{"id":"a-2018-3","name":"Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018","slug":"monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2018","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"3 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23950,"registerId":"act-a-2018-3-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMonitoring of Places of Detention\n(Optional Protocol to the Convention\nAgainst Torture) Act 2018\nA2018-3\nRepublication No 2\nEffective: 18 September 2024\nRepublication date: 18 September 2024\nLast amendment made by A2024-41\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Monitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Act 2018 (including any amendment made under the Legislation\nAct 2001, part 11.3 (Editorial changes)) as in force on 18 September 2024. It also includes any\ncommencement, amendment, repeal or expiry affecting this republished law to\n18 September 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMonitoring of Places of Detention\n(Optional Protocol to the Convention\nAgainst Torture) Act 2018\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Meaning of detaining authority 3\n6A Responsible entities for places of detention 4\n7 Meaning of place of detention 4\n8 Relationship to other laws 5\n\nContents\nPage\ncontents 2 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1A ACT National Preventive Mechanism\nDivision 1A.1 Preliminary\n8A Object—pt 1A 6\n8B Definitions—pt 1A 6\nDivision 1A.2 Establishment and functions of NPM\n8C ACT National Preventive Mechanism established 7\n8D Functions of the NPM 7\n8E Functions of the NPM—guidelines 7\n8F Independence of NPM 8\n8G Arrangements for staff 9\n8H Consultants and contractors 9\n8I Delegation 9\nDivision 1A.3 Examination of treatment of detainees in places of\ndetention\n8J Inspection of place of detention 9\n8K Access to place of detention and things in place of detention 10\n8L Access to detainees and other people 11\n8M Access to information, documents and other things 12\n8N Anyone may provide information, documents and other things 13\n8O NPM may keep document or other thing 13\nDivision 1A.4 Recommendations and reporting about treatment of\ndetainees in places of detention\n8P Treatment of detainees in places of detention—recommendations and\nobservations 14\n8Q Treatment of detainees in places of detention—preparation of report 14\n8R Treatment of detainees in places of detention—publication etc of final\nreport 16\nDivision 1A.5 Information secrecy and sharing\n8S Secrecy 17\n8T Laws preventing etc providing information, documents and other\nthings do not apply 20\n8U Referral to investigative entity 20\n8V Publishing etc adverse comment 21\n\nContents\nPage\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 1A.6 Miscellaneous\n8W Identification of NPM 21\n8X Review—pt 1A 22\nPart 2 Visits by subcommittee\n9 Object––pt 2 23\n10 Ministerial arrangements 23\n11 Duties of responsible entities for places of detention 24\n12 Subcommittee’s access to places of detention 24\n13 Access to information 26\n14 Subcommittee may interview detainees and other people 27\nPart 3 Miscellaneous\n17 Directions of responsible Minister 28\n17A Protection against actions etc 28\n17B Protection against reprisals 28\n17C Protection of officials from liability 30\n18 Regulation-making power 31\nDictionary 32\nEndnotes\n1 About the endnotes 35\n2 Abbreviation key 35\n3 Legislation history 36\n4 Amendment history 36\n5 Earlier republications 40\n\n\n\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMonitoring of Places of Detention\n(Optional Protocol to the Convention\nAgainst Torture) Act 2018\nAn Act to enable the Optional Protocol to the Convention against Torture and\nother Cruel, Inhuman or Degrading Treatment or Punishment to be given effect\nwithin the ACT\n\nPart 1 Preliminary\nSection 1\npage 2 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Monitoring of Places of Detention (Optional Protocol\nto the Convention Against Torture) Act 2018.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘place of detention—see section 7.’\nmeans that the term ‘place of detention’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Meaning of detaining authority\n(1) In this Act:\ndetaining authority, for a place of detention––\n(a) means the entity in charge of the place of detention; and\n(b) includes any entity responsible for the day-to-day care, control,\nhealth and safety of detainees in the place of detention.\n(2) For this Act, an entity engaged by, or on behalf of, a detaining\nauthority or the Territory to provide services to detainees in a place\nof detention as, or on behalf of, a detaining authority or the Territory\nis taken to be a detaining authority.\nExamples\n1 a non-government organisation contracted to provide education services on\nbehalf of the detaining authority\n2 the provision of health services to detainees at a place of detention by a\ndifferent administrative unit to the one that is responsible for the place of\ndetention\n\nPart 1 Preliminary\nSection 6A\npage 4 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6A Responsible entities for places of detention\n(1) In this Act:\nresponsible entity, for a place of detention—each of the following is\na responsible entity for a place of detention:\n(a) the responsible Minister for the place of detention;\n(b) the responsible director-general for the place of detention;\n(c) the detaining authority for the place of detention.\n(2) If a responsible entity is required to do a thing under this Act in\nrelation to a place of detention and the particular responsible entity is\nnot stated for the requirement—\n(a) any responsible entity for the place of detention may do the\nthing; and\n(b) if the responsible Minister for the place of detention does not do\nthe thing—the responsible Minister must ensure the thing is\ndone.\n7 Meaning of place of detention\nIn this Act:\nplace of detention, means any place that the NPM or subcommittee\nmust be allowed to visit under the Optional Protocol, article 4, that is\nsubject to the jurisdiction and control of the Territory.\nNote Under the Optional Protocol, art 4, the Territory must allow visits to any\nplace under its jurisdiction and control and in which people are or may\nbe involuntarily deprived of their liberty.\n\nPreliminary Part 1\nSection 8\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Relationship to other laws\nA provision of another territory law that prevents or limits the\nexercise of any function by the NPM or subcommittee, in relation to\na detainee or place of detention under this Act, has no effect to the\nextent of any inconsistency with this Act.