This Act creates an independent Custodial Inspector with statutory powers to inspect prisons and youth detention centres, access records and people, require documents, and report findings to ministers and Parliament. Its stated purpose is independent, proactive, preventative and systemic oversight of custodial centres. It affects prisoners, detainees, correctional staff, government departments and external service providers by imposing inspection duties, information‑sharing and confidentiality rules, offences and penalties for non‑compliance, and legal protections for inspectors and people who provide information.
This Act establishes an independent office, the Custodial Inspector, and sets out the Inspector’s appointment, functions, powers, reporting duties, limits on disclosure, and enforcement provisions. Mechanically, the Act does the following.
Creates the office of Custodial Inspector, appointed by the Governor (s 5; Sch 1). The instrument of appointment fixes a term not exceeding five years (Sch 1 cl 4) and the Governor may suspend or, on addresses from both Houses, remove the Inspector (Sch 1 cls 7-8). The office may be held in conjunction with the Ombudsman (Sch 1 cl 2(2)). The Act provides for acting appointments and filling vacancies (Sch 1 cls 3, 9).
Confers ongoing functions on the Inspector: mandatory inspections at least once every three years of each custodial centre (s 6(1)(a); s 13); occasional inspections or reviews at any time (s 6(1)(b); s 14); publishing guidelines and standards for inspections (s 6(1)(c)); reporting to the responsible Minister and Parliament including an annual report (s 6(1)(d), (f), (g); s 26); and making recommendations on safety, care, wellbeing and rehabilitation (s 6(1)(h)).
Grants extensive inspection and information‑gathering powers: enter and examine custodial centres and related vehicles and equipment (s 8(a), (d)); obtain full access to documents, including health records, held by departments, public authorities or other prescribed bodies (s 8(b)); require staff and service providers to supply information, produce documents and attend to answer questions (s 8(c), (e); s 31); and access and communicate with persons in custody (s 8(g); s 17). The Inspector may photograph and record (s 18).
Prescribes procedural protections for subjects of adverse comment and for departmental fairness: the Inspector must give reasonable opportunity to be heard before adverse comments are included in reports, and must provide a draft to the responsible Secretary if adverse comments concern a department (s 20).
Current sections
Direct links to the current provisions in Custodial Inspector Act 2016.
(a) the Minister responsible for the custodial centre; or
(b) in the case of services provided in a custodial centre, or action taken by a public authority, the Minister to whom the Department responsible for the provision of those services is responsible, or having administration of that authority or the enactment under which the action was taken;
responsible Secretary means –
(a) the Secretary responsible for the custodial centre; or
(b) in the case of services provided in a custodial centre, the Secretary of the Department responsible for the provision of those services;
Secretary means the Secretary of the Department;
State Service corrections employee means a person, other than a correctional officer, or probation officer, within the meaning of the Corrections Act 1997 , who is appointed or employed pursuant to section 5(2) of that Act.
Part 2
Custodial Inspector
Part 2 Custodial Inspector
5
Custodial Inspector
5 Custodial Inspector
(1) The Governor may appoint a person as Custodial Inspector.
(2) Schedule 1 has effect with respect to the Inspector and his or her appointment.
6
Functions
6 Functions
(1) The Inspector has the following functions:
(a) to carry out a mandatory inspection of each custodial centre at least once every 3 years;
(b) to carry out an occasional inspection and review of any custodial centre at any time, of his or her own accord or as requested by the responsible Minister;
(c) to prepare and publish guidelines and standards in relation to the conduct of inspections;
(d) to report to the responsible Minister or Parliament on the various inspections carried out by the Inspector;
(e) to report to the responsible Minister or Parliament on any particular issue or general matter relating to the functions of the Inspector if, in his or her opinion, it is in the interest of any person or in the public interest to do so;
(f) to report to Parliament on any particular issue or general matter relating to the functions of the Inspector if requested to do so by either House of Parliament or a Committee of either House of Parliament;
(g) to provide an annual report to Parliament;
(h) to include in any report such advice or recommendations as the Inspector thinks appropriate including, but not limited to –
(i) advice or recommendations relating to the safety, custody, care, wellbeing and rehabilitation of prisoners and detainees; and
(ii) information relating to education and programs to assist in the rehabilitation of prisoners and detainees;
(i) such other functions as may be conferred or imposed on the Inspector under this or any other Act.
(2) The Inspector may from time to time amend the guidelines and standards prepared and published under subsection (1) .
7
Independence of Inspector
7 Independence of Inspector
In performing his or her functions, the Inspector must act independently, impartially and in the public interest.
8
Powers
8 Powers
The Inspector has the following powers:
(a) to visit and examine any custodial centre, and any vehicle, equipment, container or other thing in a custodial centre, at any time the Inspector thinks fit;
(b) to obtain full access to all documents, including health records, that –
(i) are in the possession of a Department, public authority or any other body or person prescribed by the regulations; and
(ii) relate to any custodial centre or persons in custody or detained, or residing, at a custodial centre –
and to make copies of, or take extracts from, those documents or records and to remove and retain those copies or extracts;
(c) to require, in any reasonable manner that the Inspector considers appropriate, a person whose work is concerned with the operation of a custodial centre to provide any information that is relevant to the performance or exercise of the Inspector's functions or powers under this Act;
(d) to enter and examine any equipment or container outside a custodial centre which is used in connection with the custodial centre, and any vehicle used to transport prisoners or detainees, at any time the Inspector thinks fit and with any assistance or equipment that the Inspector thinks is reasonably necessary;
(e) to require any member of the staff of the custodial centre or other person who provides services to prisoners or detainees to –
(i) supply information or produce documents or other things relating to any matter, or class of matters, concerning the custodial centre's operations; and
(ii) attend before the Inspector to answer questions or produce documents or other things relating to a custodial centre's operations;
(f) to refer matters relating to a custodial centre to an appropriate agency for consideration or action;
(g) to obtain access to, and communicate with, persons in custody or detained or residing at a custodial centre;
(h) to do all things necessary or convenient to be done in connection with the performance and exercise of his or her functions and powers under this Act.
