{"id":"qld:act-2023-013","name":"Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2023","slug":"monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2023","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"13 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29551,"registerId":"qld-act-2023-013-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 Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2023 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Main purposes","content":"### sec.2 Main purposes\n\nThe main purposes of this Act are—\nto facilitate visits to places of detention by the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for the purposes of the subcommittee’s mandate under the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and\nto provide for the subcommittee to be given access to information for the purposes of the subcommittee’s functions under the Optional Protocol; and\nto provide for necessary safeguards to enable detaining authorities to preserve privacy, security, good order, welfare and safety in places of detention during visits by the subcommittee.\n- (a) to facilitate visits to places of detention by the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for the purposes of the subcommittee’s mandate under the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and\n- (b) to provide for the subcommittee to be given access to information for the purposes of the subcommittee’s functions under the Optional Protocol; and\n- (c) to provide for necessary safeguards to enable detaining authorities to preserve privacy, security, good order, welfare and safety in places of detention during visits by the subcommittee.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of place of detention","content":"### sec.4 Meaning of place of detention\n\nA place of detention means—\na community corrections centre, prison or work camp under the Corrective Services Act 2006 ; or\na detention centre under the Youth Justice Act 1992 ; or\nan inpatient unit of an authorised mental health service under the Mental Health Act 2016 ; or\nthe forensic disability service under the Forensic Disability Act 2011 ; or\na court cell; or\na watch-house; or\na holding cell or another place in a police station where a person is detained; or\nanother place where a person is detained, other than a private residence, prescribed by regulation as a place of detention; or\na vehicle primarily used or operated for the purpose of transporting a person who is detained to or from a place mentioned in any of paragraphs (a) to (h) .\nBefore a regulation is made under subsection (1) (h) , the Minister must consult with the responsible Minister for the place about the proposed regulation.\nIn this section—\ncourt cell means a place attached to or near a court that is used for detaining prisoners of the court and other persons.\n(sec.4-ssec.1) A place of detention means— a community corrections centre, prison or work camp under the Corrective Services Act 2006 ; or a detention centre under the Youth Justice Act 1992 ; or an inpatient unit of an authorised mental health service under the Mental Health Act 2016 ; or the forensic disability service under the Forensic Disability Act 2011 ; or a court cell; or a watch-house; or a holding cell or another place in a police station where a person is detained; or another place where a person is detained, other than a private residence, prescribed by regulation as a place of detention; or a vehicle primarily used or operated for the purpose of transporting a person who is detained to or from a place mentioned in any of paragraphs (a) to (h) .\n(sec.4-ssec.2) Before a regulation is made under subsection (1) (h) , the Minister must consult with the responsible Minister for the place about the proposed regulation.\n(sec.4-ssec.3) In this section— court cell means a place attached to or near a court that is used for detaining prisoners of the court and other persons.\n- (a) a community corrections centre, prison or work camp under the Corrective Services Act 2006 ; or\n- (b) a detention centre under the Youth Justice Act 1992 ; or\n- (c) an inpatient unit of an authorised mental health service under the Mental Health Act 2016 ; or\n- (d) the forensic disability service under the Forensic Disability Act 2011 ; or\n- (e) a court cell; or\n- (f) a watch-house; or\n- (g) a holding cell or another place in a police station where a person is detained; or\n- (h) another place where a person is detained, other than a private residence, prescribed by regulation as a place of detention; or\n- (i) a vehicle primarily used or operated for the purpose of transporting a person who is detained to or from a place mentioned in any of paragraphs (a) to (h) .","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of detaining authority","content":"### sec.5 Meaning of detaining authority\n\nA detaining authority , for a place of detention—\nmeans the person or entity in charge of the place of detention; and\nincludes a person or entity responsible for the day-to-day care, control, health and safety of detainees in the place of detention.\n- (a) means the person or entity in charge of the place of detention; and\n- (b) includes a person or entity responsible for the day-to-day care, control, health and safety of detainees in the place of detention.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relationship to other laws","content":"### sec.6 Relationship to other laws\n\nA provision of another Act that prevents or limits the performance of a function by the subcommittee, in relation to a detainee or place of detention under this Act, has no effect to the extent of any inconsistency with this Act.