\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.1 Preliminary\nSection 8A\npage 6 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1A ACT National Preventive\nMechanism\nDivision 1A.1 Preliminary\n8A Object—pt 1A\nThe object of this part is to enable the NPM to be established and\nmaintained to fulfil the mandate set out in the Optional Protocol,\npart IV.\n8B Definitions—pt 1A\nIn this part:\nCommonwealth Ombudsman means the person appointed under the\nOmbudsman Act 1976 (Cwlth), section 21.\ncustodial inspector means the custodial inspector appointed under the\nCustodial Inspector Act 2017, section 9.\ninvestigative entity means an entity with power to require the\nproduction of documents or the answering of questions including, for\nexample, the chief police officer, the human rights commission, the\nombudsman, the custodial inspector and the integrity commissioner.\nNPM coordinator means the Commonwealth Ombudsman or another\nentity on which the function of the National Preventive Mechanism\nCoordinator is conferred from time to time.\nNote See the Ombudsman Regulations 2017 (Cwlth), s 17 (1).\nstaff of the NPM means—\n(a) any public servant or person mentioned in section 8G; and\n(b) any consultants and contractors engaged under section 8H.\n\nACT National Preventive Mechanism Part 1A\nEstablishment and functions of NPM Division 1A.2\nSection 8C\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 1A.2 Establishment and functions of NPM\n8C ACT National Preventive Mechanism established\n(1) The ACT National Preventive Mechanism is established.\n(2) The NPM is comprised of each entity prescribed by regulation.\n8D Functions of the NPM\nThe NPM has the following functions:\n(a) to improve the treatment and conditions of detainees in places\nof detention, and to strengthen the protection of detainees\nagainst torture and other cruel, inhuman or degrading treatment\nor punishment, by doing the following:\n(i) examining the treatment of detainees in places of\ndetention;\n(ii) making recommendations and observations to responsible\nentities for places of detention;\n(iii) submitting proposals and observations concerning existing\nor draft legislation that relates to detainees or places of\ndetention;\n(b) any other function given to the NPM under this Act or another\nterritory law.\n8E Functions of the NPM—guidelines\n(1) The NPM must make guidelines about the way in which it exercises\nits functions.\n(2) The guidelines must be consistent with, and reasonably appropriate\nand adapted for implementing, the Optional Protocol.\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.2 Establishment and functions of NPM\nSection 8F\npage 8 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The guidelines must provide for procedures of the NPM, including—\n(a) how the NPM identifies matters that require particular care or\nsensitivity when carrying out an examination of the treatment of\ndetainees in places of detention or in a particular place of\ndetention; and\n(b) how the NPM works with the NPM coordinator, the\nsubcommittee and investigative entities; and\n(c) anything else prescribed by regulation.\n(4) The guidelines may include any other procedures of the NPM,\nincluding how the NPM works with responsible entities for places of\ndetention to improve the treatment and conditions of detainees in\nplaces of detention.\n(5) Before making the guidelines, the NPM must—\n(a) consult with the responsible directors-general for each place of\ndetention and the chief police officer; and\n(b) consider any recommendations or advice received during the\nconsultation undertaken under paragraph (a).\n(6) The guidelines are a notifiable instrument.\n(7) The guidelines must be made available on the NPM’s website.\n8F Independence of NPM\n(1) The NPM is not subject to the direction of anyone else in relation to\nthe exercise of a function under this Act.\n(2) Staff of the NPM, in relation to the exercise of a function under\nthis Act, are not subject to the direction of anyone except—\n(a) the NPM; or\n(b) another member of staff of the NPM who is authorised by the\nNPM to give the direction.\n\nACT National Preventive Mechanism Part 1A\nExamination of treatment of detainees in places of detention Division 1A.3\nSection 8G\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) No-one may require the NPM or staff of the NPM to act other than\nindependently and impartially in the exercise of a function under\nthis Act.\n8G Arrangements for staff\nThe NPM may arrange with the head of service to use the services of\nthe following:\n(a) a public servant;\n(b) a person prescribed by regulation.\n8H Consultants and contractors\n(1) The NPM may engage consultants and contractors.\n(2) However, the NPM must not enter into a contract of employment\nunder this section.\n8I Delegation\nThe NPM may delegate a function under this Act to a member of staff\nof the NPM.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\nDivision 1A.3 Examination of treatment of detainees\nin places of detention\n8J Inspection of place of detention\n(1) In examining the treatment of detainees in a place of detention, the\nNPM may, at any time, visit a place of detention to inspect the place\nof detention.\n(2) The NPM may, but need not, give the detaining authority for the place\nof detention notice of a visit.\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.3 Examination of treatment of detainees in places of detention\nSection 8K\npage 10 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The NPM may give notice of a visit by making a schedule of the dates\non which it intends to visit a place of detention publicly available.\n(4) The NPM may, in visiting a place of detention, take into the place any\nequipment reasonably required to effectively carry out an inspection\nof the place.\nExamples—equipment reasonably required\n1 a recording device\n2 a camera\n8K Access to place of detention and things in place of\ndetention\n(1) This section applies if the NPM visits a place of detention to inspect\nthe place of detention.\n(2) A responsible entity for a place of detention must ensure that the NPM\nis given unrestricted access to the following:\n(a) all parts of the place of detention;\n(b) any vehicle or equipment used in the place of detention;\n(c) all documents or other things in the place of detention that the\nNPM reasonably believes it requires access to in examining the\ntreatment of detainees in the place.