9
Offence not to comply with Inspector's requirement
9 Offence not to comply with Inspector's requirement
A person must comply with a requirement of the Inspector under section 8(c) unless to do so would require the person to provide information, answer questions, or produce documents –
(a) in respect of which there is a lawful claim or right of privilege; or
(b) that may incriminate the person in an offence.
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
10
Delegation
10 Delegation
The Inspector may delegate any of his or her functions or powers under this Act, other than this power of delegation, to –
(a) any officer or employee made available to enable the Inspector to perform and exercise his or her functions and powers; and
(b) a person, or class of persons, prescribed by the regulations for the purposes of this section.
11
Appointment of staff
11 Appointment of staff
(1) Subject to and in accordance with the State Service Act 2000 , a person may be appointed or employed for the purposes of enabling the Inspector to perform and exercise his or her functions and powers under this Act.
(2) The Inspector may make arrangements with the Secretary for State Service officers and State Service employees employed in the Department to be made available to enable the Inspector to perform and exercise his or her functions and powers under this Act.
(3) A State Service officer or State Service employee made available under subsection (2) may serve the Inspector in any capacity in conjunction with State Service employment.
12
Notification of ceasing to be staff of Inspector &c.
12 Notification of ceasing to be staff of Inspector &c.
If a person ceases to be a member of the staff of the Inspector, or ceases to be a person to whom a delegation is given under section 10 , the Inspector is to notify the Secretary of that cessation within 30 days of it occurring.
Part 3
Inspections
Part 3 Inspections
13
Mandatory inspections
13 Mandatory inspections
At least once every 3 years the Inspector is to inspect each custodial centre.
14
Occasional inspections and reviews
14 Occasional inspections and reviews
In addition to any inspection carried out under section 13 , the Inspector may, at any time and on any number of occasions, inspect and review any custodial centre or any aspect of a custodial centre.
15
Inspection report
15 Inspection report
(1) The Inspector is to prepare an inspection report on his or her findings in relation to each mandatory inspection.
(2) An inspection report may contain such advice or recommendations as the Inspector considers necessary or appropriate in relation to the findings.
(b) the document has not been laid before that House –
the Inspector is to transmit a copy of the report to the Clerk of that House.
(7) A copy of a report transmitted to the Clerk of a House is taken to have been laid before that House.
16
Inspector, &c., to provide identification
16 Inspector, &c., to provide identification
(1) The Secretary is to issue to the Inspector an identity card.
(2) The Inspector is to issue to each officer of the Inspector an identity card.
(3) An identity card is to be in a form approved by the Secretary but it must contain at least the name and a recent photograph of the person to whom it is issued.
(4) The Inspector, and an officer of the Inspector, when performing his or her functions under this Act, must allow a prisoner, detainee, correctional officer, State Service corrections employee or member of staff of a custodial centre to inspect his or her identity card.
(5) When a person ceases for any reason to hold the office of Inspector or to be an officer of the Inspector, the Secretary is to take reasonable measures to retrieve the person's identity card or ensure that it has been properly disposed of.
(2) The person in charge of a custodial centre, each member of the staff of the custodial centre and any person providing services in a custodial centre –
The Inspector and any officer of the Inspector may take such photographs, films or audio or visual recordings as he or she considers necessary.
19
Reporting on occasional inspections and reviews
19 Reporting on occasional inspections and reviews
(1) The Inspector may, at any time, provide a report to the responsible Minister on any matter relating to an occasional inspection and review and give advice or make recommendations as the Inspector considers necessary or appropriate in relation to the matter.
(2) If, at any time after providing a report under subsection (1) , the Inspector considers it necessary or appropriate to do so, he or she may table the report in each House of Parliament.
(3) The responsible Minister may prepare a response to the report and provide it to the Inspector.
20
Opportunity to be heard
20 Opportunity to be heard
(1) The Inspector is not to make a report on a mandatory inspection or an occasional inspection and review that contains adverse or derogatory comments in respect of a person unless the Inspector has given the person a reasonable opportunity –
(a) to appear before him or her; or
(b) to make representations, either orally or in writing.
(2) The Inspector is not to make a report on a mandatory inspection or an occasional inspection and review that contains adverse or derogatory comments in respect of the department responsible for the relevant custodial centre or the services provided in the custodial centre, unless –
(a) the Inspector has given the responsible Secretary, and any relevant officer or employee of the responsible department, a reasonable opportunity –
(i) to appear before him or her; or
(ii) to make representations, either orally or in writing; and
(b) the Inspector has provided a draft of the report to the responsible Secretary.
(3) If, during or after a mandatory inspection or an occasional inspection and review, the Inspector is of the opinion that there is evidence of a breach of duty or misconduct on the part of the responsible Secretary or any officer or employee of a department, and that, in all the circumstances, the evidence is of sufficient force to justify his or her doing so, the Inspector is to bring the evidence –
(a) in the case of the responsible Secretary, to the notice of the responsible Minister; and
(b) in any other case, to the notice of the responsible Secretary.
21
Recommendations with respect to report
21 Recommendations with respect to report
(1) The Inspector may make such recommendations with respect to a report on a mandatory inspection or an occasional inspection and review as he or she considers necessary or appropriate.
(2) If the Inspector makes a recommendation to the responsible Secretary, he or she may request the responsible Secretary to notify him or her, within a specified time, of the steps that have been or are proposed to be taken to give effect to the recommendation, or, if no such steps have been or are proposed to be taken, the reasons why they have not been taken or, as the case may be, are not proposed to be taken.
(3) Where it appears to the Inspector that no appropriate steps have been taken within a reasonable time, he or she may, after considering any written comments made by or on behalf of the responsible Secretary to whom the recommendation was made, send to the Premier and the responsible Minister a copy of the recommendation together with a copy of any such comments.
