector’s powers under this section; and\na camera\na recording device\na document scanner\nan electronic device including software for helping a detainee communicate with the inspector\nremain at the place of detention for the time necessary to carry out the review or inspection.\nSubsection (1) (b) (ii) or (iii) does not prevent the inspector from speaking to a person mentioned in the subparagraph at a place other than the place of detention.\nIn this section—\nfilm includes photograph, videotape and record an image in another way.\nprivately interview , a person, means to speak to the person in the absence of, and out of the hearing of, anyone else other than someone who is present with the person’s consent.\n(sec.15-ssec.1) For carrying out a review of a detention service provided for a place of detention or an inspection of a place of detention, the inspector may— inspect or film— any part of the place of detention; or any vehicle, equipment or other thing used for providing the detention service; and speak to, or privately interview— a detainee; or a person involved in providing a detention service for the place of detention; or a health worker providing a health service to a detainee a contractor providing an educational service to a detainee for a place of detention that is a community corrections centre, prison or work camp—an official visitor who is assigned to visit the place of detention under the Corrective Services Act 2006 , section 286 ; or another person at the place of detention; and inspect any document relating to— a detainee at the place of detention; or a person who was a detainee at the place of detention; or the provision of a detention service for the place of detention; and inspect any document or other thing required to be kept by the responsible officer for the place of detention; and take an extract from, or copy, a document that may be inspected under paragraph (c) or (d) and remove and keep the extract or copy; and produce an image or writing from an electronic document that may be inspected under paragraph (c) or (d) ; and take to, into or onto the place of detention a person mentioned in section 9 or 38 to help the inspector carry out the review or inspection and enable the person to give the help as arranged with the inspector; and take to, into or onto the place of detention and use any person, equipment or other thing the inspector reasonably requires for exercising the inspector’s powers under this section; and a camera a recording device a document scanner an electronic device including software for helping a detainee communicate with the inspector remain at the place of detention for the time necessary to carry out the review or inspection.\n(sec.15-ssec.2) Subsection (1) (b) (ii) or (iii) does not prevent the inspector from speaking to a person mentioned in the subparagraph at a place other than the place of detention.\n(sec.15-ssec.3) In this section— film includes photograph, videotape and record an image in another way. privately interview , a person, means to speak to the person in the absence of, and out of the hearing of, anyone else other than someone who is present with the person’s consent.\n- (a) inspect or film— (i) any part of the place of detention; or (ii) any vehicle, equipment or other thing used for providing the detention service; and\n- (i) any part of the place of detention; or\n- (ii) any vehicle, equipment or other thing used for providing the detention service; and\n- (b) speak to, or privately interview— (i) a detainee; or (ii) a person involved in providing a detention service for the place of detention; or Examples of types of persons for subparagraph (ii) — • a health worker providing a health service to a detainee • a contractor providing an educational service to a detainee (iii) for a place of detention that is a community corrections centre, prison or work camp—an official visitor who is assigned to visit the place of detention under the Corrective Services Act 2006 , section 286 ; or (iv) another person at the place of detention; and\n- (i) a detainee; or\n- (ii) a person involved in providing a detention service for the place of detention; or Examples of types of persons for subparagraph (ii) — • a health worker providing a health service to a detainee • a contractor providing an educational service to a detainee\n- • a health worker providing a health service to a detainee\n- • a contractor providing an educational service to a detainee\n- (iii) for a place of detention that is a community corrections centre, prison or work camp—an official visitor who is assigned to visit the place of detention under the Corrective Services Act 2006 , section 286 ; or\n- (iv) another person at the place of detention; and\n- (c) inspect any document relating to— (i) a detainee at the place of detention; or (ii) a person who was a detainee at the place of detention; or (iii) the provision of a detention service for the place of detention; and\n- (i) a detainee at the place of detention; or\n- (ii) a person who was a detainee at the place of detention; or\n- (iii) the provision of a detention service for the place of detention; and\n- (d) inspect any document or other thing required to be kept by the responsible officer for the place of detention; and\n- (e) take an extract from, or copy, a document that may be inspected under paragraph (c) or (d) and remove and keep the extract or copy; and\n- (f) produce an image or writing from an electronic document that may be inspected under paragraph (c) or (d) ; and\n- (g) take to, into or onto the place of detention a person mentioned in section 9 or 38 to help the inspector carry out the review or inspection and enable the person to give the help as arranged with the inspector; and\n- (h) take to, into or onto the place of detention and use any person, equipment or other thing the inspector reasonably requires for exercising the inspector’s powers under this section; and Examples of types of equipment for paragraph (h) — • a camera • a recording device • a document scanner • an electronic device including software for helping a detainee communicate with the inspector\n- • a camera\n- • a recording device\n- • a document scanner\n- • an electronic device including software for helping a detainee communicate with the inspector\n- (i) remain at the place of detention for the time necessary to carry out the review or inspection.\n- (i) any part of the place of detention; or\n- (ii) any vehicle, equipment or other thing used for providing the detention service; and\n- (i) a detainee; or\n- (ii) a person involved in providing a detention service for the place of detention; or Examples of types of persons for subparagraph (ii) — • a health worker providing a health service to a detainee • a contractor providing an educational service to a detainee\n- • a health worker providing a health service to a detainee\n- • a contractor providing an educational service to a detainee\n- (iii) for a place of detention that is a community corrections centre, prison or work camp—an official visitor who is assigned to visit the place of detention under the Corrective Services Act 2006 , section 286 ; or\n- (iv) another person at the place of detention; and\n- • a health worker providing a health service to a detainee\n- • a contractor providing an educational service to a detainee\n- (i) a detainee at the place of detention; or\n- (ii) a person who was a detainee at the place of detention; or\n- (iii) the provision of a detention service for the place of detention; and\n- • a camera\n- • a recording device\n- • a document scanner\n- • an electronic device including software for helping a detainee communicate with the inspector","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Power to require reasonable help for review or inspection","content":"### sec.16 Power to require reasonable help for review or inspection\n\nThis section applies if the inspector is carrying out a review of a detention service provided for a place of detention or an inspection of a place of detention.\nThe inspector may require a person involved in providing a detention service for the place of detention to give the inspector reasonable help to exercise a power for carrying out the review or inspection, including, for example, to give information.\nA person of whom a requirement is made under subsection (2) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nFor a requirement to give information, it is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 49 .\n(sec.16-ssec.1) This section applies if the inspector is carrying out a review of a detention service provided for a place of detention or an inspection of a place of detention.\n(sec.16-ssec.2) The inspector may require a person involved in providing a detention service for the place of detention to give the inspector reasonable help to exercise a power for carrying out the review or inspection, including, for example, to give information.\n(sec.16-ssec.3) A person of whom a requirement is made under subsection (2) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.16-ssec.4) For a requirement to give information, it is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 49 .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Referral of particular matters to responsible Minister","content":"### sec.17 Referral of particular matters to responsible Minister\n\nThis section applies if the inspector suspects on reasonable grounds—\nthere is, or has been, a serious risk to the security, management, control, safety, care or wellbeing of a detainee at a place of detention (a relevant matter ); or\na detainee is being, or has been, subjected to torture or cruel, inhuman or degrading treatment at a place of detention (also a relevant matter ).\nThe inspector must give the responsible officer for the place of detention a notice stating—\nthat the inspector proposes to refer the relevant matter to a stated responsible Minister (the relevant responsible Minister ); and\ndetails of the facts and circumstances of the relevant matter; and\nthat the responsible officer must, within a stated period of at least 3 days (the show cause period ), show why the inspector should not refer the relevant matter to the relevant responsible Minister.\nThe responsible officer for the place of detention must, within the show cause period, make oral or written submissions or provide evidence about the relevant matter.\nThe inspector must consider any submissions made or evidence provided under subsection (3) .\nAfter the show cause period has finished, the inspector may—\ndecide to take no further action about the proposed referral; or\nif the inspector still has a reasonable suspicion about the relevant matter—refer the relevant matter to the relevant responsible Minister.\nThe inspector must give the responsible officer for the place of detention notice of the decision under subsection (5) .\nIf the inspector refers the relevant matter to the relevant responsible Minister under subsection (5) (b) , the inspector must give advice or make recommendations to the relevant responsible Minister, as the inspector considers appropriate, about the relevant matter.\nIn this section—\ndetainee includes a former detainee.\n(sec.17-ssec.1) This section applies if the inspector suspects on reasonable grounds— there is, or has been, a serious risk to the security, management, control, safety, care or wellbeing of a detainee at a place of detention (a relevant matter ); or a detainee is being, or has been, subjected to torture or cruel, inhuman or degrading treatment at a place of detention (also a relevant matter ).\n(sec.17-ssec.2) The inspector must give the responsible officer for the place of detention a notice stating— that the inspector proposes to refer the relevant matter to a stated responsible Minister (the relevant responsible Minister ); and details of the facts and circumstances of the relevant matter; and that the responsible officer must, within a stated period of at least 3 days (the show cause period ), show why the inspector should not refer the relevant matter to the relevant responsible Minister.\n(sec.17-ssec.3) The responsible officer for the place of detention must, within the show cause period, make oral or written submissions or provide evidence about the relevant matter.\n(sec.17-ssec.4) The inspector must consider any submissions made or evidence provided under subsection (3) .\n(sec.17-ssec.5) After the show cause period has finished, the inspector may— decide to take no further action about the proposed referral; or if the inspector still has a reasonable suspicion about the relevant matter—refer the relevant matter to the relevant responsible Minister.\n(sec.17-ssec.6) The inspector must give the responsible officer for the place of detention notice of the decision under subsection (5) .\n(sec.17-ssec.7) If the inspector refers the relevant matter to the relevant responsible Minister under subsection (5) (b) , the inspector must give advice or make recommendations to the relevant responsible Minister, as the inspector considers appropriate, about the relevant matter.\n(sec.17-ssec.8) In this section— detainee includes a former detainee.\n- (a) there is, or has been, a serious risk to the security, management, control, safety, care or wellbeing of a detainee at a place of detention (a relevant matter ); or\n- (b) a detainee is being, or has been, subjected to torture or cruel, inhuman or degrading treatment at a place of detention (also a relevant matter ).\n- (a) that the inspector proposes to refer the relevant matter to a stated responsible Minister (the relevant responsible Minister ); and\n- (b) details of the facts and circumstances of the relevant matter; and\n- (c) that the responsible officer must, within a stated period of at least 3 days (the show cause period ), show why the inspector should not refer the relevant matter to the relevant responsible Minister.\n- (a) decide to take no further action about the proposed referral; or\n- (b) if the inspector still has a reasonable suspicion about the relevant matter—refer the relevant matter to the relevant responsible Minister.","sortOrder":21},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Relationship with other entities","content":"## Relationship with other entities","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Relationship with service providers","content":"### sec.18 Relationship with service providers\n\nThe inspector may enter into an arrangement with a service provider about the performance of a function of the inspector in relation to a detention service or another service provided by or for the service provider.\nIn this section—\nservice provider means—\nthe chief executive (corrective services); or\nthe commissioner of the police service; or\nthe chief executive of the department in which the Youth Justice Act 1992 is administered; or\nthe person in charge of another entity responsible for providing a service to a detainee.\nthe health service chief executive of a Hospital and Health Service\nthe chief executive of the health department\nthe chief executive of the department in which the Education (General Provisions) Act 2006 is administered\n(sec.18-ssec.1) The inspector may enter into an arrangement with a service provider about the performance of a function of the inspector in relation to a detention service or another service provided by or for the service provider.