\n(3) However, a responsible entity for the place of detention may refuse\naccess by the NPM to all or part of a place of detention—\n(a) on 1 or more of the following grounds:\n(i) national security;\n(ii) a risk to public safety;\n(iii) a natural disaster;\n(iv) a serious disorder in the place of detention; and\n\nACT National Preventive Mechanism Part 1A\nExamination of treatment of detainees in places of detention Division 1A.3\nSection 8L\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) only if the circumstances of the grounds mentioned in\nparagraph (a)—\n(i) are urgent and compelling; and\n(ii) temporarily prevent access by the NPM.\n(4) The existence of a state of emergency is not in itself a reason for a\nrefusal under subsection (3).\n(5) A refusal under subsection (3) must—\n(a) be made in writing; and\n(b) include a statement of reasons for the refusal; and\n(c) if practicable and reasonable, set out when the access will be\nallowed.\n(6) In this section:\nstate of emergency means—\n(a) a state of emergency declared under the Emergencies Act 2004,\nsection 156; or\n(b) an emergency declared under the Public Health Act 1997,\nsection 119.\n8L Access to detainees and other people\n(1) In examining the treatment of detainees in a place of detention, the\nNPM may, either personally or through an interpreter, speak to, or\nprivately interview, any detainee or other person in the place.\n(2) However, a detainee or other person has a right to refuse to speak to,\nor be privately interviewed by, the NPM.\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.3 Examination of treatment of detainees in places of detention\nSection 8M\npage 12 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A responsible entity for the place of detention must ensure that the\nNPM is—\n(a) given reasonable assistance to speak to, or privately interview, a\ndetainee or other person; and\n(b) able to speak to, or privately interview, a detainee or other\nperson at any time.\n(4) A support person nominated by a detainee or other person may be\npresent during the interview at their request and with the agreement\nof the NPM.\n(5) No responsible entity may, without the approval of the detainee or\nother person, read, copy or remove any correspondence—\n(a) from a detainee or other person to the NPM; or\n(b) from the NPM to the detainee or other person.\n(6) In this section:\nprivately interview means speaking with a person without the\npresence of any other person and without audio surveillance by\nelectronic or other means.\n8M Access to information, documents and other things\n(1) This section applies if the NPM believes on reasonable grounds that\nan entity can provide information or produce a document or\nsomething else relevant to its examination of the treatment of\ndetainees in a place of detention.\nExamples—information relevant to examination of the treatment of detainees\n1 the number of detainees in a place of detention\n2 the conditions of detention applying to detainees\n3 the number or location of places of detention\n(2) The NPM may, by written notice given to the entity, require the entity\nto provide the information or produce the document or other thing.\n\nACT National Preventive Mechanism Part 1A\nExamination of treatment of detainees in places of detention Division 1A.3\nSection 8N\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The Territory must not prevent or obstruct the provision of the\ninformation or the production of the document or other thing under\nthis section, even if the Territory would be entitled to do so if the\nexamination were a legal proceeding.\n8N Anyone may provide information, documents and other\nthings\nAn entity that has information, a document or something else it\nbelieves is relevant to the NPM’s examination of the treatment of\ndetainees in a place of detention may provide or produce it to the\nNPM on its own initiative at any time.\nExamples—entity\n1 a responsible entity\n2 an investigative entity\n3 the subcommittee\n4 the NPM coordinator\n5 an entity that exercises a function under a law of a State, corresponding or\nsubstantially corresponding to a function of the NPM\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n8O NPM may keep document or other thing\n(1) If a document or something else is given to the NPM under\nsection 8M or section 8N, the NPM may, for a period that is necessary\nfor the NPM’s consideration to which the document or thing relates—\n(a) take possession of, make copies of, or take extracts from, the\ndocument or take possession of the thing; and\n(b) keep the document or thing.\n(2) During the period mentioned in subsection (1), the NPM must allow\nanyone who would be entitled to inspect the document or thing, if it\nwere not in the possession of the NPM, to inspect it and, for a\ndocument, make copies of, or take extracts from, it.\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.4 Recommendations and reporting about treatment of detainees in places of\ndetention\nSection 8P\npage 14 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) At the end of the period mentioned in subsection (1), the NPM must\nreturn a document or thing.\nDivision 1A.4 Recommendations and reporting\nabout treatment of detainees in places\nof detention\n8P Treatment of detainees in places of detention—\nrecommendations and observations\nFollowing an examination of the treatment of detainees in a place of\ndetention under division 1A.3, the NPM may make a\nrecommendation or observation—\n(a) to any entity the NPM considers appropriate to respond to the\nrecommendation or observation made; and\n(b) in a way the NPM considers appropriate.\n8Q Treatment of detainees in places of detention—\npreparation of report\n(1) Following an examination of the treatment of detainees in a place of\ndetention under division 1A.3, the NPM may prepare a report about\nthe following:\n(a) the examination;\n(b) any recommendation or observation made under section 8P in\nrelation to the examination;\n(c) any steps that have been or are proposed to be taken in relation\nto the recommendation or observation made under section 8P.\n(2) The NPM may give a copy of the draft report to any responsible entity\nfor the place of detention.\n\nACT National Preventive Mechanism Part 1A\nRecommendations and reporting about treatment of detainees in places of\ndetention\nDivision 1A.4\nSection 8Q\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the NPM gives a copy of the draft report to a responsible entity, the\nNPM—\n(a) may invite the entity to give comments on the copy of the draft\nreport within a reasonable period; and\n(b) must consider any comments given by the entity under\nparagraph (a).\n(4) The NPM may also give a copy of the draft report or a copy of part\nof the draft report to any other entity the NPM is satisfied has a direct\ninterest in the draft report.