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Access by subcommittee to places of detention","content":"# Access by subcommittee to places of detention","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Responsible Minister to ensure subcommittee permitted to visit and access a place of detention","content":"### sec.7 Responsible Minister to ensure subcommittee permitted to visit and access a place of detention\n\nThe responsible Minister for a place of detention must ensure that the subcommittee and an accompanying person are permitted to—\nenter and visit the place of detention; and\nhave unrestricted access to any part of the place of detention.\nThis section applies subject to sections 9 and 10 .\n(sec.7-ssec.1) The responsible Minister for a place of detention must ensure that the subcommittee and an accompanying person are permitted to— enter and visit the place of detention; and have unrestricted access to any part of the place of detention.\n(sec.7-ssec.2) This section applies subject to sections 9 and 10 .\n- (a) enter and visit the place of detention; and\n- (b) have unrestricted access to any part of the place of detention.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Detaining authority to ensure subcommittee permitted to visit and access a place of detention","content":"### sec.8 Detaining authority to ensure subcommittee permitted to visit and access a place of detention\n\nThe detaining authority for a place of detention must ensure that the subcommittee and an accompanying person are permitted to—\nenter and visit the place of detention; and\nhave unrestricted access to any part of the place of detention.\nThis section applies subject to sections 9 and 10 .\n(sec.8-ssec.1) The detaining authority for a place of detention must ensure that the subcommittee and an accompanying person are permitted to— enter and visit the place of detention; and have unrestricted access to any part of the place of detention.\n(sec.8-ssec.2) This section applies subject to sections 9 and 10 .\n- (a) enter and visit the place of detention; and\n- (b) have unrestricted access to any part of the place of detention.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Responsible Minister may object to subcommittee visit to a place of detention","content":"### sec.9 Responsible Minister may object to subcommittee visit to a place of detention\n\nThe responsible Minister for a place of detention may object to the subcommittee and an accompanying person visiting the place of detention on a particular day or particular days if the responsible Minister believes there is an urgent and compelling reason to temporarily prevent the subcommittee’s visit to that place of detention on that day or those days on any of the grounds mentioned in subsection (2) .\nFor subsection (1) , the grounds are as follows—\nnational defence;\npublic safety;\nnatural disaster;\nserious disorder in the place of detention.\nIf the responsible Minister objects under subsection (1) , the Minister must, as soon as practicable, give a notice to the subcommittee stating—\nthe day or days the subcommittee and accompanying persons are prevented from visiting the place of detention; and\nthe reason for preventing the visit to the place of detention.\nIf the notice is given to the subcommittee, the responsible Minister and a detaining authority for the place of detention are not required to allow the subcommittee or an accompanying person to enter the place of detention on the day or days stated in the notice.\n(sec.9-ssec.1) The responsible Minister for a place of detention may object to the subcommittee and an accompanying person visiting the place of detention on a particular day or particular days if the responsible Minister believes there is an urgent and compelling reason to temporarily prevent the subcommittee’s visit to that place of detention on that day or those days on any of the grounds mentioned in subsection (2) .\n(sec.9-ssec.2) For subsection (1) , the grounds are as follows— national defence; public safety; natural disaster; serious disorder in the place of detention.\n(sec.9-ssec.3) If the responsible Minister objects under subsection (1) , the Minister must, as soon as practicable, give a notice to the subcommittee stating— the day or days the subcommittee and accompanying persons are prevented from visiting the place of detention; and the reason for preventing the visit to the place of detention.\n(sec.9-ssec.4) If the notice is given to the subcommittee, the responsible Minister and a detaining authority for the place of detention are not required to allow the subcommittee or an accompanying person to enter the place of detention on the day or days stated in the notice.\n- (a) national defence;\n- (b) public safety;\n- (c) natural disaster;\n- (d) serious disorder in the place of detention.\n- (a) the day or days the subcommittee and accompanying persons are prevented from visiting the place of detention; and\n- (b) the reason for preventing the visit to the place of detention.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Detaining authority may temporarily prohibit or restrict access to place of detention","content":"### sec.10 Detaining authority may temporarily prohibit or restrict access to place of detention\n\nThe detaining authority for a place of detention may temporarily prohibit or restrict access to the place or part of the place by the subcommittee and an accompanying person if the detaining authority believes a ground mentioned in subsection (2) exists.\nFor subsection (1) , the grounds are as follows—\nallowing access to the place or part of the place may prevent the maintenance of—\nsecurity, good order and management of the place of detention; or\nhealth and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person);\nallowing access to the place or part of the place may prevent the conduct of essential operations by the detaining authority.\nA prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) must be only for the shortest period reasonable in the circumstances.