\n(sec.18-ssec.2) In this section— service provider means— the chief executive (corrective services); or the commissioner of the police service; or the chief executive of the department in which the Youth Justice Act 1992 is administered; or the person in charge of another entity responsible for providing a service to a detainee. the health service chief executive of a Hospital and Health Service the chief executive of the health department the chief executive of the department in which the Education (General Provisions) Act 2006 is administered\n- (a) the chief executive (corrective services); or\n- (b) the commissioner of the police service; or\n- (c) the chief executive of the department in which the Youth Justice Act 1992 is administered; or\n- (d) the person in charge of another entity responsible for providing a service to a detainee. Examples of a person for paragraph (d) — • the health service chief executive of a Hospital and Health Service • the chief executive of the health department • the chief executive of the department in which the Education (General Provisions) Act 2006 is administered\n- • the health service chief executive of a Hospital and Health Service\n- • the chief executive of the health department\n- • the chief executive of the department in which the Education (General Provisions) Act 2006 is administered\n- • the health service chief executive of a Hospital and Health Service\n- • the chief executive of the health department\n- • the chief executive of the department in which the Education (General Provisions) Act 2006 is administered","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Relationship to functions under other particular laws","content":"### sec.19 Relationship to functions under other particular laws\n\nThe inspector must ensure the inspector’s functions are performed in a way that does not delay, interfere with or duplicate—\nan inspector under the Corrective Services Act 2006 performing a function under section 294 (2) of that Act; or\na police officer investigating a criminal offence; or\na person performing a function under any of the following Acts—\nthe Auditor-General Act 2009 ;\nthe Coroners Act 2003 ;\nthe Crime and Corruption Act 2001 ;\nthe Family and Child Commission Act 2014 ;\nthe Guardianship and Administration Act 2000 ;\nthe Health Ombudsman Act 2013 ;\nthe Hospital and Health Boards Act 2011 ;\nthe Human Rights Act 2019 ;\nthe Mental Health Act 2016 ;\nthe Ombudsman Act 2001 ;\nthe Public Guardian Act 2014 .\nThe inspector may enter into an arrangement with a person mentioned in subsection (1) (a) , (b) or (c) to help avoid delay and unnecessary duplication of statutory functions of the parties to the arrangement.\n(sec.19-ssec.1) The inspector must ensure the inspector’s functions are performed in a way that does not delay, interfere with or duplicate— an inspector under the Corrective Services Act 2006 performing a function under section 294 (2) of that Act; or a police officer investigating a criminal offence; or a person performing a function under any of the following Acts— the Auditor-General Act 2009 ; the Coroners Act 2003 ; the Crime and Corruption Act 2001 ; the Family and Child Commission Act 2014 ; the Guardianship and Administration Act 2000 ; the Health Ombudsman Act 2013 ; the Hospital and Health Boards Act 2011 ; the Human Rights Act 2019 ; the Mental Health Act 2016 ; the Ombudsman Act 2001 ; the Public Guardian Act 2014 .\n(sec.19-ssec.2) The inspector may enter into an arrangement with a person mentioned in subsection (1) (a) , (b) or (c) to help avoid delay and unnecessary duplication of statutory functions of the parties to the arrangement.\n- (a) an inspector under the Corrective Services Act 2006 performing a function under section 294 (2) of that Act; or\n- (b) a police officer investigating a criminal offence; or\n- (c) a person performing a function under any of the following Acts— (i) the Auditor-General Act 2009 ; (ii) the Coroners Act 2003 ; (iii) the Crime and Corruption Act 2001 ; (iv) the Family and Child Commission Act 2014 ; (v) the Guardianship and Administration Act 2000 ; (vi) the Health Ombudsman Act 2013 ; (vii) the Hospital and Health Boards Act 2011 ; (viii) the Human Rights Act 2019 ; (ix) the Mental Health Act 2016 ; (x) the Ombudsman Act 2001 ; (xi) the Public Guardian Act 2014 .\n- (i) the Auditor-General Act 2009 ;\n- (ii) the Coroners Act 2003 ;\n- (iii) the Crime and Corruption Act 2001 ;\n- (iv) the Family and Child Commission Act 2014 ;\n- (v) the Guardianship and Administration Act 2000 ;\n- (vi) the Health Ombudsman Act 2013 ;\n- (vii) the Hospital and Health Boards Act 2011 ;\n- (viii) the Human Rights Act 2019 ;\n- (ix) the Mental Health Act 2016 ;\n- (x) the Ombudsman Act 2001 ;\n- (xi) the Public Guardian Act 2014 .\n- (i) the Auditor-General Act 2009 ;\n- (ii) the Coroners Act 2003 ;\n- (iii) the Crime and Corruption Act 2001 ;\n- (iv) the Family and Child Commission Act 2014 ;\n- (v) the Guardianship and Administration Act 2000 ;\n- (vi) the Health Ombudsman Act 2013 ;\n- (vii) the Hospital and Health Boards Act 2011 ;\n- (viii) the Human Rights Act 2019 ;\n- (ix) the Mental Health Act 2016 ;\n- (x) the Ombudsman Act 2001 ;\n- (xi) the Public Guardian Act 2014 .","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Referral of matter to referral entity","content":"### sec.20 Referral of matter to referral entity\n\nThe inspector may enter into an arrangement with a referral entity relating to—\nmatters the subject of an action under the entity’s authorising Act about which the entity will notify the inspector; and\nmatters about which the inspector will notify the entity that could be made the subject of an action under the entity’s authorising Act; and\nthe handling of a review, inspection or other matter by the inspector that could be dealt with by the entity under the entity’s authorising Act.\nSubject to subsection (5) , the inspector and the referral entity may perform their functions in accordance with an arrangement entered into under subsection (1) .\nSubsection (4) applies if the inspector considers a matter can be more appropriately dealt with by a referral entity other than the inspector.\nThe inspector may decide not to perform a function in relation to the matter and refer the matter to the referral entity.\nIf the inspector considers the matter may be dealt with by the referral entity as a complaint under the referral entity’s authorising Act, the inspector may refer the matter under subsection (4) only with the consent of the person who would be the complainant if the referral entity dealt with the matter.\nNothing in this section requires a referral entity to deal with a matter referred under subsection (4) .\nIn this section—\naction includes a complaint, inquiry and investigation.\nauthorising Act , of a referral entity, means the Act in relation to which the referral entity is mentioned in the definition referral entity , paragraphs (a) to (d) .\nreferral entity means—\nthe health ombudsman under the Health Ombudsman Act 2013 ; or\nthe human rights commissioner acting under the Human Rights Act 2019 ; or\nthe ombudsman under the Ombudsman Act 2001 ; or\nthe public guardian under the Public Guardian Act 2014 .\n(sec.20-ssec.1) The inspector may enter into an arrangement with a referral entity relating to— matters the subject of an action under the entity’s authorising Act about which the entity will notify the inspector; and matters about which the inspector will notify the entity that could be made the subject of an action under the entity’s authorising Act; and the handling of a review, inspection or other matter by the inspector that could be dealt with by the entity under the entity’s authorising Act.\n(sec.20-ssec.2) Subject to subsection (5) , the inspector and the referral entity may perform their functions in accordance with an arrangement entered into under subsection (1) .\n(sec.20-ssec.3) Subsection (4) applies if the inspector considers a matter can be more appropriately dealt with by a referral entity other than the inspector.\n(sec.20-ssec.4) The inspector may decide not to perform a function in relation to the matter and refer the matter to the referral entity.\n(sec.20-ssec.5) If the inspector considers the matter may be dealt with by the referral entity as a complaint under the referral entity’s authorising Act, the inspector may refer the matter under subsection (4) only with the consent of the person who would be the complainant if the referral entity dealt with the matter.\n(sec.20-ssec.6) Nothing in this section requires a referral entity to deal with a matter referred under subsection (4) .\n(sec.20-ssec.7) In this section— action includes a complaint, inquiry and investigation. authorising Act , of a referral entity, means the Act in relation to which the referral entity is mentioned in the definition referral entity , paragraphs (a) to (d) . referral entity means— the health ombudsman under the Health Ombudsman Act 2013 ; or the human rights commissioner acting under the Human Rights Act 2019 ; or the ombudsman under the Ombudsman Act 2001 ; or the public guardian under the Public Guardian Act 2014 .\n- (a) matters the subject of an action under the entity’s authorising Act about which the entity will notify the inspector; and\n- (b) matters about which the inspector will notify the entity that could be made the subject of an action under the entity’s authorising Act; and\n- (c) the handling of a review, inspection or other matter by the inspector that could be dealt with by the entity under the entity’s authorising Act.\n- (a) the health ombudsman under the Health Ombudsman Act 2013 ; or\n- (b) the human rights commissioner acting under the Human Rights Act 2019 ; or\n- (c) the ombudsman under the Ombudsman Act 2001 ; or\n- (d) the public guardian under the Public Guardian Act 2014 .","sortOrder":25},{"sectionNumber":"pt.3","sectionType":"part","heading":"Reporting","content":"# Reporting","sortOrder":26},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Annual reporting","content":"## Annual reporting","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Reporting annually on operations","content":"### sec.21 Reporting annually on operations\n\nAs soon as practicable after the end of each financial year, but no later than 31 October, the inspector must give the Speaker and the Minister a report about the inspector’s operations during the preceding financial year (the reporting period ).\nThe report must include—\na description of the functions performed by the inspector during the reporting period; and\nany recommendations for changes in the law of the State the inspector considers should be made, or for administrative action the inspector considers should be taken, as a result of the performance of the inspector’s functions; and\nfor each recommendation made by the inspector whether during the reporting period or previously—an evaluation of any action taken in response to the recommendation during the reporting period; and\nfor a ministerial request made during the reporting period or made previously but not finally dealt with by the inspector—\na description of the request; and\na description of any action the inspector has taken in response to the request during the reporting period; and\nif the inspector has decided not to take any action or further action in response to the request—a statement of the reasons for the decision; and\na description of any referral of a relevant matter to a responsible Minister under section 17 (5) (b) made during the reporting period.\nThe Speaker must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\nIn this section—\nministerial request means a request made by a Minister under section 8 (4) for the inspector to perform a function.\n(sec.21-ssec.1) As soon as practicable after the end of each financial year, but no later than 31 October, the inspector must give the Speaker and the Minister a report about the inspector’s operations during the preceding financial year (the reporting period ).\n(sec.21-ssec.2) The report must include— a description of the functions performed by the inspector during the reporting period; and any recommendations for changes in the law of the State the inspector considers should be made, or for administrative action the inspector considers should be taken, as a result of the performance of the inspector’s functions; and for each recommendation made by the inspector whether during the reporting period or previously—an evaluation of any action taken in response to the recommendation during the reporting period; and for a ministerial request made during the reporting period or made previously but not finally dealt with by the inspector— a description of the request; and a description of any action the inspector has taken in response to the request during the reporting period; and if the inspector has decided not to take any action or further action in response to the request—a statement of the reasons for the decision; and a description of any referral of a relevant matter to a responsible Minister under section 17 (5) (b) made during the reporting period.\n(sec.21-ssec.3) The Speaker must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.21-ssec.4) In this section— ministerial request means a request made by a Minister under section 8 (4) for the inspector to perform a function.\n- (a) a description of the functions performed by the inspector during the reporting period; and\n- (b) any recommendations for changes in the law of the State the inspector considers should be made, or for administrative action the inspector considers should be taken, as a result of the performance of the inspector’s functions; and\n- (c) for each recommendation made by the inspector whether during the reporting period or previously—an evaluation of any action taken in response to the recommendation during the reporting period; and\n- (d) for a ministerial request made during the reporting period or made previously but not finally dealt with by the inspector— (i) a description of the request; and (ii) a description of any action the inspector has taken in response to the request during the reporting period; and (iii) if the inspector has decided not to take any action or further action in response to the request—a statement of the reasons for the decision; and\n- (i) a description of the request; and\n- (ii) a description of any action the inspector has taken in response to the request during the reporting period; and\n- (iii) if the inspector has decided not to take any action or further action in response to the request—a statement of the reasons for the decision; and\n- (e) a description of any referral of a relevant matter to a responsible Minister under section 17 (5) (b) made during the reporting period.\n- (i) a description of the request; and\n- (ii) a description of any action the inspector has taken in response to the request during the reporting period; and\n- (iii) if the inspector has decided not to take any action or further action in response to the request—a statement of the reasons for the decision; and","sortOrder":28},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Other reports to Parliament","content":"## Other reports to Parliament","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Preparing reports for Speaker","content":"### sec.22 Preparing reports for Speaker\n\nThe inspector must prepare the following reports for the Speaker—\na report about each review of a detention service that is carried out;\na report about each mandatory inspection of a place of detention that is carried out.\nThe inspector may prepare a report for the Speaker about—\nan inspection, other than a mandatory inspection, that is carried out; or\nthe performance of another function as the inspector considers appropriate.