\n(5) However, if the NPM gives a copy of the draft report or a copy of part\nof the draft report to an entity that is a non-public sector entity under\nsubsection (4), the NPM must first do the things mentioned in\nsubsections (2) and (3) with—\n(a) each responsible entity mentioned in the report; and\n(b) each responsible entity that is, or is likely to be, directly affected\nby the report; and\n(c) any other responsible entity prescribed by regulation.\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters, and to make\na regulation that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n(6) In this section:\nnon-public sector entity—see the Auditor-General Act 1996,\nsection 13B.\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.4 Recommendations and reporting about treatment of detainees in places of\ndetention\nSection 8R\npage 16 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8R Treatment of detainees in places of detention—\npublication etc of final report\n(1) The NPM may do the following with a report prepared under\nsection 8Q:\n(a) give the report to a responsible entity for the place of detention\nmentioned in the report;\n(b) publish the report;\n(c) give the report to the Speaker to table in the Legislative\nAssembly;\n(d) give the report to any other entity.\n(2) However, before the NPM does a thing mentioned in\nsubsection (1) (b), (c) or (d), the NPM must do the things mentioned\nin section 8Q (2) and (3) with—\n(a) each responsible entity mentioned in the report; and\n(b) each responsible entity that is, or is likely to be, directly affected\nby the report; and\n(c) any other responsible entity prescribed by regulation.\nNote If the report contains an adverse comment in relation to an entity the NPM\nmust also give the entity a reasonable opportunity to respond to the\nproposed comment (see s 8V).\n(3) If the Legislative Assembly is sitting when the NPM gives a report to\nthe Speaker, the Speaker must present the report to the Legislative\nAssembly within 5 sitting days after receiving the report.\n(4) If the Legislative Assembly is not sitting when the NPM gives the\nreport to the Speaker—\n(a) the report is taken to have been presented to the Legislative\nAssembly on the day the NPM gives it to the Speaker (the report\nday); and\n\nACT National Preventive Mechanism Part 1A\nInformation secrecy and sharing Division 1A.5\nSection 8S\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the Speaker must arrange for a copy of the report to be given to\neach member of the Legislative Assembly on the report day; and\n(c) the Speaker must present the report to the Legislative\nAssembly—\n(i) on the next sitting day; or\n(ii) if the next sitting day is the first meeting of the Legislative\nAssembly after a general election of members of the\nAssembly—on the second sitting day after the election.\n(5) In this section:\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; and\n(b) if both the Speaker and Deputy Speaker are unavailable—\nthe clerk of the Legislative Assembly.\nunavailable—the Speaker or Deputy Speaker is unavailable if—\n(a) they are absent from duty; or\n(b) there is a vacancy in the office of Speaker or Deputy Speaker.\nDivision 1A.5 Information secrecy and sharing\n8S Secrecy\n(1) A person to whom this section applies commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.5 Information secrecy and sharing\nSection 8S\npage 18 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person—\n(i) does something that discloses protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndisclosed to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Subsection (1) (a) does not apply if the record of protected\ninformation about the person is made—\n(a) with the person’s consent; or\n(b) under this Act or another territory law; or\n(c) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law.\n(3) Subsection (1) (b) does not apply if the protected information about\nthe person is disclosed—\n(a) with the person’s consent; or\n(b) under this Act or another territory law; or\n(c) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law; or\n(d) for protected information that is information other than\nidentifying information—to a permitted information recipient;\nor\n\nACT National Preventive Mechanism Part 1A\nInformation secrecy and sharing Division 1A.5\nSection 8S\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) for protected information that is identifying information—\n(i) to a permitted information recipient; and\n(ii) by the NPM or a member of staff of the NPM; and\n(iii) in circumstances where the NPM is satisfied the disclosure\nis necessary and reasonable in the public interest.\n(4) A person to whom this section applies must not publish protected\ninformation about a person that is identifying information about the\nperson.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(5) Subsection (4) does not apply if the protected information about the\nperson is published with the person’s consent.\n(6) A person to whom this section applies must not be compelled to\ndisclose protected information to a court or produce a document\ncontaining protected information to a court.\n(7) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\nidentifying information, about a person, means information that—\n(a) identifies the person; or\n(b) allows the person’s identity to be worked out.\npermitted information recipient means—\n(a) a responsible entity; or\n(b) the subcommittee; or\n(c) the NPM coordinator; or\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.5 Information secrecy and sharing\nSection 8T\npage 20 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) an entity that exercises a function under a law of a State,\ncorresponding or substantially corresponding to a function of the\nNPM.\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\nperson to whom this section applies means a person who exercises,\nor has exercised, a function under this Act.\nprotected information means information about a person that is\ndisclosed to, or obtained by, the NPM because of the exercise of a\nfunction by the NPM or a member of staff of the NPM under this Act.\n8T Laws preventing etc providing information, documents\nand other things do not apply\n(1) This section applies if an entity provides information or produces a\ndocument or something else to the NPM because they believe it is\nrelevant to the exercise of the NPM’s functions.\n(2) A provision of another territory law that prevents or limits the\nprovision of the information or the production of the document or\nthing has no effect.\n8U Referral to investigative entity\n(1) This section applies if the NPM reasonably believes that a matter\nraised by, or in the course of, the exercise of its functions can be more\nappropriately dealt with by another investigative entity or an official\nvisitor.