22
Public interest considerations
22 Public interest considerations
(1) The Inspector must not disclose information in a report to Parliament if, on balance, the public interest considerations against disclosure outweigh the public interest considerations in favour of disclosure.
(2) There are public interest considerations against disclosure of information for the purposes of this Act if disclosure of the information could reasonably be expected to have one or more of the following effects:
(a) prejudice the supervision of, or facilitate the escape of, any person in lawful custody or detention;
(b) prejudice the security, discipline or good order of any custodial centre;
(c) prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth);
(d) reveal or tend to reveal the identity of an informant or prejudice the future supply of information from an informant;
(e) identify or allow the identification of a person who is or was detained at a custodial centre or his or her relative;
(f) endanger, or prejudice any system or procedure for protecting, the life, health or safety of any person who is in custody, or detained or residing at a custodial centre;
(g) identify or allow the identification of a member of the staff of the custodial centre, the Department, a public authority or any other body or person prescribed by the regulations, or endanger, or prejudice any system or procedure for protecting, the life, health or safety of such a staff member or other person.
23
Schedule of inspections
23 Schedule of inspections
The Inspector may publish a schedule of the dates at which he or she intends to carry out mandatory inspections or occasional inspections and reviews.
Part 4
Offences
Part 4 Offences
24
Disclosure of information
24 Disclosure of information
(1) A person who is or has been the Inspector or an officer of the Inspector must not, either directly or indirectly, make a record of, or disclose, any information that was –
(a) acquired in his or her official capacity; and
(b) disclosed or obtained under this Act.
Penalty: Fine not exceeding 20 penalty units.
(2) Except as provided in subsections (3) and (4) , subsection (1) does not prevent the making of a record or the disclosure of information where the making of the record or the disclosure –
(a) was reasonably required for the proper discharge of the functions of the Inspector; or
(b) was done with the approval –
(i) in the case of information given by an officer of a custodial centre or of a department which provides a service at a custodial centre – of the responsible Secretary or the responsible Minister; or
(ii) in the case of information given by a member of a public authority – of the governing body of the authority or the responsible Minister; or
(iii) in any other case – of the person by whom the information was given (but only if that person is entitled or authorised to give the information).
(3) Subsection (1) does not prevent the Inspector from giving information relating to a matter arising wholly or partly under the law of another Commonwealth jurisdiction to a person performing in that jurisdiction functions similar to those performed by the Inspector under this Act.
(4) Subsection (1) does not prevent the disclosure of information to the Integrity Commission, coroner or Auditor-General if the information is relevant to the performance or exercise by the Integrity Commission, coroner or Auditor-General, respectively, of its, his or her functions or powers.
(5) A person who is or has been the Inspector or an officer of the Inspector must not, in proceedings before a court, or before a person authorised by law, or by consent of parties, to hear, receive, and examine evidence, be compelled to disclose information that was –
(a) acquired in his or her official capacity; and
(b) disclosed or obtained under this Act.
(6) A person must not use any information disclosed or obtained under this Act for his or her benefit or the benefit of any other person.
Penalty: Fine not exceeding 50 penalty units.
(7) In this section –
(a) a reference to information includes a reference to the contents of a record; and
(b) a reference to the disclosure of information includes a reference to the delivery or giving to a person of that record or a copy of it or of any part of it.
25
Offences against Inspector
25 Offences against Inspector
A person must not –
(a) without reasonable excuse, wilfully obstruct, hinder, resist or threaten the Inspector, or an officer of the Inspector, in the performance of functions under this Act; or
(b) without reasonable excuse, refuse, or wilfully fail, to comply with any lawful requirement of the Inspector or an officer of the Inspector; or
(c) wilfully make any false statement to mislead, or attempt to mislead, the Inspector or an officer of the Inspector.
(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; or
(d) incite or permit another person to take any of the actions specified in paragraph (a) , (b) or (c) in relation to –
another person because the other person has provided, is providing or may in the future provide information, whether true or false, to the Inspector, or an officer of the Inspector, for the purposes of this Act.
Penalty: Fine not exceeding 240 penalty units or imprisonment for a term not exceeding 2 years, or both.
Part 5
Miscellaneous
Part 5 Miscellaneous
26
Annual report
26 Annual report
(1) The Inspector is required to table in each House of Parliament, within the period of 4 months after 30 June in each year, a report of the Inspector’s operations during the year ended on that 30 June.
(2) A report by the Inspector under this section must include the following:
(a) a description of the Inspector’s activities during that year in relation to each of the Inspector’s principal functions;
(b) an evaluation of the response of relevant authorities to the recommendations of the Inspector;
(c) any recommendations for changes in the laws of the State, or for administrative action, that the Inspector considers should be made as a result of the performance of the Inspector’s functions.
27
Exemption from Personal Information Protection Act 2004
27 Exemption from Personal Information Protection Act 2004
A person who is a personal information custodian, within the meaning of the Personal Information Protection Act 2004 , is not taken to have contravened that Act by reason of collecting, using, disclosing or otherwise dealing with information for the purposes of this Act.
28
Request by responsible Minister
28 Request by responsible Minister
(1) The responsible Minister may bring a matter to the attention of the Inspector and request that the Inspector carry out an inspection of a custodial centre in respect of the matter.
(1) If the Inspector considers that a matter raised by, or during the course of, a mandatory inspection or an occasional inspection and review should be investigated by the Ombudsman or another person or a body that has functions under any law of Tasmania, another State, a Territory or the Commonwealth, the Inspector may refer the matter to the Ombudsman, or other person or body (as the case requires) for investigation.
(2) The Inspector's powers to inspect or review, or report on, a matter are not affected by the matter having been referred under subsection (1) for investigation.
30
Sharing information with Ombudsman
30 Sharing information with Ombudsman
The Inspector may, at any time, furnish to the Ombudsman information obtained by the Inspector in performing functions under this or any other Act if the Inspector is of the opinion that the information relates to conduct that could be the subject of a complaint under the Ombudsman Act 1978 .