\nA report prepared under subsection (1) or (2) —\nmay address—\na review of 1 or more detention services relating to 1 or more places of detention; and\na review of a matter relating to 1 or more detention services or places of detention; and\nmust include any recommendations of the inspector relating to—\ntaking action to promote the improvement of detention services and places of detention; or\nchanging a law of the State, or administrative actions relevant to detention services or places of detention; or\nchanging infrastructure at particular places of detention.\nIn this section—\nmandatory inspection means an inspection mentioned in section 8 (1) (c) (i) , (ii) or (iii) .\n(sec.22-ssec.1) The inspector must prepare the following reports for the Speaker— a report about each review of a detention service that is carried out; a report about each mandatory inspection of a place of detention that is carried out.\n(sec.22-ssec.2) The inspector may prepare a report for the Speaker about— an inspection, other than a mandatory inspection, that is carried out; or the performance of another function as the inspector considers appropriate.\n(sec.22-ssec.3) A report prepared under subsection (1) or (2) — may address— a review of 1 or more detention services relating to 1 or more places of detention; and a review of a matter relating to 1 or more detention services or places of detention; and must include any recommendations of the inspector relating to— taking action to promote the improvement of detention services and places of detention; or changing a law of the State, or administrative actions relevant to detention services or places of detention; or changing infrastructure at particular places of detention.\n(sec.22-ssec.4) In this section— mandatory inspection means an inspection mentioned in section 8 (1) (c) (i) , (ii) or (iii) .\n- (a) a report about each review of a detention service that is carried out;\n- (b) a report about each mandatory inspection of a place of detention that is carried out.\n- (a) an inspection, other than a mandatory inspection, that is carried out; or\n- (b) the performance of another function as the inspector considers appropriate.\n- (a) may address— (i) a review of 1 or more detention services relating to 1 or more places of detention; and (ii) a review of a matter relating to 1 or more detention services or places of detention; and\n- (i) a review of 1 or more detention services relating to 1 or more places of detention; and\n- (ii) a review of a matter relating to 1 or more detention services or places of detention; and\n- (b) must include any recommendations of the inspector relating to— (i) taking action to promote the improvement of detention services and places of detention; or (ii) changing a law of the State, or administrative actions relevant to detention services or places of detention; or (iii) changing infrastructure at particular places of detention.\n- (i) taking action to promote the improvement of detention services and places of detention; or\n- (ii) changing a law of the State, or administrative actions relevant to detention services or places of detention; or\n- (iii) changing infrastructure at particular places of detention.\n- (i) a review of 1 or more detention services relating to 1 or more places of detention; and\n- (ii) a review of a matter relating to 1 or more detention services or places of detention; and\n- (i) taking action to promote the improvement of detention services and places of detention; or\n- (ii) changing a law of the State, or administrative actions relevant to detention services or places of detention; or\n- (iii) changing infrastructure at particular places of detention.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Public interest considerations","content":"### sec.23 Public interest considerations\n\nFor preparing a report under section 22 (1) or (2) , the inspector must consider whether any information in the report must be kept confidential because—\nthere are public interest considerations against disclosing the information; and\nthose considerations outweigh the public interest in favour of disclosing the information.\nThere is a public interest against disclosing the information if disclosing it could reasonably be expected to have any of the following effects—\nundermining security or good order at a place of detention;\nhelping anyone in escaping or attempting to escape from detention;\nprejudicing national security;\nrevealing or tending to reveal the identity of a person disclosing information to the inspector or undermining the future supply of information to the inspector;\nidentifying or allowing the identification of—\nany person who is, or was, detained at a place of detention; or\na relative of a person mentioned in subparagraph (i) ;\nundermining any system or procedure for protecting the life, health or safety of a detainee at a place of detention;\nidentifying or allowing the identification of a corrective services officer, police officer (including a watch-house manager), watch-house officer, youth justice staff member or another person who is, or was, working at a place of detention;\nundermining any system or procedure for protecting the life, health or safety of a person mentioned in paragraph (g) who is working at a place of detention.\nThe following matters must not be taken into account in deciding whether there is a public interest against disclosing the information—\ncausing embarrassment to, or a loss of confidence in, the Government;\nthe possibility that the information may be misunderstood or misinterpreted by a person.\nIn this section—\ncorrective services officer see the Corrective Services Act 2006 , schedule 4 .\nnational security means national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) .\nyouth justice staff member see the Youth Justice Act 1992 , section 59B .\n(sec.23-ssec.1) For preparing a report under section 22 (1) or (2) , the inspector must consider whether any information in the report must be kept confidential because— there are public interest considerations against disclosing the information; and those considerations outweigh the public interest in favour of disclosing the information.\n(sec.23-ssec.2) There is a public interest against disclosing the information if disclosing it could reasonably be expected to have any of the following effects— undermining security or good order at a place of detention; helping anyone in escaping or attempting to escape from detention; prejudicing national security; revealing or tending to reveal the identity of a person disclosing information to the inspector or undermining the future supply of information to the inspector; identifying or allowing the identification of— any person who is, or was, detained at a place of detention; or a relative of a person mentioned in subparagraph (i) ; undermining any system or procedure for protecting the life, health or safety of a detainee at a place of detention; identifying or allowing the identification of a corrective services officer, police officer (including a watch-house manager), watch-house officer, youth justice staff member or another person who is, or was, working at a place of detention; undermining any system or procedure for protecting the life, health or safety of a person mentioned in paragraph (g) who is working at a place of detention.\n(sec.23-ssec.3) The following matters must not be taken into account in deciding whether there is a public interest against disclosing the information— causing embarrassment to, or a loss of confidence in, the Government; the possibility that the information may be misunderstood or misinterpreted by a person.\n(sec.23-ssec.4) In this section— corrective services officer see the Corrective Services Act 2006 , schedule 4 . national security means national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) . youth justice staff member see the Youth Justice Act 1992 , section 59B .\n- (a) there are public interest considerations against disclosing the information; and\n- (b) those considerations outweigh the public interest in favour of disclosing the information.\n- (a) undermining security or good order at a place of detention;\n- (b) helping anyone in escaping or attempting to escape from detention;\n- (c) prejudicing national security;\n- (d) revealing or tending to reveal the identity of a person disclosing information to the inspector or undermining the future supply of information to the inspector;\n- (e) identifying or allowing the identification of— (i) any person who is, or was, detained at a place of detention; or (ii) a relative of a person mentioned in subparagraph (i) ;\n- (i) any person who is, or was, detained at a place of detention; or\n- (ii) a relative of a person mentioned in subparagraph (i) ;\n- (f) undermining any system or procedure for protecting the life, health or safety of a detainee at a place of detention;\n- (g) identifying or allowing the identification of a corrective services officer, police officer (including a watch-house manager), watch-house officer, youth justice staff member or another person who is, or was, working at a place of detention;\n- (h) undermining any system or procedure for protecting the life, health or safety of a person mentioned in paragraph (g) who is working at a place of detention.\n- (i) any person who is, or was, detained at a place of detention; or\n- (ii) a relative of a person mentioned in subparagraph (i) ;\n- (a) causing embarrassment to, or a loss of confidence in, the Government;\n- (b) the possibility that the information may be misunderstood or misinterpreted by a person.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Draft report to notifiable entities","content":"### sec.24 Draft report to notifiable entities\n\nThis section applies if the inspector prepares a report under section 22 (1) or (2) .\nAt least 6 weeks before giving the report to the Speaker under section 25 , the inspector must give each notifiable entity for the report—\na copy of the draft report; and\na notice stating—\nthat the person may make submissions under subsection (4) ; and\na reasonable period (the submission period ) in which the person must make any submissions to the inspector under subsection (4) .\nThe inspector may also give a copy of the draft report to another person the inspector considers has an interest in the subject matter of the report.\nA notifiable entity given a copy of the draft report under subsection (2) may make written submissions to the inspector in response to the report in the submission period.\nIf a notifiable entity makes submissions under subsection (4) , the inspector must—\nconsider the submissions; and\nreproduce the submissions, or include a statement reflecting the submissions, in the final report.\nThe inspector may, if the inspector considers it appropriate, amend the report in response to a submission made under subsection (4) .\nIn this section—\nnotifiable entity , for a report prepared under section 22 (1) or (2) , means each of the following—\nthe Minister;\nfor a report relating to a relevant matter of interest for a responsible Minister—the responsible Minister;\nfor a report relating to a matter relevant to a place of detention that is a community corrections centre, prison or work camp, or a detention service provided for the place of detention—the chief executive (corrective services);\nfor a report relating to a matter relevant to a watch-house or a detention service provided for a watch-house—the commissioner of the police service;\nfor a report relating to a matter relevant to a youth detention centre or a detention service provided for a youth detention centre—the chief executive of the department in which the Youth Justice Act 1992 is administered;\nfor a report disclosing information or setting out an opinion that is expressly or impliedly critical of another person or public sector entity—that person or entity.\n(sec.24-ssec.1) This section applies if the inspector prepares a report under section 22 (1) or (2) .\n(sec.24-ssec.2) At least 6 weeks before giving the report to the Speaker under section 25 , the inspector must give each notifiable entity for the report— a copy of the draft report; and a notice stating— that the person may make submissions under subsection (4) ; and a reasonable period (the submission period ) in which the person must make any submissions to the inspector under subsection (4) .\n(sec.24-ssec.3) The inspector may also give a copy of the draft report to another person the inspector considers has an interest in the subject matter of the report.\n(sec.24-ssec.4) A notifiable entity given a copy of the draft report under subsection (2) may make written submissions to the inspector in response to the report in the submission period.\n(sec.24-ssec.5) If a notifiable entity makes submissions under subsection (4) , the inspector must— consider the submissions; and reproduce the submissions, or include a statement reflecting the submissions, in the final report.\n(sec.24-ssec.6) The inspector may, if the inspector considers it appropriate, amend the report in response to a submission made under subsection (4) .\n(sec.24-ssec.7) In this section— notifiable entity , for a report prepared under section 22 (1) or (2) , means each of the following— the Minister; for a report relating to a relevant matter of interest for a responsible Minister—the responsible Minister; for a report relating to a matter relevant to a place of detention that is a community corrections centre, prison or work camp, or a detention service provided for the place of detention—the chief executive (corrective services); for a report relating to a matter relevant to a watch-house or a detention service provided for a watch-house—the commissioner of the police service; for a report relating to a matter relevant to a youth detention centre or a detention service provided for a youth detention centre—the chief executive of the department in which the Youth Justice Act 1992 is administered; for a report disclosing information or setting out an opinion that is expressly or impliedly critical of another person or public sector entity—that person or entity.\n- (a) a copy of the draft report; and\n- (b) a notice stating— (i) that the person may make submissions under subsection (4) ; and (ii) a reasonable period (the submission period ) in which the person must make any submissions to the inspector under subsection (4) .\n- (i) that the person may make submissions under subsection (4) ; and\n- (ii) a reasonable period (the submission period ) in which the person must make any submissions to the inspector under subsection (4) .\n- (i) that the person may make submissions under subsection (4) ; and\n- (ii) a reasonable period (the submission period ) in which the person must make any submissions to the inspector under subsection (4) .\n- (a) consider the submissions; and\n- (b) reproduce the submissions, or include a statement reflecting the submissions, in the final report.\n- (a) the Minister;\n- (b) for a report relating to a relevant matter of interest for a responsible Minister—the responsible Minister;\n- (c) for a report relating to a matter relevant to a place of detention that is a community corrections centre, prison or work camp, or a detention service provided for the place of detention—the chief executive (corrective services);\n- (d) for a report relating to a matter relevant to a watch-house or a detention service provided for a watch-house—the commissioner of the police service;\n- (e) for a report relating to a matter relevant to a youth detention centre or a detention service provided for a youth detention centre—the chief executive of the department in which the Youth Justice Act 1992 is administered;\n- (f) for a report disclosing information or setting out an opinion that is expressly or impliedly critical of another person or public sector entity—that person or entity.