\n(2) The NPM may decide to refer the matter together with any relevant\ndocuments, information or other things in the NPM’s possession or\ncontrol, to an investigative entity or an official visitor.\n(3) However, the referral must not include identifying information about\nan individual unless—\n(a) the individual has given consent; or\n\nACT National Preventive Mechanism Part 1A\nMiscellaneous Division 1A.6\nSection 8V\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the NPM is satisfied that referring the matter is necessary and\nreasonable in the public interest.\n(4) Nothing in this section requires the investigative entity or official\nvisitor to deal with the referred matter.\n(5) The NPM may enter into arrangements with an investigative entity or\nan official visitor about the referral of matters under this section.\n(6) In this section:\nidentifying information—see section 8S (7).\nmatter includes part of a matter.\n8V Publishing etc adverse comment\n(1) The NPM must not publish an adverse comment in relation to an\nentity, unless the NPM has given the entity a reasonable opportunity\nto respond, orally or in writing, to the proposed comment.\n(2) The NPM must also not do a thing mentioned in section 8R (1)\n(Treatment of detainees in places of detention—publication etc of\nfinal report) in relation to a report that contains an adverse comment\nin relation to an entity, unless the NPM has given the entity a\nreasonable opportunity to respond, orally or in writing, to the\nproposed comment.\nDivision 1A.6 Miscellaneous\n8W Identification of NPM\nIn exercising a function under this Act in relation to a person, the\nNPM must, as far as it is practicable and reasonable, make it clear to\nthe person that the function is being exercised by the NPM under\nthis Act.\n\nPart 1A ACT National Preventive Mechanism\nDivision 1A.6 Miscellaneous\nSection 8X\npage 22 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8X Review—pt 1A\n(1) The Minister must review the operation of this part as soon as\npracticable after the end of its 2nd year of operation.\n(2) The Minister must present a report of the review to the Legislative\nAssembly within 12 months after the day the review is started.\n(3) This section expires 5 years after the day it commences.\n\nVisits by subcommittee Part 2\nSection 9\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Visits by subcommittee\n9 Object––pt 2\nThe object of this part is to enable the subcommittee to fulfil the\nmandate set out in the Optional Protocol, article 11 (1) (a) so far as it\nrelates to places of detention.\n10 Ministerial arrangements\n(1) The Minister may enter into arrangements (Ministerial\narrangements) with the Commonwealth Attorney-General to\nfacilitate the subcommittee’s exercise of its functions in accordance\nwith the Optional Protocol within the ACT under this Act.\n(2) Without limiting subsection (1), a Ministerial arrangement may be\nmade in relation to the following:\n(a) the care, direction, control and management of detainees or\nother people within places of detention;\n(b) the safety and security of places of detention;\n(c) access to, and disclosure of, information;\n(d) publication of information;\n(e) the privacy of individuals or their rights to the confidentiality of\npersonal information about them;\n(f) the special needs of children and other vulnerable people;\n(g) urgent and compelling risks to public health caused by outbreaks\nof infectious diseases.\n(3) A Ministerial arrangement must be consistent with, and reasonably\nappropriate and adapted for implementing, the Optional Protocol.\n\nPart 2 Visits by subcommittee\nSection 11\npage 24 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A detaining authority has, and may exercise, the functions necessary,\nunder the relevant Ministerial arrangements, to give effect to the\nOptional Protocol.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(5) The Minister may enter into arrangements with the Commonwealth\nAttorney-General for the exercise of functions under this Act in\nrelation to places of detention and detainees under the control and\njurisdiction of the Commonwealth.\n11 Duties of responsible entities for places of detention\n(1) This section applies if the subcommittee requests access to a place of\ndetention.\n(2) A responsible entity for the place of detention must ensure that the\nsubcommittee and any accompanying expert or assistant are given\naccess to, and are able to exercise their functions in accordance with\nthe Optional Protocol in, the place of detention.\n(3) In this section:\nassistant means a person appointed under the Ministerial\narrangements to assist the subcommittee.\n12 Subcommittee’s access to places of detention\n(1) This section applies if the subcommittee requests access to a place of\ndetention.\n(2) A responsible entity for the place of detention must ensure that the\nsubcommittee and any accompanying expert or assistant are given\nunrestricted access to every part of the place.\n\nVisits by subcommittee Part 2\nSection 12\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, if the detaining authority considers that 1 or more grounds\nmentioned in the Optional Protocol, article 14 (2) may temporarily\nprevent the carrying out of a visit by the subcommittee, the authority\nmay prohibit or restrict access to the place of detention so that the\nCommonwealth Attorney-General may, under a Ministerial\narrangement, be requested, and decide whether or not, to object to the\nvisit.\n(4) Also, the authority may prohibit or restrict access to the place of\ndetention if––\n(a) an objection to the subcommittee’s visit has been made by the\nCommonwealth Attorney-General, under the Ministerial\narrangements, on 1 or more of the grounds mentioned in the\nOptional Protocol, article 14 (2); and\n(b) the objection has not been withdrawn or otherwise resolved by\nthe Commonwealth Attorney-General under the Ministerial\narrangements.\nNote Under the Optional Protocol, art 14 (2) an objection to a visit to a\nparticular place of detention may be made only on urgent and compelling\ngrounds of national defence, public safety, natural disaster or serious\ndisorder in the place to be visited.\n(5) In this section:\nassistant––see section 11 (3).\n\nPart 2 Visits by subcommittee\nSection 13\npage 26 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Access to information\n(1) This section applies if the subcommittee requests access to a place of\ndetention.\n(2) A responsible entity for the place of detention must ensure that the\nsubcommittee and any accompanying expert are given all relevant\ninformation that is requested by the subcommittee for evaluating the\nneeds and measures that should be adopted to strengthen, if\nnecessary, the protection of people deprived of their liberty against\ntorture and other cruel, inhuman or degrading treatment or\npunishment.