\nThe detaining authority must—\nfor each temporary prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) , make a written record of—\nthe reasons for the prohibition or restriction; and\nthe date and time when the prohibition or restriction began and its duration; and\ngive a copy of the record to the responsible Minister for the place of detention.\n(sec.10-ssec.1) The detaining authority for a place of detention may temporarily prohibit or restrict access to the place or part of the place by the subcommittee and an accompanying person if the detaining authority believes a ground mentioned in subsection (2) exists.\n(sec.10-ssec.2) For subsection (1) , the grounds are as follows— allowing access to the place or part of the place may prevent the maintenance of— security, good order and management of the place of detention; or health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person); allowing access to the place or part of the place may prevent the conduct of essential operations by the detaining authority.\n(sec.10-ssec.3) A prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) must be only for the shortest period reasonable in the circumstances.\n(sec.10-ssec.4) The detaining authority must— for each temporary prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) , make a written record of— the reasons for the prohibition or restriction; and the date and time when the prohibition or restriction began and its duration; and give a copy of the record to the responsible Minister for the place of detention.\n- (a) allowing access to the place or part of the place may prevent the maintenance of— (i) security, good order and management of the place of detention; or (ii) health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person);\n- (i) security, good order and management of the place of detention; or\n- (ii) health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person);\n- (b) allowing access to the place or part of the place may prevent the conduct of essential operations by the detaining authority.\n- (i) security, good order and management of the place of detention; or\n- (ii) health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person);\n- (a) for each temporary prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) , make a written record of— (i) the reasons for the prohibition or restriction; and (ii) the date and time when the prohibition or restriction began and its duration; and\n- (i) the reasons for the prohibition or restriction; and\n- (ii) the date and time when the prohibition or restriction began and its duration; and\n- (b) give a copy of the record to the responsible Minister for the place of detention.\n- (i) the reasons for the prohibition or restriction; and\n- (ii) the date and time when the prohibition or restriction began and its duration; and","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Procedures for visits to places of detention","content":"### sec.11 Procedures for visits to places of detention\n\nA visit to a place of detention by the subcommittee and an accompanying person must be conducted in accordance with any procedures that apply to a person visiting the place of detention.\nHowever, despite a provision of another Act, a detaining authority for a place of detention may allow the subcommittee or an accompanying person to access the place of detention without complying with a requirement about visiting the place, including, for example, a requirement about a visitor to the place—\nholding approval for the access; or\nbeing searched; or\nproviding identification or identifying information.\na requirement for a visitor to provide particular biometric information\n(sec.11-ssec.1) A visit to a place of detention by the subcommittee and an accompanying person must be conducted in accordance with any procedures that apply to a person visiting the place of detention.\n(sec.11-ssec.2) However, despite a provision of another Act, a detaining authority for a place of detention may allow the subcommittee or an accompanying person to access the place of detention without complying with a requirement about visiting the place, including, for example, a requirement about a visitor to the place— holding approval for the access; or being searched; or providing identification or identifying information. a requirement for a visitor to provide particular biometric information\n- (a) holding approval for the access; or\n- (b) being searched; or\n- (c) providing identification or identifying information. Example— a requirement for a visitor to provide particular biometric information","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Access by subcommittee to information","content":"# Access by subcommittee to information","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Definitions for part","content":"### sec.12 Definitions for part\n\nIn this part—\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 Forensic Disability Act 2011 , section 122 ; or\nthe Hospital and Health Boards Act 2011 , section 139 ; or\nthe Youth Justice Act 1992 , section 284 ; and\npersonal information under the Mental Health Act 2016 , section 776 ; and\ninformation that must not be disclosed under the Police Service Administration Act 1990 , section 10 .1; 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.\ndetaining authority , for a place of detention, also includes an entity engaged by or on behalf of the person or entity in charge of the place of detention or the State to provide services under a contract as, or on behalf of, the person, entity or the State.\neducation service provider, health service provider\nidentifying information means information that identifies an individual or from which an individual can be reasonably identified.