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Giving final report to Speaker","content":"### sec.25 Giving final report to Speaker\n\nThe inspector must—\ngive a report prepared under section 22 (1) or (2) to the Speaker; and\ngive a copy of the report to each notifiable entity for the report.\n(sec.25-ssec) The inspector must— give a report prepared under section 22 (1) or (2) to the Speaker; and give a copy of the report to each notifiable entity for the report.\n- (a) give a report prepared under section 22 (1) or (2) to the Speaker; and\n- (b) give a copy of the report to each notifiable entity for the report.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Tabling of report","content":"### sec.26 Tabling of report\n\nThe Speaker must table a report given under section 25 in the Legislative Assembly on the next sitting day after the Speaker receives the report.\nIf the Speaker receives the report when the Legislative Assembly is not sitting, the Speaker must deliver the report to the Clerk of the Parliament.\nThe Clerk must authorise the report to be published.\nA report published under subsection (3) is taken, for all purposes, to have been tabled in and published by order of the Legislative Assembly and is to be granted all the immunities and privileges of a report so tabled and published.\n(sec.26-ssec.1) The Speaker must table a report given under section 25 in the Legislative Assembly on the next sitting day after the Speaker receives the report.\n(sec.26-ssec.2) If the Speaker receives the report when the Legislative Assembly is not sitting, the Speaker must deliver the report to the Clerk of the Parliament.\n(sec.26-ssec.3) The Clerk must authorise the report to be published.\n(sec.26-ssec.4) A report published under subsection (3) is taken, for all purposes, to have been tabled in and published by order of the Legislative Assembly and is to be granted all the immunities and privileges of a report so tabled and published.","sortOrder":34},{"sectionNumber":"pt.4","sectionType":"part","heading":"Disclosure of information","content":"# Disclosure of information","sortOrder":35},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Disclosure of information to inspector","content":"## Disclosure of information to inspector","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Authorisation to disclose relevant information","content":"### sec.27 Authorisation to disclose relevant information\n\nA person is authorised to disclose to the inspector any information that is relevant to the inspector performing a function under this Act.\nWithout limiting subsection (1) —\nan informed person within the meaning of the Corrective Services Act 2006 , section 341 (1) , including, for example, an official visitor, may disclose confidential information within the meaning of section 341 of that Act to the inspector; and\na person mentioned in the Police Service Administration Act 1990 , section 10 .1 may disclose information mentioned in that section to the inspector; and\na person mentioned in the Youth Justice Act 1992 , section 287 may disclose confidential information within the meaning of part 9 of that Act to the inspector; and\na person mentioned in the Public Guardian Act 2014 , section 140 (2) may disclose confidential information within the meaning of that Act to the inspector.\nAlso, without limiting subsection (1) —\nthe inspector may ask a person to whom the Police Service Administration Act 1990 , section 5AA .14(1)(a)(i) and (b) applies to disclose relevant information about someone else; and\nthe person may disclose the relevant information to the inspector.\nSee also the Hospital and Health Boards Act 2011 , section 157A , the Mental Health Act 2016 , section 785A and the Ombudsman Act 2001 , section 91A .\nIn this section—\nrelevant information see the Police Service Administration Act 1990 , section 1 .4.\n(sec.27-ssec.1) A person is authorised to disclose to the inspector any information that is relevant to the inspector performing a function under this Act.\n(sec.27-ssec.2) Without limiting subsection (1) — an informed person within the meaning of the Corrective Services Act 2006 , section 341 (1) , including, for example, an official visitor, may disclose confidential information within the meaning of section 341 of that Act to the inspector; and a person mentioned in the Police Service Administration Act 1990 , section 10 .1 may disclose information mentioned in that section to the inspector; and a person mentioned in the Youth Justice Act 1992 , section 287 may disclose confidential information within the meaning of part 9 of that Act to the inspector; and a person mentioned in the Public Guardian Act 2014 , section 140 (2) may disclose confidential information within the meaning of that Act to the inspector.\n(sec.27-ssec.3) Also, without limiting subsection (1) — the inspector may ask a person to whom the Police Service Administration Act 1990 , section 5AA .14(1)(a)(i) and (b) applies to disclose relevant information about someone else; and the person may disclose the relevant information to the inspector. See also the Hospital and Health Boards Act 2011 , section 157A , the Mental Health Act 2016 , section 785A and the Ombudsman Act 2001 , section 91A .\n(sec.27-ssec.4) In this section— relevant information see the Police Service Administration Act 1990 , section 1 .4.\n- (a) an informed person within the meaning of the Corrective Services Act 2006 , section 341 (1) , including, for example, an official visitor, may disclose confidential information within the meaning of section 341 of that Act to the inspector; and\n- (b) a person mentioned in the Police Service Administration Act 1990 , section 10 .1 may disclose information mentioned in that section to the inspector; and\n- (c) a person mentioned in the Youth Justice Act 1992 , section 287 may disclose confidential information within the meaning of part 9 of that Act to the inspector; and\n- (d) a person mentioned in the Public Guardian Act 2014 , section 140 (2) may disclose confidential information within the meaning of that Act to the inspector.\n- (a) the inspector may ask a person to whom the Police Service Administration Act 1990 , section 5AA .14(1)(a)(i) and (b) applies to disclose relevant information about someone else; and\n- (b) the person may disclose the relevant information to the inspector.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Disclosure of particular matters not required","content":"### sec.28 Disclosure of particular matters not required\n\nThis Act does not require or authorise a person—\nto give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or\nto produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) .\nFor subsection (1) , a certificate issued by the chief executive of a department administered by the Premier, with the Premier’s approval, certifying that any information or question, or any document or part of a document, relates to any proceedings mentioned in subsection (1) is conclusive of the fact so certified.\nThe inspector must not require any information or answer to be given, or any document or thing to be produced, if the Attorney-General certifies in writing that the giving of the information or answer, or the production of the document or thing, might prejudice the security of the State or the investigation or detection of offences.\nIn this section—\ninformation does not include a document.\n(sec.28-ssec.1) This Act does not require or authorise a person— to give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or to produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) .\n(sec.28-ssec.2) For subsection (1) , a certificate issued by the chief executive of a department administered by the Premier, with the Premier’s approval, certifying that any information or question, or any document or part of a document, relates to any proceedings mentioned in subsection (1) is conclusive of the fact so certified.\n(sec.28-ssec.3) The inspector must not require any information or answer to be given, or any document or thing to be produced, if the Attorney-General certifies in writing that the giving of the information or answer, or the production of the document or thing, might prejudice the security of the State or the investigation or detection of offences.\n(sec.28-ssec.4) In this section— information does not include a document.\n- (a) to give any information or answer any question relating to proceedings of Cabinet or a committee of Cabinet; or\n- (b) to produce or inspect a document to the extent it relates to proceedings mentioned in paragraph (a) .","sortOrder":38},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Disclosure of information obtained by or for inspector","content":"## Disclosure of information obtained by or for inspector","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Definition for division","content":"### sec.29 Definition for division\n\nIn this division—\nconfidential information —\nincludes—\ngenerally, information about a person’s affairs; and\ninformation that is confidential information under—\nthe Corrective Services Act 2006 , section 341 ; or\nthe Hospital and Health Boards Act 2011 , section 139 ; or\nthe Youth Justice Act 1992 , section 284 ; and\ninformation mentioned in the Police Powers and Responsibilities Act 2000 , section 803 (2) ; and\npersonal information under the Mental Health Act 2016 , section 776 ; but\ndoes not include—\ninformation already publicly disclosed unless further disclosure of the information is prohibited by law; or\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (a) includes— (i) generally, information about a person’s affairs; and (ii) information that is confidential information under— (A) the Corrective Services Act 2006 , section 341 ; or (B) the Hospital and Health Boards Act 2011 , section 139 ; or (C) the Youth Justice Act 1992 , section 284 ; and (iii) information mentioned in the Police Powers and Responsibilities Act 2000 , section 803 (2) ; and (iv) personal information under the Mental Health Act 2016 , section 776 ; but\n- (i) generally, information about a person’s affairs; and\n- (ii) information that is confidential information under— (A) the Corrective Services Act 2006 , section 341 ; or (B) the Hospital and Health Boards Act 2011 , section 139 ; or (C) the Youth Justice Act 1992 , section 284 ; and\n- (A) the Corrective Services Act 2006 , section 341 ; or\n- (B) the Hospital and Health Boards Act 2011 , section 139 ; or\n- (C) the Youth Justice Act 1992 , section 284 ; and\n- (iii) information mentioned in the Police Powers and Responsibilities Act 2000 , section 803 (2) ; and\n- (iv) personal information under the Mental Health Act 2016 , section 776 ; but\n- (b) does not include— (i) information already publicly disclosed unless further disclosure of the information is prohibited by law; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (i) information already publicly disclosed unless further disclosure of the information is prohibited by law; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (i) generally, information about a person’s affairs; and\n- (ii) information that is confidential information under— (A) the Corrective Services Act 2006 , section 341 ; or (B) the Hospital and Health Boards Act 2011 , section 139 ; or (C) the Youth Justice Act 1992 , section 284 ; and\n- (A) the Corrective Services Act 2006 , section 341 ; or\n- (B) the Hospital and Health Boards Act 2011 , section 139 ; or\n- (C) the Youth Justice Act 1992 , section 284 ; and\n- (iii) information mentioned in the Police Powers and Responsibilities Act 2000 , section 803 (2) ; and\n- (iv) personal information under the Mental Health Act 2016 , section 776 ; but\n- (A) the Corrective Services Act 2006 , section 341 ; or\n- (B) the Hospital and Health Boards Act 2011 , section 139 ; or\n- (C) the Youth Justice Act 1992 , section 284 ; and\n- (i) information already publicly disclosed unless further disclosure of the information is prohibited by law; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Confidentiality","content":"### sec.30 Confidentiality\n\nThis section applies to a person who—\nis, or has been, any of the following persons—\nthe inspector;\nan officer of the ombudsman involved in the administration of this Act (a relevant officer of the ombudsman );\na person mentioned in section 9 whom the inspector has arranged to help carry out a review or inspection;\na person mentioned in section 38 whom the inspector has consulted with or engaged to help the inspector perform the inspector’s functions; and\nin that capacity, has acquired or has had access to confidential information.\nThe person must not disclose the confidential information to anyone else, or use the information, other than under this section.\nMaximum penalty—100 penalty units.\nSubject to section 32 , a person mentioned in subsection (1) may disclose or use the confidential information to the extent the disclosure or use is—\nnecessary to perform the person’s functions under or relating to this Act; or\notherwise required or permitted under this Act or another law.\nAlso, the inspector or a relevant officer of the ombudsman may disclose or use the confidential information—\nfor confidential information about a person who is an adult—\nwith the person’s consent; or\nif the person is unable to consent—with the consent of a legal guardian of the person; or\nfor confidential information about a child—\nwith the consent of the child, if the child has been told—\nthe information to be disclosed or used; and\nthe reason for the disclosure or use; and\nfor disclosure of the information—to whom it is to be disclosed; or\nwith the consent of a parent or legal guardian of the child.\nFurther, the inspector may disclose the confidential information—\nto a person mentioned in section 9 for helping the inspector carry out a review or inspection, to the extent the disclosure is necessary to help carry out the review or inspection; or\nto a referral entity for—\nperforming a function of the inspector in accordance with an arrangement entered into with the entity under section 20 (1) ; or\nreferring a matter to the entity under section 20 (4) ; or\nfor disclosing information in the public interest under section 31 ; or\nto a person mentioned in section 38 for helping the inspector perform a function, to the extent the disclosure is necessary to help perform the function.\nA person mentioned in subsection (1) , other than a person who is the inspector or a relevant officer of the ombudsman, may also disclose or use the confidential information under subsection (4) (a) or (b) , but only with the consent of the inspector or a relevant officer of the ombudsman.\n(sec.30-ssec.1) This section applies to a person who— is, or has been, any of the following persons— the inspector; an officer of the ombudsman involved in the administration of this Act (a relevant officer of the ombudsman ); a person mentioned in section 9 whom the inspector has arranged to help carry out a review or inspection; a person mentioned in section 38 whom the inspector has consulted with or engaged to help the inspector perform the inspector’s functions; and in that capacity, has acquired or has had access to confidential information.\n(sec.30-ssec.2) The person must not disclose the confidential information to anyone else, or use the information, other than under this section. Maximum penalty—100 penalty units.