\n(3) A detaining authority for the place of detention must, at the request\nof the subcommittee and under the Ministerial arrangements, allow\nthe subcommittee to have unrestricted access to the following\ninformation in relation to the place:\n(a) the number of detainees in the place;\n(b) the treatment of detainees in the place;\n(c) the conditions of detention applying to detainees in the place.\n(4) Access to which the subcommittee is entitled under this section\nincludes the right to inspect any record that is under the control of a\nresponsible entity for the place of detention, or whose production the\nresponsible entity may, in an official capacity, reasonably require.\n(5) A provision of any Act or other law that restricts or denies access to\nrecords does not prevent a responsible entity from complying with\nthis section.\n(6) In this section:\nrecord means any document or other source of information compiled,\nrecorded or stored in written form or on film, or by electronic process,\nor in any other manner or by any other means.\n\nVisits by subcommittee Part 2\nSection 14\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Subcommittee may interview detainees and other people\n(1) This section applies if the subcommittee requests access to a place of\ndetention.\n(2) A responsible entity for the place of detention must ensure that the\nsubcommittee and any accompanying expert are given reasonable\nassistance to interview, without witnesses, either personally or\nthrough an interpreter, any detainee or other person at the place who\nthe subcommittee chooses to interview.\n(3) The responsible Minister for a place of detention must give the\nsubcommittee reasonable assistance to interview, without witnesses,\neither personally or through an interpreter, any person who the\nsubcommittee believes may be able to give it relevant information\nabout the following matters:\n(a) the place;\n(b) the treatment of detainees at the place;\n(c) the conditions of detention.\n(4) A support person nominated by an interviewee may be present during\nthe interview at the interviewee’s request and with the agreement of\nthe subcommittee.\n(5) Nothing in this section requires a person who objects or does not\nconsent to being interviewed by the subcommittee to participate in an\ninterview.\n\nPart 3 Miscellaneous\nSection 17\npage 28 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Miscellaneous\n17 Directions of responsible Minister\n(1) The responsible Minister for a place of detention may give directions\nto a detaining authority for the place of detention for this Act.\n(2) The detaining authority must comply with any directions given by the\nresponsible Minister under subsection (1).\n(3) A direction is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n17A Protection against actions etc\n(1) A person is not subject to any civil or criminal liability and no action,\nclaim or demand may be taken or made of or against the person, for\nproviding information, producing a document or thing or making a\ndisclosure to—\n(a) the subcommittee in the course of, and for the purposes of, the\nsubcommittee performing its mandate under the Optional\nProtocol, article 11; or\n(b) the NPM in the course of, and for the purposes of, the NPM\nperforming its mandate under the Optional Protocol, part IV.\n(2) This section has effect despite any duty of secrecy or confidentiality\nor any other restriction on the giving or disclosure of information\n(whether or not imposed by or under an Act) applicable to the person.\n17B Protection against reprisals\n(1) An entity commits an offence if––\n(a) the entity intentionally takes detrimental action against\nsomeone; and\n\nMiscellaneous Part 3\nSection 17B\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the detrimental action is taken wholly or partially because––\n(i) the person provided information, produced a document or\nthing or made a disclosure to the NPM or the\nsubcommittee; or\n(ii) the person proposed to provide information, produce a\ndocument or thing or make a disclosure to the NPM or the\nsubcommittee; or\n(iii) the entity believes the person has done a thing mentioned\nin paragraphs (i) or (ii).\nMaximum penalty: 110 penalty units, imprisonment for 2 years or\nboth.\n(2) A detaining authority who engages in conduct that would be an\noffence under subsection (1) is taken to have engaged in conduct that\nconstitutes misconduct in the performance of the detaining\nauthority’s duties and that justifies the taking of disciplinary action\nagainst the detaining authority, including disciplinary action provided\nfor––\n(a) under an Act that regulates the employment or service of the\ndetaining authority; or\n(b) under a contract of employment or contract for services that\ngoverns the employment or engagement of the detaining\nauthority.\n(3) In this section:\ndetrimental action means action causing, comprising or involving\nany of the following:\n(a) injury, damage or loss;\n(b) change of the conditions of detention;\n(c) change to the treatment of a detainee;\n\nPart 3 Miscellaneous\nSection 17C\npage 30 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) intimidation or harassment;\n(e) discrimination, disadvantage or adverse treatment, including in\nrelation to employment;\n(f) dismissal from, or prejudice in, employment;\n(g) disciplinary proceeding;\n(h) unfavourable treatment or proposed unfavourable treatment of a\nperson or relevant organisation in any other way.\nrelevant organisation means a body that has as 1 of its activities—\n(a) promoting the interests of detainees; or\n(b) delivering services to detainees.\n17C Protection of officials from liability\n(1) An official, or anyone engaging in conduct under the direction of an\nofficial, is not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from subsection (1), attach to an\nofficial attaches instead to the Territory.\n(3) In this section:\nofficial means a person who exercises a function under part 1A\n(ACT National Preventive Mechanism).\n\nMiscellaneous Part 3\nSection 18\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) Before a regulation may be made to prescribe an entity of the NPM\nunder section 8C (2)—\n(a) the Minister must give public notice of the proposed regulation\nand invite public submissions about it; and\n(b) the Executive must consider any written submissions received\nin accordance with the public notice.\n\nDictionary\npage 32 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Act\n• chief police officer\n• child\n• Commonwealth\n• correctional centre\n• detention place\n• entity\n• exercise\n• function\n• notifiable instrument (see s 10)\n• official visitor\n• penalty unit (see s 133)\n• person (see s 160)\n• public notice\n• territory law\n• the Territory.