\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 Forensic Disability Act 2011 , section 122 ; or (C) the Hospital and Health Boards Act 2011 , section 139 ; or (D) the Youth Justice Act 1992 , section 284 ; and (iii) personal information under the Mental Health Act 2016 , section 776 ; and (iv) information that must not be disclosed under the Police Service Administration Act 1990 , section 10 .1; 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 Forensic Disability Act 2011 , section 122 ; or (C) the Hospital and Health Boards Act 2011 , section 139 ; or (D) the Youth Justice Act 1992 , section 284 ; and\n- (A) the Corrective Services Act 2006 , section 341 ; or\n- (B) the Forensic Disability Act 2011 , section 122 ; or\n- (C) the Hospital and Health Boards Act 2011 , section 139 ; or\n- (D) the Youth Justice Act 1992 , section 284 ; and\n- (iii) personal information under the Mental Health Act 2016 , section 776 ; and\n- (iv) information that must not be disclosed under the Police Service Administration Act 1990 , section 10 .1; 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 Forensic Disability Act 2011 , section 122 ; or (C) the Hospital and Health Boards Act 2011 , section 139 ; or (D) the Youth Justice Act 1992 , section 284 ; and\n- (A) the Corrective Services Act 2006 , section 341 ; or\n- (B) the Forensic Disability Act 2011 , section 122 ; or\n- (C) the Hospital and Health Boards Act 2011 , section 139 ; or\n- (D) the Youth Justice Act 1992 , section 284 ; and\n- (iii) personal information under the Mental Health Act 2016 , section 776 ; and\n- (iv) information that must not be disclosed under the Police Service Administration Act 1990 , section 10 .1; but\n- (A) the Corrective Services Act 2006 , section 341 ; or\n- (B) the Forensic Disability Act 2011 , section 122 ; or\n- (C) the Hospital and Health Boards Act 2011 , section 139 ; or\n- (D) 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":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Subcommittee may access information","content":"### sec.13 Subcommittee may access information\n\nThis section applies if the subcommittee asks the responsible Minister or a detaining authority for a place of detention for information for the purpose of the evaluation of any needs or measures that should be adopted to strengthen the protection of people deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment (the subcommittee purpose ).\nOn receiving the request, the responsible Minister must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the responsible Minister that is relevant to the subcommittee purpose.\nOn receiving the request, the detaining authority must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the detaining authority that is relevant to the subcommittee purpose.\nInformation that is relevant to the subcommittee purpose includes the following—\nthe number of detainees in the place of detention;\nthe treatment of detainees at the place of detention;\nthe conditions of detention applying to detainees in that place of detention;\ninformation about the treatment of detainees in a place of detention;\ninformation about the conditions of detention applying to detainees in a place of detention.\nA provision of an Act or another law that restricts or denies access to information does not prevent the responsible Minister or detaining authority from complying with this section.\nIn this section—\nexcluded information means—\nCabinet information that is exempt information under section 48 of the Right to Information Act 2009 ; or\ninformation that is subject to legal professional privilege; or\nother information of a kind prescribed under a regulation for this definition.\n(sec.13-ssec.1) This section applies if the subcommittee asks the responsible Minister or a detaining authority for a place of detention for information for the purpose of the evaluation of any needs or measures that should be adopted to strengthen the protection of people deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment (the subcommittee purpose ).\n(sec.13-ssec.2) On receiving the request, the responsible Minister must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the responsible Minister that is relevant to the subcommittee purpose.\n(sec.13-ssec.3) On receiving the request, the detaining authority must ensure that the subcommittee has unrestricted access to all information (other than excluded information) in the possession or under the control of the detaining authority that is relevant to the subcommittee purpose.\n(sec.13-ssec.4) Information that is relevant to the subcommittee purpose includes the following— the number of detainees in the place of detention; the treatment of detainees at the place of detention; the conditions of detention applying to detainees in that place of detention; information about the treatment of detainees in a place of detention; information about the conditions of detention applying to detainees in a place of detention.\n(sec.13-ssec.5) A provision of an Act or another law that restricts or denies access to information does not prevent the responsible Minister or detaining authority from complying with this section.\n(sec.13-ssec.6) In this section— excluded information means— Cabinet information that is exempt information under section 48 of the Right to Information Act 2009 ; or information that is subject to legal professional privilege; or other information of a kind prescribed under a regulation for this definition.\n- (a) the number of detainees in the place of detention;\n- (b) the treatment of detainees at the place of detention;\n- (c) the conditions of detention applying to detainees in that place of detention;\n- (d) information about the treatment of detainees in a place of detention;\n- (e) information about the conditions of detention applying to detainees in a place of detention.\n- (a) Cabinet information that is exempt information under section 48 of the Right to Information Act 2009 ; or\n- (b) information that is subject to legal professional privilege; or\n- (c) other information of a kind prescribed under a regulation for this definition.