\n(sec.30-ssec.3) Subject to section 32 , a person mentioned in subsection (1) may disclose or use the confidential information to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law.\n(sec.30-ssec.4) Also, the inspector or a relevant officer of the ombudsman may disclose or use the confidential information— for confidential information about a person who is an adult— with the person’s consent; or if the person is unable to consent—with the consent of a legal guardian of the person; or for confidential information about a child— with the consent of the child, if the child has been told— the information to be disclosed or used; and the reason for the disclosure or use; and for disclosure of the information—to whom it is to be disclosed; or with the consent of a parent or legal guardian of the child.\n(sec.30-ssec.5) Further, the inspector may disclose the confidential information— to a person mentioned in section 9 for helping the inspector carry out a review or inspection, to the extent the disclosure is necessary to help carry out the review or inspection; or to a referral entity for— performing a function of the inspector in accordance with an arrangement entered into with the entity under section 20 (1) ; or referring a matter to the entity under section 20 (4) ; or for disclosing information in the public interest under section 31 ; or to a person mentioned in section 38 for helping the inspector perform a function, to the extent the disclosure is necessary to help perform the function.\n(sec.30-ssec.6) A person mentioned in subsection (1) , other than a person who is the inspector or a relevant officer of the ombudsman, may also disclose or use the confidential information under subsection (4) (a) or (b) , but only with the consent of the inspector or a relevant officer of the ombudsman.\n- (a) is, or has been, any of the following persons— (i) the inspector; (ii) an officer of the ombudsman involved in the administration of this Act (a relevant officer of the ombudsman ); (iii) a person mentioned in section 9 whom the inspector has arranged to help carry out a review or inspection; (iv) a person mentioned in section 38 whom the inspector has consulted with or engaged to help the inspector perform the inspector’s functions; and\n- (i) the inspector;\n- (ii) an officer of the ombudsman involved in the administration of this Act (a relevant officer of the ombudsman );\n- (iii) a person mentioned in section 9 whom the inspector has arranged to help carry out a review or inspection;\n- (iv) a person mentioned in section 38 whom the inspector has consulted with or engaged to help the inspector perform the inspector’s functions; and\n- (b) in that capacity, has acquired or has had access to confidential information.\n- (i) the inspector;\n- (ii) an officer of the ombudsman involved in the administration of this Act (a relevant officer of the ombudsman );\n- (iii) a person mentioned in section 9 whom the inspector has arranged to help carry out a review or inspection;\n- (iv) a person mentioned in section 38 whom the inspector has consulted with or engaged to help the inspector perform the inspector’s functions; and\n- (a) necessary to perform the person’s functions under or relating to this Act; or\n- (b) otherwise required or permitted under this Act or another law.\n- (a) for confidential information about a person who is an adult— (i) with the person’s consent; or (ii) if the person is unable to consent—with the consent of a legal guardian of the person; or\n- (i) with the person’s consent; or\n- (ii) if the person is unable to consent—with the consent of a legal guardian of the person; or\n- (b) for confidential information about a child— (i) with the consent of the child, if the child has been told— (A) the information to be disclosed or used; and (B) the reason for the disclosure or use; and (C) for disclosure of the information—to whom it is to be disclosed; or (ii) with the consent of a parent or legal guardian of the child.\n- (i) with the consent of the child, if the child has been told— (A) the information to be disclosed or used; and (B) the reason for the disclosure or use; and (C) for disclosure of the information—to whom it is to be disclosed; or\n- (A) the information to be disclosed or used; and\n- (B) the reason for the disclosure or use; and\n- (C) for disclosure of the information—to whom it is to be disclosed; or\n- (ii) with the consent of a parent or legal guardian of the child.\n- (i) with the person’s consent; or\n- (ii) if the person is unable to consent—with the consent of a legal guardian of the person; or\n- (i) with the consent of the child, if the child has been told— (A) the information to be disclosed or used; and (B) the reason for the disclosure or use; and (C) for disclosure of the information—to whom it is to be disclosed; or\n- (A) the information to be disclosed or used; and\n- (B) the reason for the disclosure or use; and\n- (C) for disclosure of the information—to whom it is to be disclosed; or\n- (ii) with the consent of a parent or legal guardian of the child.\n- (A) the information to be disclosed or used; and\n- (B) the reason for the disclosure or use; and\n- (C) for disclosure of the information—to whom it is to be disclosed; or\n- (a) to a person mentioned in section 9 for helping the inspector carry out a review or inspection, to the extent the disclosure is necessary to help carry out the review or inspection; or\n- (b) to a referral entity for— (i) performing a function of the inspector in accordance with an arrangement entered into with the entity under section 20 (1) ; or (ii) referring a matter to the entity under section 20 (4) ; or\n- (i) performing a function of the inspector in accordance with an arrangement entered into with the entity under section 20 (1) ; or\n- (ii) referring a matter to the entity under section 20 (4) ; or\n- (c) for disclosing information in the public interest under section 31 ; or\n- (d) to a person mentioned in section 38 for helping the inspector perform a function, to the extent the disclosure is necessary to help perform the function.\n- (i) performing a function of the inspector in accordance with an arrangement entered into with the entity under section 20 (1) ; or\n- (ii) referring a matter to the entity under section 20 (4) ; or","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Disclosure of information in public interest","content":"### sec.31 Disclosure of information in public interest\n\nThe inspector may disclose information to any person or the public in relation to the performance of a function of the inspector if the inspector believes on reasonable grounds disclosing the information is in the interests of any person or is otherwise in the public interest.\nFor deciding whether to disclose information under subsection (1) , the inspector must consider whether all or part of the information must be kept confidential because—\nthere are public interest considerations against disclosing the information; and\nthose considerations outweigh the public interest in favour of disclosing the information.\nSection 23 (2) and (3) applies for deciding whether there are public interest considerations against disclosing the information.\nIf the information to be disclosed under subsection (1) includes an opinion that is expressly or impliedly critical of a person or a public sector entity (each an affected entity ), the inspector must notify the affected entity before disclosing the information, if practicable to do so.\nSubsection (4) does not apply if—\nthe information is disclosed in a report prepared under section 22 (1) or (2) ; and\nthe affected entity is a notifiable entity for the report; and\nthe inspector has given the affected entity a copy of the draft report under section 24 (2) .\n(sec.31-ssec.1) The inspector may disclose information to any person or the public in relation to the performance of a function of the inspector if the inspector believes on reasonable grounds disclosing the information is in the interests of any person or is otherwise in the public interest.\n(sec.31-ssec.2) For deciding whether to disclose information under subsection (1) , the inspector must consider whether all or part of the information must be kept confidential because— there are public interest considerations against disclosing the information; and those considerations outweigh the public interest in favour of disclosing the information.\n(sec.31-ssec.3) Section 23 (2) and (3) applies for deciding whether there are public interest considerations against disclosing the information.\n(sec.31-ssec.4) If the information to be disclosed under subsection (1) includes an opinion that is expressly or impliedly critical of a person or a public sector entity (each an affected entity ), the inspector must notify the affected entity before disclosing the information, if practicable to do so.\n(sec.31-ssec.5) Subsection (4) does not apply if— the information is disclosed in a report prepared under section 22 (1) or (2) ; and the affected entity is a notifiable entity for the report; and the inspector has given the affected entity a copy of the draft report under section 24 (2) .\n- (a) there are public interest considerations against disclosing the information; and\n- (b) those considerations outweigh the public interest in favour of disclosing the information.\n- (a) the information is disclosed in a report prepared under section 22 (1) or (2) ; and\n- (b) the affected entity is a notifiable entity for the report; and\n- (c) the inspector has given the affected entity a copy of the draft report under section 24 (2) .","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Limits on use of confidential information and derived evidence","content":"### sec.32 Limits on use of confidential information and derived evidence\n\nThis section applies in relation to—\nconfidential information that a person mentioned in section 30 (1) (a) has acquired, or to which the person has had access, under section 30 (1) (b) ; or\nany information or other thing obtained as a direct or indirect result of confidential information to which paragraph (a) applies ( derived evidence ).\nThe confidential information or derived evidence—\ncan not be accessed under any order, whether of a judicial or administrative nature; and\nis not admissible in any proceeding.\nA person can not be compelled to produce the confidential information or derived evidence, or give evidence relating to the confidential information or derived evidence—\nin any proceeding; or\nin compliance with a requirement under an Act or legal process.\nIn this section—\norder includes—\na direction; and\na decision on an application under an Act for access to information; and\nan application under the Right to Information Act 2009\nanother process.\n(sec.32-ssec.1) This section applies in relation to— confidential information that a person mentioned in section 30 (1) (a) has acquired, or to which the person has had access, under section 30 (1) (b) ; or any information or other thing obtained as a direct or indirect result of confidential information to which paragraph (a) applies ( derived evidence ).\n(sec.32-ssec.2) The confidential information or derived evidence— can not be accessed under any order, whether of a judicial or administrative nature; and is not admissible in any proceeding.\n(sec.32-ssec.3) A person can not be compelled to produce the confidential information or derived evidence, or give evidence relating to the confidential information or derived evidence— in any proceeding; or in compliance with a requirement under an Act or legal process.\n(sec.32-ssec.4) In this section— order includes— a direction; and a decision on an application under an Act for access to information; and an application under the Right to Information Act 2009 another process.\n- (a) confidential information that a person mentioned in section 30 (1) (a) has acquired, or to which the person has had access, under section 30 (1) (b) ; or\n- (b) any information or other thing obtained as a direct or indirect result of confidential information to which paragraph (a) applies ( derived evidence ).\n- (a) can not be accessed under any order, whether of a judicial or administrative nature; and\n- (b) is not admissible in any proceeding.\n- (a) in any proceeding; or\n- (b) in compliance with a requirement under an Act or legal process.\n- (a) a direction; and\n- (b) a decision on an application under an Act for access to information; and Example of an application for paragraph (b) — an application under the Right to Information Act 2009\n- (c) another process.","sortOrder":43},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Appointment of inspector","content":"### sec.33 Appointment of inspector\n\nThe ombudsman is appointed as the inspector of detention services under the Ombudsman Act 2001 , section 58 (2) for the term mentioned in section 61 of that Act.\nThe Ombudsman Act 2001 , part 7 provides for matters relating to the appointment of the inspector.\n(sec.33-ssec) The ombudsman is appointed as the inspector of detention services under the Ombudsman Act 2001 , section 58 (2) for the term mentioned in section 61 of that Act. The Ombudsman Act 2001 , part 7 provides for matters relating to the appointment of the inspector.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Control of part of ombudsman office","content":"### sec.34 Control of part of ombudsman office\n\nThe inspector controls the ombudsman office to the extent that officers of the ombudsman are involved, and other resources of the office are used, exclusively in the administration of this Act.\n(sec.34-ssec) The inspector controls the ombudsman office to the extent that officers of the ombudsman are involved, and other resources of the office are used, exclusively in the administration of this Act.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Administrative support for inspector","content":"### sec.35 Administrative support for inspector\n\nThe ombudsman office must give the inspector the administrative support services the inspector requires to perform the inspector’s functions effectively.\nThe Ombudsman Act 2001 , part 8 provides for other matters relating to the administration of the ombudsman office.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Delegation","content":"### sec.36 Delegation\n\nThe inspector may delegate the inspector’s functions under this Act to an appropriately qualified officer of the ombudsman.\nHowever—\nthe inspector may not delegate a function mentioned in section 8 (1) (e) , (f) or (g) ; and\nthe inspector may not delegate a function to an officer of the ombudsman to whom the ombudsman has delegated a function under the Ombudsman Act 2001 .\nFor delegating functions to persons under subsection (1) , the inspector must take into account the desirability of delegates—\nhaving a range of knowledge, experience or skills relevant to the performance of the functions of the inspector; and\nreflecting the social and cultural diversity of, and vulnerabilities within, the population of detainees in the State, including representing persons who identify as Aboriginal persons or Torres Strait Islanders.\n(sec.36-ssec.1) The inspector may delegate the inspector’s functions under this Act to an appropriately qualified officer of the ombudsman.\n(sec.36-ssec.2) However— the inspector may not delegate a function mentioned in section 8 (1) (e) , (f) or (g) ; and the inspector may not delegate a function to an officer of the ombudsman to whom the ombudsman has delegated a function under the Ombudsman Act 2001 .