31
Inspector may require documents &c.
31 Inspector may require documents &c.
The Inspector may, by notice served on a person, require that person to produce to the Inspector, or a person designated by the Inspector, any document or thing in that person's possession or control which the Inspector considers relevant to a mandatory inspection or an occasional inspection and review.
32
Evidence &c.
32 Evidence &c.
(1) The Crown is not entitled to prevent or obstruct records from being produced, or evidence from being given, for the purpose of a mandatory inspection or an occasional inspection and review under this Act notwithstanding that it would be so entitled if the inspection or review were a legal proceeding held before a court.
(2) A person is not excused from giving information, or producing a record or answering a question, when required to do so under this Act on the ground that to do so would disclose legal advice furnished to a government department or other authority to which this Act applies.
33
Protection from liability
33 Protection from liability
(1) Anything done or omitted to be done, in good faith, by the Inspector or an officer of the Inspector does not subject the Inspector or officer to any action, liability, claim or demand.
(2) The Inspector, or an officer of the Inspector, does not incur any personal liability in respect of any act done or omitted to be done by the Inspector or officer in good faith in the performance or exercise, or purported performance or exercise, of any function or power under this Act.
(3) A civil liability that would, but for this section, attach to the Inspector or an officer of the Inspector attaches to the Crown.
(1) This section applies if a person provides information to the Inspector or an officer of the Inspector –
(a) as requested or required by the Inspector or an officer of the Inspector under this Act; or
(b) of their own volition for the purposes of this Act.
(2) In so far as the information referred to in subsection (1) is provided in good faith, whether the information is true or false, the person –
(a) does not incur any civil or criminal liability; and
(b) cannot be held to have breached any code of professional etiquette or ethics, or to have departed from any accepted standard of professional conduct; and
(c) cannot be held to have contravened any Act –
in respect of the provision of that information.
35
Regulations
35 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(3) The regulations may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.
(4) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Inspector or any other person or body specified in the regulations.
(1) A person must not be appointed as, or carry out the role of, Inspector if he or she –
(a) is, or becomes, a member of a House of Parliament; or
(b) is, or becomes, a candidate for election as a member of a House of Parliament; or
(c) has, within the previous 3 years, been a member of a House of Parliament.
(2) A person may hold office as Inspector in conjunction with the office of Ombudsman under the Ombudsman Act 1978 .
3. Acting Inspector
(1) In this clause, the Inspector is absent if he or she –
(a) is absent from duty; or
(b) is absent from Australia; or
(c) is suspended from the office of Inspector; or
(d) is otherwise unable to perform the functions of that office.
(2) The Minister may appoint a person to act as Inspector during any or every period during which the Inspector is absent.
(3) While a person appointed under subclause (2) is acting as Inspector –
(a) that person is taken to be the Inspector; and
(b) this Act and any other Act applies to that person as if he or she were the Inspector.
4. Term of office
The Inspector holds office for such term, not exceeding 5 years, as is specified in the instrument of appointment and may be reappointed.
5. Conditions of appointment
(1) The Inspector is entitled to be paid the remuneration and allowances determined by the Governor from time to time.
(2) If a State Service officer or State Service employee is appointed as Inspector, that officer or employee is entitled to retain all his or her existing and accruing rights as if service as Inspector were a continuation of service as such an officer or employee.
(3) Where a person ceases to be Inspector and becomes a State Service officer or State Service employee, service as Inspector is service in the State Service for the purposes of determining his or her rights as such an officer or employee.
(4) The Inspector holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.
The Inspector may resign by signed notice given to the Governor.
7. Suspension
(1) The Governor may suspend the Inspector from office if the Governor is satisfied that the Inspector –
(a) is physically or mentally incapable of continuing as Inspector; or
(b) is unable to perform adequately or competently the functions of the office of Inspector; or
(c) has been convicted, in Tasmania or elsewhere, of an offence punishable by a term of imprisonment; or
(d) has become bankrupt, applied to take the benefit of the law for the relief of bankrupt or insolvent debtors, compounded with creditors or made an assignment of his or her remuneration or estate for their benefit; or
(e) has engaged in misconduct.
(2) Where the Inspector has been suspended from office, the Inspector is restored to office if –
(a) a statement specifying the reasons for the suspension is not laid before each House of Parliament during the first 7 sitting-days of that House following the suspension; and
(b) each House of Parliament does not pass an address praying for the removal of the Inspector from office during the session in which, and within 30 sitting-days after, such a statement is laid before it.
8. Removal from office
(1) The Governor, on addresses from both Houses of Parliament, may remove the Inspector from office.
(2) The Inspector may not be removed from office except as provided in subclause (1) .
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Custodial Inspector Act 2016 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Purpose of Act
3 Purpose of Act
The purpose of this Act is to provide independent, proactive, preventative and systemic oversight of custodial centres by the Custodial Inspector.
4 Interpretation
4 Interpretation
In this Act, unless the contrary intention appears –
correctional officer means a correctional officer within the meaning of the Corrections Act 1997 ;
custodial centre means –
(a) a prison within the meaning of the Corrections Act 1997 ; and
(b) a detention centre –
but does not include any police station or court cell complex;
detainee means a person, other than a prisoner, who is lawfully held in a custodial centre;
detention centre means a detention centre within the meaning of the Youth Justice Act 1997 ;
Inspector means the Custodial Inspector appointed under section 5 ;
mandatory inspection means an inspection carried out under section 13 ;
occasional inspection and review means an inspection and review carried out under section 14 ;
[Section 4 Amended by No. 27 of 2025, s. 4, Applied:23 Dec 2025] means a person who is appointed or employed under and includes a person to whom a function or power is delegated in accordance with or ;
Sets publication and parliamentary laying mechanics: inspection reports must be delivered to the responsible Minister as soon as practicable (s 15(3)); the Inspector is to lay mandatory inspection reports before each House, not before 14 days after delivery to the Minister, and as soon as practicable after that 14‑day period (s 15(5)-(6)).