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Access to identifying information","content":"### sec.14 Access to identifying information\n\nThe subcommittee must not be given access under section 13 to identifying information (including confidential information) about a person at a place of detention (including a detainee) unless the subcommittee visits that place of detention or has visited that place of detention.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Subcommittee may retain, copy or take notes of information","content":"### sec.15 Subcommittee may retain, copy or take notes of information\n\nThe subcommittee may retain, copy or take notes of any information (other than identifying information) the subcommittee is given access to under section 13 .\nDespite subsection (1) , the subcommittee may retain, copy or include in any notes taken identifying information (including confidential information) about a detainee in a place of detention only if the detainee consents to the subcommittee doing so.\n(sec.15-ssec.1) The subcommittee may retain, copy or take notes of any information (other than identifying information) the subcommittee is given access to under section 13 .\n(sec.15-ssec.2) Despite subsection (1) , the subcommittee may retain, copy or include in any notes taken identifying information (including confidential information) about a detainee in a place of detention only if the detainee consents to the subcommittee doing so.","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Interviews conducted by subcommittee","content":"# Interviews conducted by subcommittee","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Subcommittee may interview any person","content":"### sec.16 Subcommittee may interview any person\n\nThe subcommittee may interview—\na person at a place of detention; and\nanother person who the subcommittee believes may be able to provide information related to the detention of a detainee, including—\nthe treatment of the detainee; and\nthe conditions of detention to which a detainee is subject.\nHowever, the subcommittee must not interview a person unless the person consents to the interview.\nA person who consents to an interview under subsection (2) may withdraw the consent at any time.\nAn interview may be conducted with the assistance of an interpreter.\nAn interview may be conducted by the subcommittee—\nin person; or\nby means of electronic communication, if the subcommittee decides to.\n(sec.16-ssec.1) The subcommittee may interview— a person at a place of detention; and another person who the subcommittee believes may be able to provide information related to the detention of a detainee, including— the treatment of the detainee; and the conditions of detention to which a detainee is subject.\n(sec.16-ssec.2) However, the subcommittee must not interview a person unless the person consents to the interview.\n(sec.16-ssec.3) A person who consents to an interview under subsection (2) may withdraw the consent at any time.\n(sec.16-ssec.4) An interview may be conducted with the assistance of an interpreter.\n(sec.16-ssec.5) An interview may be conducted by the subcommittee— in person; or by means of electronic communication, if the subcommittee decides to.\n- (a) a person at a place of detention; and\n- (b) another person who the subcommittee believes may be able to provide information related to the detention of a detainee, including— (i) the treatment of the detainee; and (ii) the conditions of detention to which a detainee is subject.\n- (i) the treatment of the detainee; and\n- (ii) the conditions of detention to which a detainee is subject.\n- (i) the treatment of the detainee; and\n- (ii) the conditions of detention to which a detainee is subject.\n- (a) in person; or\n- (b) by means of electronic communication, if the subcommittee decides to.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Person to be interviewed may request support person","content":"### sec.17 Person to be interviewed may request support person\n\nA support person nominated by a person to be interviewed may be present during the interview.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Interviews to be held in private","content":"### sec.18 Interviews to be held in private\n\nThe detaining authority for a place of detention must allow the subcommittee to interview a person without any other person being present, other than—\nan accompanying expert; or\nan accompanying interpreter; or\na support person nominated under section 17 .\n- (a) an accompanying expert; or\n- (b) an accompanying interpreter; or\n- (c) a support person nominated under section 17 .","sortOrder":21},{"sectionNumber":"pt.5","sectionType":"part","heading":"Protection from reprisals","content":"# Protection from reprisals","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Reprisal and grounds for reprisals","content":"### sec.19 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 the subcommittee.\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 or wellbeing, including, for example, intimidation or harassment of the person; and\nprejudice to the person’s career, including, for example, dismissal of the person from the person’s employment.\n(sec.19-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 the subcommittee.\n(sec.19-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.19-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.19-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.19-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.19-ssec.6) In this section— detriment , to a person, includes— prejudice to the person’s safety or wellbeing, including, for example, intimidation or harassment of the person; 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 or wellbeing, including, for example, intimidation or harassment of the person; and\n- (b) prejudice to the person’s career, including, for example, dismissal of the person from the person’s employment.