\nCommonwealth Ombudsman, for part 1A (ACT National Preventive\nMechanism)—see section 8B.\ncustodial inspector, for part 1A (ACT National Preventive\nMechanism)—see section 8B.\ndeprivation of liberty––see the Optional Protocol, article 4 (2).\nNote Deprivation of liberty is defined in that article as meaning any form of\ndetention, imprisonment or placement of a person in a public or private\ncustodial setting which the person is not permitted to leave at will by\norder of any judicial, administrative or other authority.\n\nDictionary\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndetainee means a person in a place of detention who is deprived of\ntheir liberty.\ndetaining authority, for a place of detention––see section 6.\ndisclose includes communicate or publish.\nexpert means an expert selected in accordance with the Optional\nProtocol, article 13 (3).\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\ninvestigative entity, for part 1A (ACT National Preventive\nMechanism)—see section 8B.\nMinisterial arrangements––see section 10.\nNPM means the ACT National Preventive Mechanism established\nunder section 8C.\nNPM coordinator, for part 1A (ACT National Preventive\nMechanism)—see section 8B.\nOptional Protocol means the Optional Protocol to the Convention\nagainst Torture and other Cruel, Inhuman or Degrading Treatment or\nPunishment, adopted by the General Assembly of the United Nations\non 18 December 2002, as amended and in force for Australia from\ntime to time.\nNote The Optional Protocol to the Convention against Torture and other Cruel,\nInhuman or Degrading Treatment or Punishment, is accessible at\nwww.ohchr.org.\nplace of detention––see section 7.\nproduce includes allow access to.\nresponsible director-general, for a place of detention, means—\n(a) the director-general responsible for administering an Act, or part\nof an Act, conferring functions on, or regulating the exercise of\nfunctions by, a detaining authority for the place; or\n\nDictionary\npage 34 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if no Act confers functions on, or regulates the exercise of\nfunctions by, a detaining authority for the place—the\ndirector-general prescribed by regulation for the place; or\n(c) in any other case—the director-general responsible for\nadministering this Act.\nresponsible entity, for a place of detention—see section 6A (1).\nresponsible Minister, for a place of detention, means—\n(a) the Minister administering an Act, or part of an Act, conferring\nfunctions on, or regulating the exercise of functions by,\na detaining authority for the place; or\n(b) if no Act confers functions on, or regulates the exercise of\nfunctions by, a detaining authority for the place—the Minister\nprescribed by regulation for the place; or\n(c) in any other case—the Minister responsible for administering\nthis Act.\nstaff of the NPM, for part 1A (ACT National Preventive\nMechanism)—see section 8B.\nsubcommittee means the Subcommittee on Prevention of Torture and\nOther Cruel, Inhuman or Degrading Treatment or Punishment of the\nCommittee against Torture, established in accordance with the\nOptional Protocol, part II.\n\nEndnotes\nAbout the endnotes 1\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 36 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMonitoring of Places of Detention (Optional Protocol to the\nConvention Against Torture) Act 2018 A2018-3\nnotified LR 28 February 2018\ns 1, s 2 commenced 28 February 2018 (LA s 75 (1))\nremainder commenced 30 April 2018 (s 2 (1) and CN2018-3)\nas amended by\nMonitoring of Places of Detention Legislation Amendment Act 2024\nA2024-41 pt 3\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\npt 3 commenced 18 September 2024 (s 2 (1))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMeaning of detaining authority\ns 6 am A2024-41 s 22\nResponsible entities for places of detention\ns 6A ins A2024-41 s 23\nMeaning of place of detention\ns 7 am A2024-41 s 24\nRelationship to other laws\ns 8 am A2024-41 s 25, s 26\nACT National Preventive Mechanism\npt 1A hdg ins A2024-41 s 27\nPreliminary\ndiv 1A.1 hdg ins A2024-41 s 27\nObject—pt 1A\ns 8A ins A2024-41 s 27\n\nEndnotes\nAmendment history 4\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDefinitions—pt 1A\ns 8B ins A2024-41 s 27\ndef Commonwealth Ombudsman ins A2024-41 s 27\ndef custodial inspector ins A2024-41 s 27\ndef investigative entity ins A2024-41 s 27\ndef NPM coordinator ins A2024-41 s 27\ndef staff of the NPM ins A2024-41 s 27\nEstablishment and functions of NPM\ndiv 1A.2 hdg ins A2024-41 s 27\nACT National Preventive Mechanism established\ns 8C ins A2024-41 s 27\nFunctions of the NPM\ns 8D ins A2024-41 s 27\nFunctions of the NPM—guidelines\ns 8E ins A2024-41 s 27\nIndependence of NPM\ns 8F ins A2024-41 s 27\nArrangements for staff\ns 8G ins A2024-41 s 27\nConsultants and contractors\ns 8H ins A2024-41 s 27\nDelegation\ns 8I ins A2024-41 s 27\nExamination of treatment of detainees in places of detention\ndiv 1A.3 hdg ins A2024-41 s 27\nInspection of place of detention\ns 8J ins A2024-41 s 27\nAccess to place of detention and things in place of detention\ns 8K ins A2024-41 s 27\nAccess to detainees and other people\ns 8L ins A2024-41 s 27\nAccess to information, documents and other things\ns 8M ins A2024-41 s 27\nAnyone may provide information, documents and other things\ns 8N ins A2024-41 s 27\nNPM may keep document or other thing\ns 8O ins A2024-41 s 27\n\nEndnotes\n4 Amendment history\npage 38 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRecommendations and reporting about treatment of detainees in places of\ndetention\ndiv 1A.4 hdg ins A2024-41 s 27\nTreatment of detainees in places of detention—recommendations and\nobservations\ns 8P ins A2024-41 s 27\nTreatment of detainees in places of detention—preparation of report\ns 8Q ins A2024-41 s 27\nTreatment of detainees in places of detention—publication etc of final report\ns 8R ins A2024-41 s 27\nInformation secrecy and sharing\ndiv 1A.5 hdg ins A2024-41 s 27\nSecrecy\ns 8S ins A2024-41 s 27\nLaws preventing etc providing information, documents and other things do\nnot apply\ns 8T ins A2024-41 s 27\nReferral to investigative entity\ns 8U ins A2024-41 s 27\nPublishing etc adverse comment\ns 8V ins A2024-41 s 27\nMiscellaneous\ndiv 1A.6 hdg ins A2024-41 s 27\nIdentification of NPM\ns 8W ins A2024-41 s 27\nReview—pt 1A\ns 8X ins A2024-41 s 27\nexp 18 September 2029 (s 8X (3))\nDuties of responsible entities for places of detention\ns 11 hdg sub A2024-41 s 28\ns 11 am A2024-41 s 29\nSubcommittee’s