Regulates confidentiality and disclosure: it creates offences for unauthorised disclosure by the Inspector or officers (s 24), lists public interest considerations against disclosure (s 22), and specifies permitted disclosures to other oversight agencies such as the Integrity Commission, Auditor‑General and the Ombudsman (s 24(4); s 30). The Act exempts personal information custodians from contravening the Personal Information Protection Act 2004 when dealing with information for the purposes of this Act (s 27).
Provides enforcement and protections: offences for obstructing or misleading the Inspector (s 25), a reprisal offence protecting persons who provide information to the Inspector (s 25A, inserted 2025), immunity for Inspector officers acting in good faith (s 33), and protection from liability for persons supplying information in good faith (s 34, substituted 2025).
Purpose statements in the Act identify the policy objective as independent, proactive, preventative and systemic oversight of custodial centres (s 3). The Act implements that objective by mandating periodic inspection cycles, enabling ad hoc reviews, and giving the Inspector broad powers to require documents and speak with detainees and prisoners. The Act also sets out restraints on publication and disclosure for operational security, privacy and national security reasons (s 22). Administration is assigned, until otherwise ordered, to the Minister for Corrections and the Department of Justice (s 36), and the Secretary is directed to issue identity cards and support staffing arrangements (ss 11, 16).
The remainder of this deep dive expands on the main concepts, who is affected, duties and rights, enforcement, interactions with other laws, the amendment history embedded in the text, the (non)litigation record in the instrument itself, practical pitfalls, and recommended compliance steps. All propositions below are grounded in the text of the Act; section and schedule references are cited where relevant.
Main concepts
This Act organises around a small set of legal and administrative concepts. Understanding them is essential to applying and complying with the Act.
Custodial centre, prisoner and detainee: the Act defines custodial centre to include prisons (as defined in the Corrections Act 1997) and detention centres (Youth Justice Act 1997) but to exclude police stations and court cells (s 4). “Prisoner” and “detainee” are separately defined; prisoner covers persons sentenced to imprisonment (s 4). The Act therefore covers adult prisons and youth detention centres as prescribed by those cross‑references.
Inspector and officers: the Custodial Inspector is a statutory office appointed by the Governor (s 5). “Officer of the Inspector” is defined to include persons appointed or employed under s 11 and persons to whom functions or powers are delegated under s 10(aa) or (b) (s 4, as amended). Schedule 1 provides eligibility rules, terms of office, suspension and removal procedures and expressly permits the Inspector to be the Ombudsman concurrently (Sch 1 cl 2(2)).
Mandatory vs occasional inspections: mandatory inspections require that each custodial centre be inspected at least once every three years (s 6(1)(a); s 13). Occasional inspections and reviews may be performed at any time, on the Inspector’s own initiative or at the responsible Minister’s request (s 6(1)(b); s 14; s 28(1)). The Act distinguishes mandatory inspections by requiring a written inspection report to the responsible Minister and specific parliamentary laying rules (s 15).
Powers to obtain information and compel cooperation: the Inspector has wide-ranging powers to access documents, including health records, in the possession of departments, public authorities and other prescribed bodies, and to copy and remove extracts (s 8(b)). The Inspector may require persons involved with the operation of a custodial centre to provide information in any reasonable manner (s 8(c)), and may require staff and service providers to supply documents and attend to answer questions (s 8(e); s 31). Section 32 limits the ability of the Crown to prevent production of records in the course of inspections and provides that departments cannot refuse production on the ground that it would disclose legal advice furnished to the department (s 32(1)-(2).
Procedural safeguards: before making adverse or derogatory comments the Inspector must give a reasonable opportunity to be heard (s 20(1)), and if the department is the target, the draft must be provided to the responsible Secretary and an opportunity to appear or make representations given (s 20(2)). If evidence of breach of duty or misconduct is found in respect of the responsible Secretary or a departmental officer, the Inspector has mandatory reporting duties to the responsible Minister or Secretary (s 20(3)).
Reporting, publication and secrecy trade‑offs: mandatory inspection reports must be prepared and delivered to the responsible Minister as soon as practicable (s 15(1), (3)). The Inspector is to lay reports before Parliament after a 14‑day delay (s 15(5)-(6)). The Inspector must balance disclosure against enumerated public interest considerations that may justify non‑disclosure, including risks to supervision, security, identification of detainees or staff, and national security (s 22).
Confidentiality and information use: persons who are or have been the Inspector or officers must not disclose information acquired in official capacity or disclosed under the Act, subject to statutory exceptions (s 24(1)-(4A)). The Act also protects persons who supply information in good faith from civil or criminal liability and from breaches of professional standards (s 34).
Enforcement and protection: the Act criminalises obstruction, non‑cooperation and making false statements to the Inspector (s 25); creates a reprisal offence for acts against persons who provide information to the Inspector (s 25A); and prescribes penalties tied to penalty units and imprisonment in some cases (ss 9, 24, 25, 25A). The Inspector and officers are protected from civil liability for acts done in good faith (s 33).
These concepts are interrelated: wide powers to gather information (s 8, s 31) are balanced by procedural fairness (s 20) and tightly drawn confidentiality regimes (s 24, s 22). The Act also creates systematic routes for escalations and inter‑agency sharing (s 29-30). Delegation mechanisms (s 10) and staff arrangements (s 11) shape how the Inspector will operationally carry out inspections; the 2025 amendments expand delegation to persons appointed specifically for inspections (s 10(aa)), which affects the composition of inspection teams and the breadth of delegated powers.
Who it affects
The Act directly affects a set of institutional actors and categories of persons connected to custodial centres. It also has indirect effects on associated service providers and oversight agencies.
Custodial centres and their staff: defined custodial centres (s 4) and their personnel are primary subjects. The person in charge, correctional officers (cross‑referenced to the Corrections Act 1997) and State Service corrections employees are required to allow access and to co‑operate with interviews, subject to the Act’s limits (ss 4 definitions; 17; 8(c), (e)). Staff must comply with requirements to provide information, produce documents, and attend to answer questions (s 8(e); s 31) and can face penalties for obstruction or false statements (s 25).