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Offence for taking reprisal","content":"### sec.20 Offence for taking reprisal\n\nA person who takes a reprisal commits an offence.\nMaximum penalty—100 penalty units.","sortOrder":24},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Protection against actions, claims and demands","content":"### sec.21 Protection against actions, claims and demands\n\nThis section applies to a person who, honestly and on reasonable grounds, gives information or makes a disclosure to the subcommittee in the course of, and for the purpose of, the subcommittee performing its mandate under the Optional Protocol, article 11.\nThe person is not subject to any civil or criminal liability for giving the information or making the disclosure.\nNo action, claim or demand may be taken or made of or against the person for giving the information or making the disclosure.\nThis section applies despite a duty of secrecy or confidentiality or another restriction on giving or disclosing information (whether or not imposed under an Act) that applies to the person.\n(sec.21-ssec.1) This section applies to a person who, honestly and on reasonable grounds, gives information or makes a disclosure to the subcommittee in the course of, and for the purpose of, the subcommittee performing its mandate under the Optional Protocol, article 11.\n(sec.21-ssec.2) The person is not subject to any civil or criminal liability for giving the information or making the disclosure.\n(sec.21-ssec.3) No action, claim or demand may be taken or made of or against the person for giving the information or making the disclosure.\n(sec.21-ssec.4) This section applies despite a duty of secrecy or confidentiality or another restriction on giving or disclosing information (whether or not imposed under an Act) that applies to the person.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Responsible Minister may give directions","content":"### sec.22 Responsible Minister may give directions\n\nThe responsible Minister for a place of detention may give directions to a detaining authority for the place of detention for the purpose of assisting the detaining authority to meet the requirements of this Act.\nThe detaining authority must comply with a direction given by the responsible Minister.\n(sec.22-ssec.1) The responsible Minister for a place of detention may give directions to a detaining authority for the place of detention for the purpose of assisting the detaining authority to meet the requirements of this Act.\n(sec.22-ssec.2) The detaining authority must comply with a direction given by the responsible Minister.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Regulation-making power","content":"### sec.23 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":28}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its stated purposes: implementing Queensland's obligations under the Optional Protocol to the Convention Against Torture by enabling UN inspections of detention facilities. The coverage is broad but logically follows the treaty's intent to cover all places where people are deprived of liberty by a public authority. The inclusion of transport vehicles, mental health inpatient units, and the forensic disability service reflects the treaty's expansive definition of 'deprivation of liberty' rather than any scope creep beyond the original intent."},"complexity_factors":["Interaction with multiple other Queensland Acts (Corrective Services Act, Youth Justice Act, Mental Health Act, Forensic Disability Act, Police Service Administration Act, Hospital and Health Boards Act, Right to Information Act) — each with their own confidentiality regimes that this Act overrides","The Act operates at the intersection of domestic law and international treaty obligations (the Optional Protocol to the Convention Against Torture), requiring understanding of both frameworks","Multiple overlapping roles and duties — responsible Ministers, detaining authorities, and the subcommittee all have distinct but interacting obligations","Nuanced information access regime with layered categories: general information, confidential information, identifying information, excluded information — each treated differently","Tiered access restrictions: Ministers can block visits (with different grounds and procedures) versus detaining authorities who can restrict specific area access (with different grounds, shorter duration requirements, and record-keeping duties)","Reprisal provisions include broad definitions of 'detriment' and a 'substantial grounds' test for liability, adding interpretive complexity","Regulation-making powers mean the full scope of the Act (e.g., additional places of detention, additional excluded information) is not self-contained in the Act itself","Consent-based interview regime with withdrawal rights adds procedural complexity across different categories of interviewees"],"plain_english_summary":"This Queensland law gives the UN Subcommittee on Prevention of Torture the legal right to visit, inspect and gather information from places where people are detained. It affects detainees, facility operators and responsible ministers by creating duties to cooperate with inspections and by securing private, consent‑based interviews.\n\nIt also protects people who assist the inspectors from reprisal or legal penalty and limits when visits or specific access can be temporarily refused."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose of implementing the Optional Protocol to the Convention Against Torture (OPCAT). The scope covers UN inspections of detention facilities, access to information, interview procedures, and protections for cooperators—precisely what the treaty requires. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Multiple cross-references to other Queensland Acts (Corrective Services Act 2006, Youth Justice Act 1992, Mental Health Act 2016, Forensic Disability Act 2011, Police Service Administration Act 1990, Right to Information Act 2009)","Nested definitions with exceptions—'confidential information' includes information from 5 other Acts but excludes publicly disclosed information (with its own exception)","Conditional access rights—unrestricted access is subject to sections 9 and 10, which provide grounds for objection and temporary prohibition","Dual obligations on both 'responsible Ministers' and 'detaining authorities' with slightly different powers (Minister can object to visits; detaining authority can restrict access)","Specific procedural safeguards for identifying information requiring actual visits before access and detainee consent for retention","Interaction between state and international law—references to 'Optional Protocol' and 'article 11' without full text included","Penalty provision (100 penalty units) for reprisals creates criminal liability requiring precise interpretation of 'detriment' and 'substantial ground'"],"plain_english_summary":"This law sets up a system for UN inspectors to visit and check Australian detention facilities to make sure people aren't being tortured or treated cruelly.\n\n**What it does:**\n- Allows the **UN Subcommittee on Prevention of Torture** (a group of international experts) to visit places where people are locked up—like prisons, youth detention centres, mental health facilities, police watch-houses, and court cells\n- Requires Australian authorities to give these UN inspectors **unrestricted access** to these places and to information about how detainees are treated\n- Sets up **safeguards** so authorities can temporarily block visits in emergencies (like riots, natural disasters, or threats to national security) or restrict access to certain areas for safety reasons\n- Protects people who speak to the UN inspectors from **retaliation** (revenge)—it's a crime to punish someone for helping the inspectors\n- Shields whistleblowers from being sued or prosecuted for honestly giving information to the inspectors\n\n**Who it affects:**\n- **Detainees** in prisons, youth justice centres, mental health facilities, and police custody\n- **Staff** working in these facilities (they must cooperate and can't punish people for talking to inspectors)\n- **Government ministers** and **detaining authorities** (the people in charge of running these facilities)\n\n**Why it matters:**\nAustralia signed an international treaty (the Optional Protocol to the Convention Against Torture, or OPCAT) promising to let independent experts check that people in detention are treated humanely. This law makes that promise real by creating the legal framework for these inspections. It balances transparency—letting the UN see what's happening inside closed institutions—with practical needs like protecting privacy and maintaining safety during emergencies."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's expressed scope aligns with its stated purpose: to implement Optional Protocol functions by enabling Subcommittee visits and access to relevant information while providing narrowly framed safeguards and exceptions. Definitions in part 1 (sec 4) and the access and exclusion rules (secs 7–15) show the instrument confines its reach to listed detention sites, specified information categories and limited temporary restrictions, without expanding beyond those mechanisms."},"complexity_factors":["Cross‑references to multiple other Acts to define covered places and confidential-information categories (see secs 4, 12).","Ministerial and detaining‑authority discretions with subjective standards (e.g. 'believes' urgent and compelling reasons) for temporary blocks or restrictions (secs 9–10).","Exceptions and confidentiality limits for information access (excluded information, legal professional privilege, Cabinet material) balanced against a broad access obligation (sec 13).","Operational compliance duties on detaining authorities: recordkeeping and reporting when access is restricted (sec 10(4)), and requirement to comply with Ministerial directions (sec 22).","Procedural constraints on interviews and retention of identifying information (consent requirement; secs 14–16), creating interactional complexity in practice.","Potentially broad regulation‑making power and a consultation requirement before prescribing new places of detention (secs 23, 4(2)).","Criminal offence and penalty for reprisals plus civil/criminal immunity for disclosures to the subcommittee (secs 19–21), creating overlapping legal protections and liabilities."],"plain_english_summary":"This Act gives the UN Subcommittee on Prevention of Torture the statutory right to visit defined places of detention and to access information relevant to evaluating protections against torture (secs 2, 4, 7–8, 13). It allows regulations to add other detention sites (sec 4).\n\nResponsible Ministers and detaining authorities must permit entry and provide information but may temporarily prevent or restrict visits on specified security, safety or operational grounds (secs 9–10). Interviews require consent and identifying information is limited; the Act creates immunity for bona fide disclosures and a criminal reprisal offence (secs 14, 16, 20–21)."}},"importantCases":[],"_links":{"self":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2023","history":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2023/history","analysis":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2023/analysis","conflicts":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2023/conflicts","importantCases":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2023/important-cases","documents":"/api/acts/monitoring-of-places-of-detention-optional-protocol-to-the-convention-against-torture-act-2023/documents"}}