\n(sec.36-ssec.3) For delegating functions to persons under subsection (1) , the inspector must take into account the desirability of delegates— having a range of knowledge, experience or skills relevant to the performance of the functions of the inspector; and reflecting the social and cultural diversity of, and vulnerabilities within, the population of detainees in the State, including representing persons who identify as Aboriginal persons or Torres Strait Islanders.\n- (a) the inspector may not delegate a function mentioned in section 8 (1) (e) , (f) or (g) ; and\n- (b) the inspector may not delegate a function to an officer of the ombudsman to whom the ombudsman has delegated a function under the Ombudsman Act 2001 .\n- (a) having a range of knowledge, experience or skills relevant to the performance of the functions of the inspector; and\n- (b) reflecting the social and cultural diversity of, and vulnerabilities within, the population of detainees in the State, including representing persons who identify as Aboriginal persons or Torres Strait Islanders.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Officer subject to direction of inspector","content":"### sec.37 Officer subject to direction of inspector\n\nAn officer of the ombudsman to whom a function is delegated under section 36 is subject to the direction of the inspector in performing the function or exercising a power under this Act.\nAn officer of the ombudsman, other than an officer mentioned in subsection (1) , is subject to the direction of the inspector to the extent the officer is involved in the administration of this Act.\n(sec.37-ssec.1) An officer of the ombudsman to whom a function is delegated under section 36 is subject to the direction of the inspector in performing the function or exercising a power under this Act.\n(sec.37-ssec.2) An officer of the ombudsman, other than an officer mentioned in subsection (1) , is subject to the direction of the inspector to the extent the officer is involved in the administration of this Act.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Consulting with or engaging professionals and others","content":"### sec.38 Consulting with or engaging professionals and others\n\nTo help the inspector perform the inspector’s functions, the inspector may consult with or engage—\na person who has professional skills or expertise the inspector considers appropriate; or\na lawyer\na medical practitioner\na person who has professional experience of working with vulnerable persons, including, for example, children\na person who has other skills or experience the inspector considers appropriate.\na person who has experience of the effects of detention as a former detainee, or as a family member or close friend of a former detainee, and whom the inspector considers can use that experience to—\ncommunicate appropriately and effectively with detainees; and\ngive the inspector insight into the effects of detention on detainees and their communities\n(sec.38-ssec) To help the inspector perform the inspector’s functions, the inspector may consult with or engage— a person who has professional skills or expertise the inspector considers appropriate; or a lawyer a medical practitioner a person who has professional experience of working with vulnerable persons, including, for example, children a person who has other skills or experience the inspector considers appropriate. a person who has experience of the effects of detention as a former detainee, or as a family member or close friend of a former detainee, and whom the inspector considers can use that experience to— communicate appropriately and effectively with detainees; and give the inspector insight into the effects of detention on detainees and their communities\n- (a) a person who has professional skills or expertise the inspector considers appropriate; or Examples of a person for paragraph (a) — • a lawyer • a medical practitioner • a person who has professional experience of working with vulnerable persons, including, for example, children\n- • a lawyer\n- • a medical practitioner\n- • a person who has professional experience of working with vulnerable persons, including, for example, children\n- (b) a person who has other skills or experience the inspector considers appropriate. Example of a person for paragraph (b) — a person who has experience of the effects of detention as a former detainee, or as a family member or close friend of a former detainee, and whom the inspector considers can use that experience to— (a) communicate appropriately and effectively with detainees; and (b) give the inspector insight into the effects of detention on detainees and their communities\n- (a) communicate appropriately and effectively with detainees; and\n- (b) give the inspector insight into the effects of detention on detainees and their communities\n- • a lawyer\n- • a medical practitioner\n- • a person who has professional experience of working with vulnerable persons, including, for example, children\n- (a) communicate appropriately and effectively with detainees; and\n- (b) give the inspector insight into the effects of detention on detainees and their communities","sortOrder":50},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":51},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Definition for division","content":"### sec.39 Definition for division\n\nIn this division—\nofficial means—\nthe inspector; or\nan officer of the ombudsman involved in the administration of this Act.\n- (a) the inspector; or\n- (b) an officer of the ombudsman involved in the administration of this Act.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Reprisal and grounds for reprisals","content":"### sec.40 Reprisal and grounds for reprisals\n\nA person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, any person has provided or may provide information or other assistance to an official.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\nIn this section—\ndetriment , to a person, includes—\nprejudice to the person’s safety; and\nprejudice to the person’s career, including, for example, dismissal of the person from the person’s employment.\n(sec.40-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, any person has provided or may provide information or other assistance to an official.\n(sec.40-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.40-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.40-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.40-ssec.5) For the contravention mentioned in subsection (3) to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n(sec.40-ssec.6) In this section— detriment , to a person, includes— prejudice to the person’s safety; and prejudice to the person’s career, including, for example, dismissal of the person from the person’s employment.\n- (a) prejudice to the person’s safety; and\n- (b) prejudice to the person’s career, including, for example, dismissal of the person from the person’s employment.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Offence for taking reprisal","content":"### sec.41 Offence for taking reprisal\n\nA person who takes a reprisal commits an offence.\nMaximum penalty—100 penalty units.\n(sec.41-ssec) A person who takes a reprisal commits an offence. Maximum penalty—100 penalty units.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Giving official false or misleading information","content":"### sec.42 Giving official false or misleading information\n\nA person must not, in relation to the administration of this Act, give an official information that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) applies to information whether or not the information was given in response to a specific power under this Act.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the official, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.42-ssec.1) A person must not, in relation to the administration of this Act, give an official information that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.42-ssec.2) Subsection (1) applies to information whether or not the information was given in response to a specific power under this Act.\n(sec.42-ssec.3) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the official, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the official, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Obstructing official","content":"### sec.43 Obstructing official\n\nA person must not obstruct an official exercising a power, or someone helping an official exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an official, or someone helping an official, and the official decides to proceed with the exercise of the power, the official must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe official considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.43-ssec.1) A person must not obstruct an official exercising a power, or someone helping an official exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.43-ssec.2) If a person has obstructed an official, or someone helping an official, and the official decides to proceed with the exercise of the power, the official must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the official considers the person’s conduct an obstruction.\n(sec.43-ssec.3) In this section— obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the official considers the person’s conduct an obstruction.","sortOrder":57},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Definition for division","content":"### sec.44 Definition for division\n\nIn this division—\nofficer means an officer of the ombudsman involved in performing a function mentioned in section 8 (1) (a) , (b) or (c) .","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Issue of identity card","content":"### sec.45 Issue of identity card\n\nThe inspector must issue an identity card to each officer.\nThe identity card must—\ncontain a recent photograph of the officer; and\ncontain a copy of the officer’s signature; and\nidentify the person as an officer under this division; and\nstate an expiry date for the card.\n(sec.45-ssec.1) The inspector must issue an identity card to each officer.\n(sec.45-ssec.2) The identity card must— contain a recent photograph of the officer; and contain a copy of the officer’s signature; and identify the person as an officer under this division; and state an expiry date for the card.\n- (a) contain a recent photograph of the officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the person as an officer under this division; and\n- (d) state an expiry date for the card.","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Production or display of identity card","content":"### sec.46 Production or display of identity card\n\nIn exercising a power in relation to another person in the other person’s presence, an officer must—\nproduce the officer’s identity card for the other person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the other person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.46-ssec.1) In exercising a power in relation to another person in the other person’s presence, an officer must— produce the officer’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.\n(sec.46-ssec.2) However, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) produce the officer’s identity card for the other person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Return of identity card","content":"### sec.47 Return of identity card\n\nIf the appointment of a person as an officer ends, the person must return the person’s identity card to the inspector within 14 days after the appointment ends unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":62},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Security and safety considerations","content":"### sec.48 Security and safety considerations\n\nWhen performing a function under this Act at, or relating to, a place of detention, a person must have regard to—\nthe good order and security of the place of detention; and\nthe safety of any person at, or whose work is connected with, the place of detention.\n- (a) the good order and security of the place of detention; and\n- (b) the safety of any person at, or whose work is connected with, the place of detention.","sortOrder":64},{"sectionNumber":"sec.49","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.49 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives information to the inspector in response to a requirement made by the inspector under section 12 (2) or 16 (2) .\nEvidence of the information, and other evidence directly or indirectly derived from the information, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in which the false or misleading nature of the information is relevant evidence.\n(sec.49-ssec.1) Subsection (2) applies if an individual gives information to the inspector in response to a requirement made by the inspector under section 12 (2) or 16 (2) .\n(sec.49-ssec.2) Evidence of the information, and other evidence directly or indirectly derived from the information, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.49-ssec.3) Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in which the false or misleading nature of the information is relevant evidence.","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"Review of Act","content":"### sec.50 Review of Act\n\nThe Minister must, as soon as practicable after the day that is 5 years after the commencement, review this Act to determine whether—\nthe policy objectives of the Act remain valid; and\nthe provisions of the Act remain appropriate for achieving the objectives.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.50-ssec.1) The Minister must, as soon as practicable after the day that is 5 years after the commencement, review this Act to determine whether— the policy objectives of the Act remain valid; and the provisions of the Act remain appropriate for achieving the objectives.\n(sec.50-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n- (a) the policy objectives of the Act remain valid; and\n- (b) the provisions of the Act remain appropriate for achieving the objectives.","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Regulation-making power","content":"### sec.51 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":67}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.8(1)(e)(i) and sec.8(1)(e)(ii)","severity":"medium","reasoning":"The inspector has broad, open-ended power to review detention services at any time on their own initiative (s.8(3)), and every such review triggers a mandatory reporting obligation to Parliament (s.8(1)(e)(i)) and a mandatory obligation to prepare a formal report (s.22(1)(a)). The volume of potential reviews makes universal mandatory reporting to Parliament practically impossible and would overwhelm Parliament's capacity to receive and process reports.","confidence":0.72,"description":"The inspector is mandatorily required to report to the Legislative Assembly on 'each review carried out by the inspector' (s.8(1)(e)(i)) and 'each inspection carried out by the inspector under paragraph (c)' (s.8(1)(e)(ii)), but s.8(1)(e)(iii) makes reporting on 'other inspections' discretionary. The mandatory reporting obligation for every single review, no matter how minor or routine, creates an administratively unworkable burden. Given the inspector can review detention services 'at any time' on their own initiative (s.8(3)), this could theoretically require hundreds of individual reports per year to Parliament."