Prisoners and detainees: the Act gives the Inspector rights of access to prisoners and detainees “at all reasonable times” (s 17(1)). The Inspector may interview prisoners or detainees out of the hearing of third parties and may communicate with them (s 17(2); s 8(g)). The Act also protects their correspondence with the Inspector from copying, removal or reading without their approval (s 17(2)(b)).
Departments and Ministers: the responsible Minister and responsible Secretary are central players. The Inspector must deliver inspection reports to the responsible Minister (s 15(3)), may receive written requests from the responsible Minister to inspect particular matters (s 28), and the responsible Minister or Secretary may prepare and supply responses to reports (ss 15(4), 19(3), 21(2)).
Service providers and third parties: the Inspector’s powers extend to “any other body or person prescribed by the regulations” (s 8(b)). The Inspector can require persons who provide services in custodial centres to furnish information and documents and to attend (s 8(e)). Private contractors operating inside custodial centres will therefore be subject to information requests and production notices under s 31.
Oversight and integrity bodies: the Act contemplates interaction with Ombudsman functions (s 29-30) and specifically permits disclosure to the Integrity Commission, the coroner or the Auditor‑General where relevant (s 24(4)). The Inspector may refer matters to bodies that have investigatory functions under Tasmanian law or other jurisdictions (s 29(1)), and may share information with the Ombudsman where the information concerns conduct that could be the subject of an Ombudsman complaint (s 30).
Those who supply information: the Act protects persons who provide information in good faith from civil or criminal liability and from breach of professional standards (s 34). At the same time, disclosure of Inspector‑held information by Inspector staff is criminalised except where permitted (s 24), putting obligations on officers handling sensitive information.
The Crown and its legal advisers: s 32(1) removes the Crown’s entitlement to prevent or obstruct production of records for the purpose of an inspection, even where such privilege would apply in court. Moreover, s 32(2) provides that persons are not excused from producing records on the ground that doing so would disclose legal advice furnished to a government department or other authority to which the Act applies.
Indirectly, the Act affects private parties whose business model relies on confidentiality or on non‑disclosure of records held in connection with custodial services. It also affects departmental resourcing because s 11 contemplates staff being appointed or made available under the State Service Act 2000, and Sch 1 cl 5(1) provides for remuneration determined by the Governor. Administration is assigned to the Minister for Corrections and the Department of Justice until otherwise ordered (s 36), which signals where operational costs and administrative responsibility will sit initially.
Finally, the Act contains cross‑references and consequential amendments that create interaction points with at least eight other Acts and regulations listed in Schedule 2, meaning that practitioners should review those instruments for overlapping obligations and definitions (Sch 2).
Key duties and rights
This Act creates duties to cooperate with inspection activity, sets rights of access for the Inspector and rights of procedural fairness for persons and departments, and imposes confidentiality duties on officers of the Inspector.
Key duties
Duty to grant access and co‑operate: custodial centre managers, staff and service providers must allow the Inspector and officers to visit and examine custodial centres, equipment, vehicles and other things at times the Inspector deems fit (s 8(a), (d)). They must allow the Inspector to conduct interviews with prisoners or detainees out of hearing (s 17(2)(a)).
Duty to supply information and documents: persons whose work concerns operation of a custodial centre must provide information relevant to the Inspector’s functions in any reasonable manner (s 8(c)). Members of staff and service providers may be required to produce documents, supply information and attend to answer questions (s 8(e); s 31). Failure to comply with a requirement under s 8(c) is an offence unless compliance would require disclosure of privileged information or self‑incriminating material (s 9).
Duty to maintain confidentiality under the Act: the Inspector and officers must not make a record of or disclose information acquired in an official capacity or disclosed under the Act except where permitted by the statutory exceptions (s 24(1)-(4A)). This duty extends to former Inspectors and officers (s 24(1)).
Key rights
Right of access to prisoners and detainees: the Inspector and officers are entitled to access prisoners and detainees at all reasonable times and to communicate with them (s 17(1); s 8(g)). Prisoners’ correspondence to and from the Inspector is protected from copying, removal or reading without their approval (s 17(2)(b)).
Right to procedural fairness before adverse publication: the Inspector must give persons and responsible Secretaries a reasonable opportunity to appear or make representations before including adverse or derogatory comments in a report (s 20(1)-(2)). For departmental adverse comments, the Inspector must provide a draft report to the responsible Secretary (s 20(2)(b)).
Rights to confidentiality and evidentiary protection for inspectors: Inspector officers cannot be compelled in court to disclose information acquired in their official capacity (s 24(5)). They are protected from civil liability for acts done in good faith in the exercise of functions under the Act (s 33(1)-(3)).
Rights to seek government response and parliamentary scrutiny: the Inspector delivers inspection reports to the responsible Minister (s 15(3)), may be provided with a ministerial response (s 15(4)), and must lay reports before Parliament after a 14‑day delay (s 15(5)-(6)). The annual report, to be tabled within four months after 30 June each year, must describe activities, evaluate responses to recommendations and propose any legal or administrative changes (s 26).
Interaction of duties and rights that practitioners should note
Privilege vs production: while individuals can refuse to provide information if it would require them to disclose privileged information or self‑incriminate (s 9), s 32(2) explicitly removes the excuse of withholding records on the ground that production would disclose legal advice furnished to a government department or authority to which the Act applies. That creates a specific duty on departments to produce legal advice for inspection purposes even where legal professional privilege might otherwise be claimed in litigation contexts.
Opportunity to be heard is mandatory before adverse publication: s 20 requires a reasonable opportunity to be heard and, where the department is involved, review of a draft. That duty imposes procedural steps on the Inspector and creates a timetable that departments and officers can use to prepare responses and mitigation.
