Div 2Official visitors

Division 2—Official visitors 19A—Preliminary For the purposes of this Division, a reference to a correctional institution includes a reference to— (a) a vehicle (including a police vehicle)— (i) on the grounds of a correctional institution; or (ii) used to transport prisoners to or from correctional institutions; and (b) a cell at a court being used to accommodate a prisoner. 19B—Review (1) The Minster must, within 5 years after the commencement of this section, cause a review of the operation of this Division to be undertaken. (2) A report on the review must be provided to the Minister who must cause a copy of the report to be laid before each House of Parliament within 3 months after receipt of the report. 20—Official visitors (1) The Governor may appoint for each correctional institution such number of official visitors as the Governor thinks necessary or desirable. (2) The Governor must, in making appointments under this section, ensure that— (a) at least 1 official visitor for each correctional institution is an Aboriginal or Torres Strait Islander person; and (b) at least 1 official visitor for each correctional institution is a legal practitioner; and (c) at least 1 official visitor for each correctional institution is a woman. (3) A person who constitutes a Visiting Tribunal for a correctional institution cannot be appointed as an official visitor for the correctional institution. (4) An official visitor will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment. (5) The Governor may remove an official visitor from office— (a) for breach of, or noncompliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (6) The position of an official visitor becomes vacant if the official visitor— (a) dies; or (b) resigns by written notice given to the Minister; or (c) completes a term of appointment and is not reappointed; or (d) is removed from the position by the Governor under subsection (5); or (e) becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or (f) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (g) becomes a member of the Parliament of this State or any other State or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth. (7) Nothing in this section is to be taken to prevent the appointment of a person as an official visitor for more than 1 correctional institution. 20A—Independence (1) In exercising functions and powers under this Act, an official visitor must act independently, impartially and in the public interest. (2) Neither the Minister nor the CE can— (a) control how an official visitor is to exercise the visitor's statutory functions and powers; or (b) give any direction in relation to the exercise of powers or functions under this Division by an official visitor, including with respect to the content of any report prepared by an official visitor. Note— This provision does not derogate from any express power of the Minister or CE under this Act. 20B—Remuneration (1) An official visitor is entitled to remuneration, allowances and expenses determined by the Remuneration Tribunal. (2) Jurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this section. 20C—Staff and resources Official visitors must be provided with the resources reasonably required for exercising their functions. 20D—Functions of official visitors (1) The functions of an official visitor in relation to the correctional institution in respect of which the visitor is appointed include the following: (a) to receive any complaint of a prisoner in the correctional institution; (b) to act as an advocate for prisoners in the correctional institution to promote the proper resolution of issues relating to the care, treatment or control of the prisoners; (c) to conduct visits to the correctional institution as required or authorised under this Division; (d) to conduct inspections of the correctional institution as required or authorised under this Division; (e) to promote the best interests of prisoners in the correctional institution; (f) to inquire into, investigate and provide advice to the Minister or the CE on any matter relating to the management of the correctional institution, or the care, treatment or control of the prisoners, either on the official visitor's own initiative or on referral by the Minister or the CE; (g) to make recommendations to the Minister or the CE on any matter for the purposes of improving the quality of care, treatment or control of prisoners in the correctional institution; (h) any other functions assigned to the official visitor under this or any other Act. (2) An official visitor has power to do all things necessary or convenient to be done for or in connection with the performance of the official visitor's functions and may have free and unfettered access to a correctional institution in respect of which the visitor is appointed. (3) In exercising functions under this Division, an official visitor— (a) must encourage prisoners in the correctional institution to express their own views and give proper weight to those views; and (b) must have regard to relevant legislation and other material, including international conventions and treaties, with a view to promoting the high quality care, treatment and control of prisoners in the correctional institution; and (c) must pay particular attention to the needs and circumstances of prisoners in the correctional institution who— (i) are Aboriginal or Torres Strait Islander persons; or (ii) have a physical, psychological or intellectual disability; and (d) may receive and consider information, reports and materials relevant to exercising the official visitor's statutory functions. (4) Despite any other provision of this Division, an official visitor may conduct a visit to or inspection of any correctional institution (whether or not the official visitor is appointed in respect of the institution) if the official visitor considers it necessary to do so to investigate systemic issues relating to prisoners or the provision of correctional services. (5) An official visitor may receive and consider information, reports and materials, and interview a prisoner or other person, including in accordance with a requirement under section 20E(2), in private. (6) In exercising functions and powers under this Division, an official visitor must, so far as is reasonably practicable, ensure that those functions and powers are exercised in a manner that is not likely to— (a) adversely affect the good order and security of a correctional institution or the safety of any person at, or whose work is connected with, a correctional institution; or (b) adversely affect the protection from disclosure of criminal intelligence or the protection of the health, safety and welfare of a victim of an offence committed by a prisoner. 