},{"type":"impossible_compliance","section":"sec.9(4) and sec.9(6)","severity":"medium","reasoning":"Unlike the general obligation in s.9(2) which is qualified by 'if appropriate and practicable,' the obligation in s.9(5) (triggered by s.9(4)) contains no such qualification. It is an unqualified 'must.' This creates a scenario where the inspector is legally obligated to arrange a culturally specific representative but has no legal mechanism to proceed if none is available, potentially paralysing reviews involving Aboriginal or Torres Strait Islander detainees.","confidence":0.68,"description":"Section 9(4) triggers a mandatory obligation (s.9(5): 'must arrange') to provide an 'appropriate representative' when a review or inspection 'relates to a detainee who identifies as an Aboriginal person or Torres Strait Islander.' The definition of 'appropriate representative' requires the person to have 'appropriate authority to speak about Aboriginal tradition or Island custom in relation to the detainee.' This definition may be impossible to satisfy in practice in certain regional or remote detention contexts, and the mandatory nature of the obligation with no fallback or waiver mechanism means the inspector could be legally incapable of proceeding with a review involving an Aboriginal or Torres Strait Islander detainee if no such person is available."},{"type":"self_contradicting","section":"sec.17(2) and sec.17(1)(b)","severity":"high","reasoning":"The Act's main purpose (s.3) is to prevent torture and cruel treatment. Yet s.17 mandates a minimum 3-day delay before the inspector can even refer an ongoing torture situation to a responsible Minister, let alone trigger any remedial action. There is no emergency bypass mechanism. The procedural protection afforded to the facility operator is wholly inconsistent with the urgency implied by active torture.","confidence":0.82,"description":"When a detainee 'is being subjected to torture' at a place of detention (a present, ongoing emergency), the inspector is required to issue a formal notice to the responsible officer, wait a minimum of 3 days for a 'show cause' period, consider submissions, and only then may refer the matter to a Minister. This bureaucratic process for responding to active torture is logically absurd given the Act's stated purpose of 'preventing detainees from being subjected to harm, including torture.'"},{"type":"impossible_compliance","section":"sec.8(1)(c)(i)","severity":"low","reasoning":"The mandatory inspection frequency in s.8(1)(c)(i) is unenforceable against the inspector. The inspector cannot be directed (s.10), is an officer of Parliament rather than the executive, and no penalty or mechanism exists to compel the inspector to meet mandatory inspection timelines. The obligation exists in law but is practically unenforceable.","confidence":0.65,"description":"The inspector must inspect 'each youth detention centre at least once every year.' The Act does not specify a consequence, enforcement mechanism, or remedy if the inspector fails to meet this deadline. As the inspector is an officer of Parliament (s.7(2)) and not subject to direction (s.10), there is no superior who can compel compliance, and no penalty is prescribed for the inspector's own failure to perform mandatory functions."},{"type":"self_contradicting","section":"sec.19(1)","severity":"medium","reasoning":"The inspector has unwaivable mandatory obligations on one hand, and a mandatory non-interference obligation with police investigations on the other. If a place of detention is the subject of a police investigation (which may be prolonged), the inspector cannot inspect or review without potentially 'interfering' with the investigation, yet the inspector must still inspect. There is no resolution mechanism for this conflict.","confidence":0.7,"description":"The inspector 'must ensure' their functions do not 'delay, interfere with or duplicate' the functions of a police officer investigating a criminal offence. However, the inspector has mandatory obligations (e.g., inspecting youth detention centres annually under s.8(1)(c)(i), reporting on every review under s.8(1)(e)(i)) that cannot be deferred or waived. If a police investigation is ongoing at a detention facility, strict compliance with s.19(1) would make it impossible to comply with the inspector's own mandatory obligations."},{"type":"self_contradicting","section":"sec.10","severity":"low","reasoning":"The independence guarantee in s.10 is significantly hollowed out by s.19(1), which requires the inspector to subordinate their functions to those of police and a wide range of other statutory actors. While s.10 has a carve-out for 'any other Act or law,' the practical effect is that the inspector's independence is more nominal than real in circumstances where any of the s.19(1) bodies are active.","confidence":0.6,"description":"The inspector is stated to be 'not subject to direction by any person about the way the inspector performs the inspector's functions under this Act,' subject to 'any other Act or law.' However, s.19(1) imposes a binding positive obligation on the inspector to perform functions in a way that defers to police officers and numerous other bodies. This effectively means the inspector IS subject to indirect direction by police officers and other statutory bodies, contradicting the independence guarantee."},{"type":"other","section":"sec.28(4)","severity":"low","reasoning":"The definition of 'information' in s.28(4) as excluding documents is unusual and creates interpretive difficulty within the section itself. The section purports to protect Cabinet proceedings from disclosure but then defines its key term in a way that creates uncertainty about whether protections for documents operate differently from protections for information.","confidence":0.55,"description":"Section 28 is titled to address restrictions on requiring disclosure of information. Subsection (4) defines 'information' for the purposes of the section to 'not include a document.' However, s.28(1)(b) refers to producing or inspecting 'a document' and s.28(3) refers to 'the production of the document or thing.' The restricted definition of 'information' in s.28(4) creates internal ambiguity about the scope of Cabinet privilege protections — if 'information' excludes documents, the references to documents in ss.(1) and (3) operate under a different and undefined framework within the same section."}],"contradictions":[{"severity":"low","section_a":"sec.8(1)(e)(i)","section_b":"sec.8(1)(e)(iii)","confidence":0.65,"description":"Section 8(1)(e)(i) mandates that the inspector must report to the Legislative Assembly on 'each review carried out by the inspector,' while s.8(1)(e)(iii) makes reporting on 'other inspections' (i.e., non-mandatory inspections) discretionary ('as the inspector considers appropriate'). This creates an asymmetry where the inspector has no discretion over reporting reviews but has full discretion over reporting non-mandatory inspections, despite both being routine exercises of the inspector's functions."},{"severity":"low","section_a":"sec.8(4)","section_b":"sec.8(1)(e)(i) and sec.22(1)(a)","confidence":0.58,"description":"Section 8(4) allows the Minister to request the inspector to perform functions under s.8(1)(a) (review or monitor a detention service), but the inspector 'may, but is not required to' comply. However, if the inspector does carry out a review — whether at ministerial request or on own initiative — s.8(1)(e)(i) and s.22(1)(a) mandate reporting to Parliament on every such review. This means a minister can trigger a mandatory parliamentary reporting obligation simply by making a request that the inspector chooses to act on, even where the request was ostensibly discretionary."},{"severity":"medium","section_a":"sec.9(2)","section_b":"sec.9(5) and sec.9(7)","confidence":0.75,"description":"The general obligation to arrange for a suitable person to assist is qualified by 'if appropriate and practicable' (s.9(2)), but the specific obligations for Aboriginal/Torres Strait Islander detainees (s.9(5)) and child detainees (s.9(7)) contain no such qualification. The Act creates two tiers of obligation — qualified (general) and unqualified (specific) — within the same section for what is substantively the same activity (arranging assistance), creating an internal hierarchy that could produce absurd outcomes where qualified general assistance is unavailable but unqualified specific assistance is still legally required."},{"severity":"medium","section_a":"sec.19(1)","section_b":"sec.8(1)(c)(i)","confidence":0.73,"description":"Section 19(1) requires the inspector to perform functions in a way that does not 'delay, interfere with or duplicate' a police officer investigating a criminal offence. Section 8(1)(c)(i) requires the inspector to inspect each youth detention centre at least once every year. If a police investigation is ongoing at a youth detention centre (not an uncommon situation), strict compliance with both provisions simultaneously may be impossible — the mandatory annual inspection would risk interfering with the investigation, while declining to inspect would breach the mandatory frequency obligation."},{"severity":"medium","section_a":"sec.14(2)","section_b":"sec.17(2)","confidence":0.7,"description":"Section 14(2) provides that the inspector 'need not notify' the person in charge of a place of detention of a proposed entry, clearly envisaging unannounced inspections as a key oversight tool. Section 17(2) requires the inspector to give formal notice to the responsible officer before referring a serious matter (including ongoing torture) to a responsible Minister, and to allow a minimum 3-day show cause period. The combination of unannounced entry powers and mandatory pre-referral notice creates an odd regime: the inspector can enter without notice to observe torture, but must then formally notify the very responsible officer of the facility before taking the next step of ministerial referral."},{"severity":"high","section_a":"sec.3(1)(b)","section_b":"sec.17(2)(c)","confidence":0.8,"description":"The main purpose of the Act (s.3(1)(b)) is 'preventing detainees from being subjected to harm, including torture and cruel, inhuman or degrading treatment.' Section 17(2)(c) requires that when the inspector suspects ongoing torture, the inspector must allow the responsible officer 'a stated period of at least 3 days' to 'show cause' before referral. The minimum mandatory delay before any ministerial-level response to suspected active torture directly contradicts the Act's foundational preventive purpose."},{"severity":"medium","section_a":"sec.24(2)","section_b":"sec.26(1)","confidence":0.67,"description":"Section 24(2) requires the inspector to give draft reports to notifiable entities 'at least 6 weeks before giving the report to the Speaker under section 25.' Section 26(1) requires the Speaker to table the report 'on the next sitting day after the Speaker receives the report.' The 6-week pre-disclosure period to notifiable entities (who include the Minister and relevant departmental chiefs) means that the government has mandatory advance knowledge of the report's contents well before Parliament is informed, which undermines the Act's stated purpose of 'independent and transparent reporting' directly to Parliament."},{"severity":"low","section_a":"sec.23(2)(e)","section_b":"sec.3(1)(a) and sec.3(2)(b)","confidence":0.55,"description":"Section 23(2)(e) allows the inspector to withhold from public reports information that would identify 'any person who is, or was, detained at a place of detention.' This means the inspector can suppress identifying information about detainees — potentially including victims of torture or inhumane treatment — on public interest grounds. This sits in tension with the Act's stated purpose of 'promoting and upholding the humane treatment of detainees' through 'independent and transparent reporting,' as the suppression of detainee identification could shield systemic abuses from public scrutiny."}]},"kimi_summary":{"_metrics":{"completionTokens":723},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose. The scope covers all places of detention and detention services as defined in sections 5-6, with appropriate exclusions (such as mental health transport). The reporting, inspection, and confidentiality frameworks all serve the core purpose of independent oversight and humane treatment."},"complexity_factors":["Extensive cross-referencing to other Queensland legislation (Corrective Services Act 2006, Youth Justice Act 1992, Police Service Administration Act 1990, Mental Health Act 2016, etc.)","Multiple nested definitions and conditional exceptions (e.g., 'detention service' definition with specific transport exclusions)","Detailed procedural requirements for reporting, including draft report consultation periods and notifiable entity categories","Complex confidentiality framework with multiple exceptions and consent pathways for adults vs children","Interaction protocols with numerous other oversight bodies (Ombudsman, Health Ombudsman, Human Rights Commissioner, Public Guardian, etc.)","Conditional immunity provisions (section 49) with their own exceptions"],"plain_english_summary":"**What this law does:**\n\nThis Act creates an independent **Inspector of Detention Services** — a watchdog whose job is to make sure people held in Queensland's prisons, youth detention centres, police watch-houses and other places of detention are treated humanely and protected from harm, including torture and cruel treatment.\n\n**Who it affects:**\n- **Detainees** — anyone held in prisons, youth detention centres, watch-houses, work camps or community corrections centres\n- **Government agencies** running these facilities (corrective services, police, youth justice)\n- **Staff and contractors** providing health, education or other services in detention\n\n**Key powers and functions:**\n\n- **Inspections and reviews**: The Inspector can enter any place of detention at any time without notice, inspect all areas, speak privately with detainees, and examine documents and records\n- **Mandatory inspections**: Youth detention centres must be inspected at least yearly; secure prisons and other prescribed facilities at least every 5 years\n- **Reporting**: The Inspector reports to Parliament (the Legislative Assembly) and can make recommendations for law reform or operational changes\n- **Cooperation requirements**: Staff must provide information and assistance; it's an offence (100 penalty units) to obstruct the Inspector or give false information\n- **Special protections for vulnerable detainees**: The Inspector must arrange appropriate support for Aboriginal and Torres Strait Islander detainees, children, people with disabilities, and non-English speakers\n\n**Independence and accountability:**\n- The Inspector is an **officer of Parliament** (not answerable to the government of the day)\n- The Queensland Ombudsman holds the position\n- The Inspector cannot be directed by anyone about how to perform functions\n\n**Confidentiality and information sharing:**\n- Strict confidentiality rules protect detainee information\n- Information can be disclosed in the public interest or with consent\n- Information given to the Inspector generally cannot be used against the person in court (evidential immunity)\n\n**Why it matters:**\nThis creates transparent, independent oversight of Queensland's detention system — aiming to prevent abuses like those exposed in past inquiries (such as the Don Dale Youth Detention Centre incidents) and ensure Australia meets its international human rights obligations."