Confidentiality exceptions: s 24 lists narrow exceptions to the non‑disclosure duty for Inspector officers, including disclosures reasonably required for the Inspector’s functions, disclosures to similar officers in other Commonwealth jurisdictions (s 24(3)), and disclosures to the Integrity Commission, coroner or Auditor‑General where relevant (s 24(4)). The 2025 amendment (s 24(4A)) further clarifies that disclosure to a public authority or the responsible Minister is permitted.
Duties to report and to seek responses
Recommendations and follow‑up: the Inspector can make recommendations and request that the responsible Secretary notify steps taken within a specified time (s 21(1)-(2)). If no appropriate steps are taken, the Inspector may send the recommendation with any comments to the Premier and responsible Minister (s 21(3)). The responsible Minister may also request the Inspector to inspect particular matters (s 28(1)-(2)).
The Act therefore sets up an investigative, reporting and follow‑up cycle in which the Inspector has both the power to gather material and an obligation to observe procedural fairness and to protect certain classes of information.
Penalties and enforcement
The Act establishes criminal offences and civil protections tied to the Inspector’s functions, and prescribes penalties expressed in penalty units and in one case imprisonment. Enforcement is a mix of criminal sanctions for interference and confidentiality breaches, and administrative remedies such as parliamentary scrutiny and ministerial response.
Offences and penalties
Failure to comply with an Inspector’s requirement under s 8(c): a person must comply unless doing so would require disclosure of privileged information or self‑incrimination (s 9). The penalty for non‑compliance is a fine up to 100 penalty units and, for continuing offences, up to 10 penalty units per day (s 9).
Unauthorised disclosure by Inspector or officers: an Inspector or former officer must not record or disclose information acquired in official capacity or disclosed under the Act, with prescribed exceptions (s 24(1)-(4A)). The penalty for contravening s 24(1) is a fine not exceeding 20 penalty units (s 24(1)). A separate offence prohibiting use of information for one’s own or another’s benefit carries a penalty of up to 50 penalty units (s 24(6)).
Obstruction, non‑compliance and false statements: s 25 criminalises wilfully obstructing, hindering, resisting or threatening the Inspector or officers, wilful refusal to comply with a lawful requirement, and wilfully making false statements to mislead the Inspector. The penalty is a fine not exceeding 50 penalty units (s 25).
Protection from reprisal (s 25A, inserted 2025): it is an offence to prejudice or threaten to prejudice the safety or career of, intimidate or harass, or do any detrimental act against, or incite another to act against, someone because they have provided or may provide information to the Inspector. Penalty: a fine not exceeding 240 penalty units or imprisonment for up to 2 years, or both (s 25A).
Other regulatory offences: the regulations may create further offences with fines up to 20 penalty units and continuing penalties up to 2 penalty units per day (s 35(3)).
Administrative and procedural enforcement
Compelled production: the Inspector may, by notice, require persons to produce documents or things relevant to inspections (s 31). Section 32(1) confirms the Crown cannot claim the usual privileges that would prevent records being produced for the purpose of an inspection, and s 32(2) removes the excuse of refusing on the ground that production would disclose legal advice furnished to a department. That is an administrative mechanism backed by the criminal penalties for non‑compliance in s 9 and s 25 as relevant.
Parliamentary scrutiny and escalation: the primary non‑criminal enforcement mechanism is public exposure and ministerial and parliamentary scrutiny. The Inspector is to deliver inspection reports to the responsible Minister (s 15(3)), may have the report laid before Parliament after 14 days (s 15(5)), and may table occasional inspection reports (s 19(2)). The Inspector also may send recommendations and related comments to the Premier and responsible Minister where no appropriate steps have been taken (s 21(3)).
Referral to other agencies: the Inspector can refer matters to the Ombudsman or other relevant investigatory bodies (s 29), and can provide information to the Ombudsman for possible investigation (s 30). Where disclosures are made to Integrity Commission, coroner or Auditor‑General, those agencies’ powers apply (s 24(4)).
Protections for Inspector and witnesses
Immunity for good‑faith acts: anything done or omitted in good faith by the Inspector or officers does not subject them to action, liability, claim or demand, and they do not incur personal liability for such acts; any civil liability is instead a liability of the Crown (s 33).
Protection for persons providing information: persons who provide information to the Inspector in good faith are protected from civil or criminal liability arising from that provision and cannot be held to have breached professional etiquette, ethics or other Acts for giving that information (s 34(2)). That protection applies whether the information is true or false, provided it is given in good faith.
Evidentiary rules and court interactions
Non‑compellability of Inspector officers: s 24(5) provides that Inspector officers cannot be compelled to disclose in court information acquired in their official capacity and disclosed under the Act.
Records and legal privilege tensions: s 32(2) expressly precludes a person from being excused from producing a record because production would disclose legal advice furnished to a government department or other authority to which the Act applies. This creates a statutory override of legal professional privilege in the inspection context.
Practical enforcement and risk considerations
Penalty units and severity: penalties are expressed in penalty units and, in the reprisal offence, include imprisonment. Practitioners must consult current penalty unit values when assessing financial exposure.
Criminal vs administrative remedies: the Act mixes criminal penalties for obstructive conduct and confidentiality breaches with administrative remedies (reporting, tabling, referrals) intended to produce systemic compliance and remedial action. The Inspector’s ability to publish reports, combined with the obligation on Secretaries to respond to recommendations (s 21(2)), leverages public accountability alongside criminal sanctions.
The enforcement regime therefore combines investigatory compulsion, criminal sanctions for interference and misuse of information, statutory protections for informants and officers, and mechanisms to escalate unresolved recommendations within the executive and to Parliament.
How it interacts with other laws
The Act contains multiple cross‑references and direct interactions with other Tasmanian and Commonwealth statutes and oversight bodies. These interactions create both synergies and specific overrides.
Cross‑referenced Tasmanian Acts and consequential amendments
Corrections Act 1997 and Youth Justice Act 1997: the definitions of correctional officer, prison and detention centre are taken from the Corrections Act 1997 and Youth Justice Act 1997 respectively (s 4 definitions). The Act therefore operates within the statutory architecture governing custodial facilities in Tasmania.