access to places of detention\ns 12 am A2024-41 s 29\nAccess to information\ns 13 am A2024-41 s 29, s 30\nSubcommittee may interview detainees and other people\ns 14 am A2024-41 s 31\n\nEndnotes\nAmendment history 4\nR2\n18/09/24\nMonitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nProtection against actions etc\ns 15 om A2024-41 s 32\nProtection against reprisals\ns 16 om A2024-41 s 32\nProtection against actions etc\ns 17A ins A2024-41 s 33\nProtection against reprisals\ns 17B ins A2024-41 s 33\nProtection of officials from liability\ns 17C ins A2024-41 s 33\nRegulation-making power\ns 18 am A2024-41 s 34\nDictionary\ndict am A2024-41 s 35\ndef ACT privacy law om A2024-41 s 36\ndef Commonwealth Ombudsman ins A2024-41 s 37\ndef custodial inspector ins A2024-41 s 37\ndef disclose ins A2024-41 s 37\ndef information ins A2024-41 s 37\ndef investigative entity ins A2024-41 s 37\ndef NPM ins A2024-41 s 37\ndef NPM coordinator ins A2024-41 s 37\ndef produce ins A2024-41 s 37\ndef responsible director-general ins A2024-41 s 37\ndef responsible entity ins A2024-41 s 37\ndef responsible Minister sub A2024-41 s 38\ndef staff of the NPM ins A2024-41 s 39\n\nEndnotes\n5 Earlier republications\npage 40 Monitoring of Places of Detention (Optional Protocol to\nthe Convention Against Torture) Act 2018\nEffective: 18/09/24\nR2\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n30 Apr 2018\n30 Apr 2018–\n17 Sept 2024\nnot amended new Act\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2018 Act was primarily focused on facilitating visits by the UN Subcommittee (Part 2). The 2024 amendments (A2024-41) inserted an entirely new Part 1A establishing the ACT National Preventive Mechanism (NPM) – a domestic inspection body with extensive powers to examine treatment of detainees, make recommendations, and report publicly. This transformed the Act from a framework primarily enabling international visits into a comprehensive domestic preventive monitoring system, significantly expanding its scope and operational impact."},"complexity_factors":["Multiple overlapping oversight bodies (NPM, UN Subcommittee, investigative entities, NPM coordinator) with slightly different powers and procedures","Nested exceptions to access rights (s 8K(3)) requiring urgent and compelling circumstances plus temporary nature of prevention","Detailed secrecy provisions (s 8S) with multiple exceptions and distinctions between 'identifying information' and other 'protected information'","Complex consultation requirements before publishing reports (s 8Q and 8R) involving multiple classes of responsible entities and non-public sector entities","Extensive cross-referencing to the Optional Protocol treaty and Commonwealth Ombudsman regulations for definitions and procedural details","Multiple definitions of 'responsible entity' creating layered accountability (Minister, director-general, detaining authority)"],"plain_english_summary":"This law creates an ACT National Preventive Mechanism to independently inspect all places where people are deprived of liberty, with wide entry and evidence‑gathering powers, reporting obligations, whistleblower protections, and arrangements for UN visits. \n\nIt affects detainees, detaining authorities and staff, and aims to prevent torture and ill‑treatment by increasing transparency, accountability and timely remedial recommendations."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope was expanded by 2024 amendments that inserted a new ACT National Preventive Mechanism framework (Part 1A, ss 8A–8X), added definitions and responsible‑entity arrangements (ss 6A, amended ss 6–7), strengthened inspection, information, secrecy and reporting powers (ss 8J–8R, 8S–8V), and introduced protections, anti‑reprisal offences and liability rules (ss 17A–17C). These amendments broaden the local institutional and procedural coverage compared with the original text."},"complexity_factors":["Interplay between international instrument and Territory law: many powers and limits are tied to the Optional Protocol (see definitions and objects, ss 8A, Dictionary Optional Protocol).","NPM composition delegated to regulation: the Act establishes the NPM but leaves which entities form it to regulations (s 8C(2); s 18(2)).","Wide inspection and information powers coupled with narrow, urgent exceptions: unrestricted access duties vs time‑limited refusal grounds (inspection and access: ss 8J, 8K; refusal: s 8K(3)–(5)).","Extensive powers to require documents and keep copies, with statutory non‑application of other laws that would limit production (ss 8M–8O; s 8T).","Secrecy, publication and confidentiality rules with criminal penalties and defined exceptions, plus constrained sharing to permitted recipients (s 8S).","Protections and liabilities: immunities for providers of information (s 17A), anti‑reprisal offence with significant penalties (s 17B), and shifting of civil liability from officials to the Territory for honest, non‑reckless acts (s 17C).","Multiple responsible actors and overlapping duties: responsible Minister, director‑general and detaining authority are each defined and may be required to act, creating potential coordination and compliance burdens (s 6A; ss 6–7).","Ministerial arrangements with Commonwealth Attorney‑General allow inter‑jurisdictional decisions (eg objection to subcommittee visits) introducing extra procedural steps (s 10; ss 11–12).","Reporting procedures, consultation and rights to respond before publication create procedural safeguards and administrative steps (ss 8Q–8R; s 8V).","Statutory review and sunset‑style timing for review obligations add timing and planning requirements (s 8X)."],"plain_english_summary":"This Act establishes an independent ACT National Preventive Mechanism (NPM) to give effect to the Optional Protocol’s monitoring of places where people are deprived of liberty. The NPM (and the OPCAT subcommittee) may inspect facilities, interview detainees, obtain documents, make recommendations and publish reports, while responsible entities (the Minister, director-general and detaining authority) must provide access and assistance. The law also creates secrecy rules, penalties for reprisals and disclosure, and limits officials’ personal liability for honest, non‑reckless acts."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2018","history":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2018/history","analysis":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2018/analysis","conflicts":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2018/conflicts","importantCases":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2018/important-cases","documents":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2018/documents"}}