},"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":6,"scope_assessment":{"changed":false,"description":"The Act's operational scope aligns with its stated main purpose (sec.3): promoting humane treatment and preventing harm through inspections, reviews and reporting. Although the definitions and powers deliberately reach beyond custodial staff to include health, education and transport services (secs.5,13), those elements are part of the Act’s defined scope rather than an apparent expansion beyond stated purpose. There is no text in the supplied version that indicates the Act grew beyond its original stated purpose; rather, it implements that purpose with a relatively broad but internally consistent set of powers, confidentiality safeguards and reporting obligations (see secs.3,5,8,13,21–26)."},"complexity_factors":["Multiple cross‑references to other Acts (explicitly references at least 12 other instruments including Corrective Services Act 2006, Mental Health Act 2016, Police Service Administration Act 1990, Hospital and Health Boards Act 2011, Youth Justice Act 1992, Human Rights Act 2019, Ombudsman Act 2001, Public Guardian Act 2014) (see secs.5,8,13,19,27,29,33).","Definitions distributed across the Act and a separate Schedule 1 (sec.4 and schedule reference), increasing the need to consult the dictionary for core terms.","Several nested exceptions and carve‑outs around confidentiality, admissibility and compulsory disclosure (secs.28,30–32,49), including interactions with Cabinet secrecy and Attorney‑General certificates (sec.28).","Multiple statutory duties with timing and consultation steps (annual report deadline by 31 October — sec.21; draft report to notifiable entities at least 6 weeks before tabling — sec.24; tabling obligations — secs.25–26).","Compulsory powers and penalties (requirements to give information, attend and answer questions with maximum penalties of up to 100 penalty units in multiple sections — secs.12,16), plus evidential immunity mechanics (sec.49).","Broad discretionary powers vested in the Inspector (\"necessary or convenient\" powers — sec.11; discretion to inspect at any time — sec.14; public interest disclosure decisions — sec.31) resulting in conditional complexity in practice.","Delegation and administrative control rules that restrict delegation of specific reporting functions and link to Ombudsman delegation rules (secs.33,36), plus staffing and identity card rules (secs.34–37,45–47).","Reporting and coordination obligations to avoid duplication with other oversight bodies, but also permissive referral and arrangement powers that create multiple procedural pathways (secs.19–20).","Specific provisions addressing vulnerable groups and culturally appropriate assistance during inspections (sec.9) which introduce additional procedural layers (interpreters, appropriate Indigenous representatives, child trauma experts).","Conflicting policy aims to increase transparency while protecting security and privacy (public interest tests in secs.23,31), requiring substantive balancing judgments."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes an independent Inspector of Detention Services as an officer of Parliament (sec.7). The Ombudsman is appointed to be the Inspector (sec.33).\n- Gives the Inspector broad review and inspection powers over \"detention services\" and \"places of detention\" (defined in secs.5–6), including unannounced entry, access to all parts, inspection, filming, private interviews, and copying documents (secs.14–15).\n- Requires the Inspector to inspect each youth detention centre at least once a year and certain prisons and other prescribed places at least once every five years (sec.8(1)(c)).\n- Gives the Inspector power to require information and attendance from persons believed able to help a review (secs.12, 16), and to request information from health and education authorities and other service providers (sec.13). Non‑compliance can attract penalties (secs.12,16).\n- Sets out reporting duties: annual operations report to the Speaker and Minister (with a tabling requirement) and individual reports on reviews and mandatory inspections, with consultation steps for affected entities before tabling (secs.21–26).\n- Creates confidentiality rules and limits on use of confidential information obtained by the Inspector (secs.29–32), while also authorising disclosure where necessary for the Inspector’s functions or in the public interest (secs.27, 30–31). It also provides evidential immunity for persons who comply with compelled information requests (sec.49).\n- Prohibits reprisals against people who provide information to the Inspector and makes reprisals a criminal offence (secs.40–41). It also criminalises giving materially false information and obstructing an official (secs.42–43).\n- Allows the Inspector to consult, engage or bring in experts, community representatives or former detainees to assist reviews and inspections, and to enter arrangements with other oversight bodies and service providers to avoid duplication (secs.9,18–20,38).\n- Provides administrative details: delegation rules, identity cards for officers, security considerations, a five‑year formal review of the Act, and regulation‑making power (secs.36,45–50,51).\n\n\nWhy the law says it exists (official rationale)\n\n- The Act’s stated main purpose is to promote improvement of detention services and places of detention by focusing on humane treatment and preventing harm to detainees, including torture and cruel, inhuman or degrading treatment, through review/inspection and independent, transparent reporting (sec.3).\n\n\nHow it achieves that purpose, and what that means in practice\n\n- Oversight and transparency: the Inspector can inspect facilities, require information, prepare standards and publish reports to Parliament (secs.8,15,21–26). That creates a formal reporting chain and public visibility into conditions and service delivery.\n- Targeted frequency: the Act mandates frequent scrutiny of youth detention (annual) and periodic inspection of secure prisons and other prescribed places (5‑year cycles) (sec.8(1)(c)).\n- Inclusive scope: \"detention services\" explicitly covers operations, care (including health and education) and transport of detainees, and the Act authorises requests for information from hospital/health and education agencies (secs.5,13). That means oversight reaches contractors and non‑custodial service providers as well as custodial staff.\n- Confidentiality and disclosure balance: the Act protects confidential and sensitive information and limits its admissibility in legal proceedings (secs.29–32), while also permitting disclosure when necessary for the Inspector’s work or where in the public interest, subject to public‑interest balancing and notice rules (secs.23,30–31). This allows publication of findings while seeking to protect safety, security and identities.\n\n\nCosts, incentives and trade‑offs (practical effects)\n\n- Who pays / who bears administrative cost: the Ombudsman’s office (as Inspector) will carry out work and need resources (sec.33–35). Government budgets must fund inspections, reporting, specialist engagement, and any follow‑up.\n- Compliance burden on providers: corrective services, police/watch‑houses, youth justice agencies, health and education service providers, and private contractors will need to provide access, documents and personnel, potentially at short notice (secs.12–16,14–15). There are penalties for failing to comply (secs.12,16) and limited protection against self‑incrimination but evidential immunity for compelled disclosures (sec.49).\n- Effects on private operators and contractors: because the Act covers health, education and transport services supplied to detainees (secs.5,13), private service providers engaged by the State must cooperate with reviews and may face additional compliance costs and scrutiny. The Act does not directly regulate commercial contract terms or prices, but oversight may change operational costs and contract obligations in practice.\n- Bureaucratic discretion and centralisation of oversight: the Inspector has wide powers to decide what to inspect, when, and what to publish (secs.8,11,31). That central discretion concentrates decision‑making in the Inspector (statutorily the Ombudsman — sec.33), though the Inspector must avoid duplicating other statutory investigations and may enter coordination arrangements (sec.19). Those coordination obligations reduce the risk of overlapping, but practical overlap and timing issues remain an implementation risk.\n- Impact on speech and privacy: the Act enables publication of criticisms and findings (secs.21–22,31) but imposes specific public‑interest confidentiality tests to avoid disclosures that could harm security, safety or identify vulnerable people (secs.23,28). Confidential material acquired under the Act is largely protected from legal process and evidence use (sec.32), which encourages candid disclosures to the Inspector but limits downstream legal use of that material.\n\n\nImplementation risks and practical frictions\n\n- Resourcing and timetables: mandated inspection frequencies (especially annual youth‑detention inspections) create predictable workloads; if the Ombudsman’s office is under‑resourced, inspections may be delayed or less thorough (sec.8(1)(c), sec.21).\n- Cooperation vs. enforcement: the Inspector can compel information and attendance with penalties (secs.12,16), but real‑world compliance depends on relationships with prison services, police and health agencies; formal penalties may be a last resort and could strain cooperation.\n- Overlap with other oversight bodies: the Act requires the Inspector to avoid duplication (sec.19) and allows referral arrangements with other entities (sec.20), but practical coordination will matter to avoid conflicting findings or duplicated investigative effort.\n\n\nWho decides, who changes behaviour\n\n- Decision‑maker: the Inspector (the Ombudsman) chooses reviews, inspects, and decides publication subject to statutory constraints (secs.7,8,31). Ministers may request action but the Inspector is not compelled to follow ministerial directions (sec.8(4); sec.10).\n- Behaviour changes expected: custodial authorities and contracted service providers will be incentivised to improve record‑keeping, compliance with standards, and cooperate with inspections to avoid adverse findings. Staff may change trade‑offs around reporting incidents if protections against reprisals are effective (secs.40–41).\n\n\nConcrete legal constraints and noteworthy mechanics (with sections cited)\n\n- Inspector is independent from direction in carrying out functions (sec.10).\n- The Inspector may enter places of detention without notice and require access to all areas, equipment, detainees and documents (secs.14–15).\n- Information compelled under notice must generally be provided even if it may incriminate the person, but evidential immunity applies to such compelled disclosures (secs.12,16,49).\n- Confidential information obtained by the Inspector is protected from compelled disclosure and is inadmissible in proceedings (sec.32). At the same time, the Inspector may disclose material where necessary for functions or in the public interest, after applying public‑interest balancing (secs.30–31,23).\n- The Inspector must give draft mandatory inspection/review reports to affected \"notifiable entities\" at least 6 weeks before tabling, and those entities may make submissions that must be considered and included or reflected in the final report (sec.24).\n\n\nBottom line (practical summary)\n\n- The Act creates a statutorily independent parliamentary Inspector with strong, wide powers to review and inspect detention facilities and services (including non‑custodial services like health, education and transport), to require information, and to report publicly to Parliament (secs.7–15,21–26; secs.5,13). It balances transparency with confidentiality protections and limited evidential immunity. The main operational costs and behavioural effects fall on the Ombudsman’s office (to run inspections) and on detention service providers (to comply and respond), while the Act aims to produce public reports and recommendations to improve detainee treatment (sec.3)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act closely reflects its stated main purpose: establishing an independent Inspector to promote humane treatment of detainees and prevent harm through facility reviews, inspections, and transparent Parliamentary reporting. The scope is broad but consistent — it covers all major categories of Queensland detention (prisons, youth detention, watch-houses, work camps, community corrections centres) and builds in strong cultural safety and vulnerable person protections. There is no evidence of scope creep from original intent; the detailed cross-referencing and information-sharing provisions are functional measures to operationalise the oversight role rather than expansions of purpose."},"complexity_factors":["Extensive cross-referencing to at least 15 other Queensland and Commonwealth Acts (Corrective Services Act, Youth Justice Act, Mental Health Act, Police Service Administration Act, Human Rights Act, Ombudsman Act, Hospital and Health Boards Act, etc.), requiring readers to consult multiple statutes to fully understand rights and obligations","Multiple overlapping and tiered definitions (e.g., 'confidential information' is defined by reference to four separate Acts; 'detention service' has layered inclusions and exclusions)","Complex information disclosure regime with different rules depending on whether the subject is an adult, a child, an Aboriginal/Torres Strait Islander person, a person with disability, or a person unable to consent","Nuanced interplay between the Inspector's independence and the roles of multiple Ministers ('responsible Minister', 'relevant responsible Minister', 'the Minister') creating potential ambiguity","Mandatory vs discretionary functions are interwoven with numerous conditions and qualifications (e.g., s.8 inspection frequency obligations, show-cause procedures under s.17)","Public interest balancing test for confidentiality in reports (s.23) involves multi-factor weighing with explicit exclusions, requiring legal judgment","Penalty provisions with a self-incrimination carve-out (persons must answer questions even if answers may incriminate them, but use-immunity applies elsewhere in the Act) — a legally technical distinction","Institutional architecture is complex: the Inspector is an officer of Parliament but is supported by the Ombudsman's office, creating an unusual hybrid governance model","Reporting pipeline involves multiple actors (Inspector → Speaker → Clerk of Parliament → Legislative Assembly) with precise timing obligations"],"plain_english_summary":"The Act creates an independent Inspector of Detention Services — an officer of Parliament tasked with unannounced inspections, private interviews, document seizure, photography and compelling answers — to oversee treatment and conditions in prisons, youth detention, watch-houses and community corrections. It mandates regular inspections, requires cultural and vulnerability safeguards (including Indigenous and child advocates), guarantees public reporting to Parliament, and protects the Inspector’s operational independence to strengthen accountability and prevent abuse."}},"importantCases":[],"_links":{"self":"/api/acts/inspector-of-detention-services-act-2022","history":"/api/acts/inspector-of-detention-services-act-2022/history","analysis":"/api/acts/inspector-of-detention-services-act-2022/analysis","conflicts":"/api/acts/inspector-of-detention-services-act-2022/conflicts","importantCases":"/api/acts/inspector-of-detention-services-act-2022/important-cases","documents":"/api/acts/inspector-of-detention-services-act-2022/documents"}}