sec.290Official visitor’s function

### sec.290 Official visitor’s function An official visitor must investigate a complaint made by a prisoner, but only if the complaint is— made by a prisoner at the corrective services facility to which the official visitor is assigned; and about an act or omission of any of the following relating to the prisoner, whether the act was done or omission made before or after the commencement of this section— the chief executive; a person purportedly performing a function, or exercising a power, of the chief executive; a corrective services officer. However, an official visitor must not investigate a complaint if— it involves a matter that is currently before a court or tribunal; or it can be more appropriately dealt with by another person or agency; or it is made by a prisoner with whom the official visitor had a prior personal or professional relationship; or the official visitor’s personal interest in the prisoner conflicts with the public interest; or the official visitor reasonably suspects the complaint involves or may involve corrupt conduct, unless the chief executive has advised the official visitor that— the complaint has been referred to the Crime and Corruption Commission; and the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or the official visitor reasonably believes the complaint is frivolous or vexatious. An official visitor must act impartially when investigating a complaint. An official visitor may arrange for another official visitor assigned to the same corrective services facility to investigate a complaint if— the other official visitor agrees; and the prisoner is not significantly prejudiced by a delay because of the arrangement. After investigating a complaint, an official visitor— may make a recommendation to the chief executive; and must advise the prisoner— whether the official visitor has made a recommendation to the chief executive; and if a recommendation has been made—the terms of the recommendation, without disclosing confidential information. To remove any doubt, it is declared that— the chief executive is not bound by an official visitor’s recommendation; and an official visitor can not overrule a decision about which a complaint has been made. s 290 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 (sec.290-ssec.1) An official visitor must investigate a complaint made by a prisoner, but only if the complaint is— made by a prisoner at the corrective services facility to which the official visitor is assigned; and about an act or omission of any of the following relating to the prisoner, whether the act was done or omission made before or after the commencement of this section— the chief executive; a person purportedly performing a function, or exercising a power, of the chief executive; a corrective services officer. (sec.290-ssec.2) However, an official visitor must not investigate a complaint if— it involves a matter that is currently before a court or tribunal; or it can be more appropriately dealt with by another person or agency; or it is made by a prisoner with whom the official visitor had a prior personal or professional relationship; or the official visitor’s personal interest in the prisoner conflicts with the public interest; or the official visitor reasonably suspects the complaint involves or may involve corrupt conduct, unless the chief executive has advised the official visitor that— the complaint has been referred to the Crime and Corruption Commission; and the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or the official visitor reasonably believes the complaint is frivolous or vexatious. (sec.290-ssec.3) An official visitor must act impartially when investigating a complaint. (sec.290-ssec.4) An official visitor may arrange for another official visitor assigned to the same corrective services facility to investigate a complaint if— the other official visitor agrees; and the prisoner is not significantly prejudiced by a delay because of the arrangement. (sec.290-ssec.5) After investigating a complaint, an official visitor— may make a recommendation to the chief executive; and must advise the prisoner— whether the official visitor has made a recommendation to the chief executive; and if a recommendation has been made—the terms of the recommendation, without disclosing confidential information. (sec.290-ssec.6) To remove any doubt, it is declared that— the chief executive is not bound by an official visitor’s recommendation; and an official visitor can not overrule a decision about which a complaint has been made. - (a) made by a prisoner at the corrective services facility to which the official visitor is assigned; and - (b) about an act or omission of any of the following relating to the prisoner, whether the act was done or omission made before or after the commencement of this section— (i) the chief executive; (ii) a person purportedly performing a function, or exercising a power, of the chief executive; (iii) a corrective services officer. - (i) the chief executive; - (ii) a person purportedly performing a function, or exercising a power, of the chief executive; - (iii) a corrective services officer. - (i) the chief executive; - (ii) a person purportedly performing a function, or exercising a power, of the chief executive; - (iii) a corrective services officer. - (a) it involves a matter that is currently before a court or tribunal; or - (b) it can be more appropriately dealt with by another person or agency; or - (c) it is made by a prisoner with whom the official visitor had a prior personal or professional relationship; or - (d) the official visitor’s personal interest in the prisoner conflicts with the public interest; or - (e) the official visitor reasonably suspects the complaint involves or may involve corrupt conduct, unless the chief executive has advised the official visitor that— (i) the complaint has been referred to the Crime and Corruption Commission; and (ii) the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or - (i) the complaint has been referred to the Crime and Corruption Commission; and - (ii) the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or - (f) the official visitor reasonably believes the complaint is frivolous or vexatious. - (i) the complaint has been referred to the Crime and Corruption Commission; and - (ii) the Crime and Corruption Commission’s chairperson has advised the chief executive that the commission does not intend to investigate the complaint; or - (a) the other official visitor agrees; and - (b) the prisoner is not significantly prejudiced by a delay because of the arrangement. - (a) may make a recommendation to the chief executive; and - (b) must advise the prisoner— (i) whether the official visitor has made a recommendation to the chief executive; and (ii) if a recommendation has been made—the terms of the recommendation, without disclosing confidential information. - (i) whether the official visitor has made a recommendation to the chief executive; and - (ii) if a recommendation has been made—the terms of the recommendation, without disclosing confidential information. - (i) whether the official visitor has made a recommendation to the chief executive; and - (ii) if a recommendation has been made—the terms of the recommendation, without disclosing confidential information. - (a) the chief executive is not bound by an official visitor’s recommendation; and - (b) an official visitor can not overrule a decision about which a complaint has been made.