20E—Provision of information to official visitor (1) A government or non-government organisation that is involved in the provision of services under this or any other Act must, at an official visitor's request, provide the official visitor with free and unfettered access to information relevant to the exercise of the official visitor's functions. (2) If an official visitor has reason to believe that a person is capable of providing information or producing a document that may be relevant to the exercise of the official visitor's functions, the official visitor may, by notice in writing provided to the person, require the person to do 1 or more of the following: (a) to provide that information to the official visitor in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate; (b) to produce that document to the official visitor; (c) to attend before a person specified in the notice and answer relevant questions or produce relevant documents. (3) A notice under subsection (2) is to specify the period within which, or the time, day and place at which, the person is required to provide the information or document, or to attend. (4) A notice under subsection (2) must provide a period of time for compliance with a requirement under that subsection that has been determined by the official visitor to be reasonable in the circumstances. (5) A person must comply with a requirement under subsection (2). Maximum penalty: $5 000. (6) However, information or a document is not required to be provided or produced under this section if to do so would involve the disclosure (directly or indirectly) of information in relation to or connected with a matter that forms or is the subject of a complaint, report, assessment, investigation, referral or evaluation under the Independent Commissioner Against Corruption Act 2012. (7) In addition, information or a document is not required to be provided or produced under this section if to do so would involve the disclosure (directly or indirectly) of— (a) criminal intelligence; or (b) information in relation to or connected with a victim of an offence committed by a prisoner. (8) If a document is produced in accordance with a requirement under this section, the official visitor may take possession of, make copies of, or take extracts from, the document. 20F—Requests to contact official visitor A prisoner in a correctional institution may make a request to contact an official visitor in respect of the correctional institution. 20G—Reporting obligations of official visitor (1) An official visitor may, at any time, provide a report to the Minister on any matter arising out of the performance of the official visitor's functions. (2) An official visitor must, not later than 31 October in each year, provide a report to the Minister on the work of the official visitor during the previous financial year. (3) The Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. (4) If a report laid before Parliament under this section includes recommendations on any matter relating to the management of a correctional institution or for the purposes of improving the quality of care, treatment or control of prisoners, the Minister must, within 8 sitting days of the expiration of 6 months after the report was laid before Parliament, cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken in consequence of those recommendations. 20H—Confidentiality of information Information about individual cases disclosed to an official visitor is to be kept confidential and is not liable to disclosure under the Freedom of Information Act 1991. 20I—Offences (1) A person must not, without reasonable excuse, hinder, resist or threaten an official visitor in the exercise of powers or functions under this Division. (2) A person must not make a statement that the person knows to be false or misleading in a material particular to an official visitor in the provision of information under this Division. (3) A person must not deliberately mislead or attempt to mislead an official visitor in relation to the exercise of powers or functions under this Division by the official visitor. (4) A person must not— (a) prejudice, or threaten to prejudice, the safety or career of; or (b) intimidate or harass, or threaten to intimidate or harass; or (c) do any act that is, or is likely to be, to the detriment of, either of the following: (d) another person because the other person has provided, is providing or will or may in the future provide information to an official visitor in the exercise of powers or functions under this Division; (e) an official visitor in relation to the exercise of powers or functions under this Division by the official visitor. 20J—Conflict of interest (1) An official visitor must inform the Minister in writing of any direct or indirect interest that the official visitor has or acquires that conflicts or may conflict with the official visitor's functions under this Division (including, for example, if the official visitor has been an officer or employee of the Department or another public sector agency, or a member of a Minister's staff). (2) An official visitor must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the official visitor's functions in relation to a particular matter and, unless the conflict is resolved to the Minister's satisfaction, the official visitor is disqualified from acting in relation to the matter.