Ombudsman Act 1978 and Integrity Commission Act 2009: the Act references the Ombudsman Act in relation to the definition of public authority (s 4) and provides referral and information‑sharing mechanisms with the Ombudsman (ss 29-30). Section 24(4) allows disclosure to the Integrity Commission where relevant.
Personal Information Protection Act 2004: s 27 creates an exemption from the personal information protections for persons who are personal information custodians, insofar as collecting, using, disclosing or otherwise dealing with information for the purposes of this Act. That is an express statutory carve‑out allowing the Inspector and agencies to handle personal information in ways that might otherwise be constrained.
Right to Information Act 2009 and other Acts listed in Schedule 2: Schedule 2 lists several Acts to be read for consequential amendments (Sch 2). Practitioners should check those instruments for specific cross‑references that may affect access to records or obligations; Schedule 2 names, among others, the Right to Information Act 2009 (Sch 2).
Commonwealth interaction and national security
National Security Information (Criminal and Civil Proceedings) Act 2004: s 22(2)(c) expressly includes prejudice to national security, within the meaning of the Commonwealth Act, as a public interest consideration against disclosure of information. This cross‑reference imports a Commonwealth concept into the Tasmanian disclosure balancing exercise, which may require intergovernmental consultation in practice when national security issues arise.
Privilege and evidentiary overrides
Legal advice and privilege: s 32(2) specifies that a person is not excused from giving information or producing a record when required under the Act on the ground that doing so would disclose legal advice furnished to a government department or other authority to which the Act applies. This is a statutory limitation on claims of legal professional privilege in the inspection context. It interacts with usual privilege doctrines and may require departments to produce otherwise privileged legal advice for inspection.
Crown privileges: s 32(1) provides the Crown is not entitled to prevent or obstruct production or evidence for inspections even though it would be so entitled if the inspection were a legal proceeding. That statutory rule narrows Crown privilege when the Inspector is exercising functions under the Act.
Information sharing and oversight networks
Ombudsman and other investigatory bodies: the Act authorises the Inspector to refer matters to the Ombudsman and other bodies having investigatory powers under Tasmanian, other State, Territory or Commonwealth law (s 29(1)). The Inspector may also furnish information to the Ombudsman where it relates to conduct that could be the subject of an Ombudsman complaint (s 30). These provisions operationalise a networked oversight model and provide pathways for parallel investigation.
Integrity Commission, coroner, Auditor‑General: s 24(4) permits disclosure of information to these bodies where the information is relevant to their statutory functions. That creates a direct information flow from the Inspector’s office to other accountability institutions.
Interjurisdictional cooperation: s 24(3) permits the Inspector to give information to persons performing similar functions in other Commonwealth jurisdictions in respect of matters arising under other jurisdictions’ law.
Regulatory authorisations
Delegation and appointment of inspectors: s 10 allows delegation to officers and to persons or classes of persons prescribed by regulation. The 2025 amendment added s 10(aa), permitting the Inspector to appoint any person for the purposes of carrying out an inspection. This raises questions about how the Act’s confidentiality and non‑compellability protections (s 24, s 24(5)) apply where non‑state persons are appointed to inspect.
Regulations and compatibility with other regimes: s 35 permits regulations to authorise matters to be determined by the Inspector or other specified persons, and to create offences. Regulations may therefore address operational interface points with other statutory regimes.
Administrative arrangements and departmental responsibilities
Administration assignment: until the Administrative Arrangements Act is used to reassign administration, the Act’s administration is assigned to the Minister for Corrections and the Department of Justice (s 36). This places operational responsibility for supporting the Inspector initially with that department and minister.
In short, the Act operates within a network of Tasmanian and Commonwealth laws. It expressly overrides or limits certain privilege and Crown immunities in the inspection context, provides a statutory exemption from privacy laws for Act‑related activities, and creates formal channels for cooperation with other oversight agencies. Practitioners should review the referenced Acts (listed in Schedule 2 and cross‑referenced in definitions and disclosure provisions) to identify specific, localised interaction effects.
Amendment history
The statute text provided includes embedded amendment notes. The source shows a number of amendments across years; these changes are integrated into the Act text and are applied as of the stated dates. The following lists the amendments visible in the text and the provisions they affect.
Amendments noted in the text and their applied dates
Section 4 (Interpretation):
Amended by No. 2 of 2021, Schedule 2, applied 13 Dec 2021, to alter the definition of “prisoner” to include people who are dangerous criminals within the meaning of the Dangerous Criminals and High Risk Offenders Act 2021 (s 4, note).
Amended by No. 27 of 2025, s 4, applied 23 Dec 2025, to add or alter the definition of “officer of the Inspector” to include persons appointed or employed under s 11 and persons to whom a function or power is delegated under s 10(aa) or (b) (s 4, as amended).
Schedule 1 (Inspector):
Amended by No. 54 of 2016, s 14, applied 31 Mar 2017: changes reflected in Sch 1, including definitional adjustments and the status of the Inspector as an employee for Public Sector Superannuation Reform Act 2016 purposes (Sch 1 cl 1 note; cl 5(5) and related notes).
Section 10 (Delegation):
Amended by No. 27 of 2025, s 5, applied 23 Dec 2025: s 10(aa) inserted, permitting delegation to any person appointed by the Inspector for the purposes of carrying out an inspection (s 10(aa)).
Section 15 (Inspection report):
Subsections (3), (5) and (6) amended by No. 27 of 2025, s 6, applied 23 Dec 2025: these amendments affect the timing and practicalities of delivering reports to the responsible Minister and laying before Parliament (s 15(3), (5)-(6) as amended).
Section 17 (Inspector's access to prisoners and detainees):
Subsection (1) and subsection (2) amended by No. 27 of 2025, s 7, applied 23 Dec 2025: s 17(1) clarifies entitlement to access at all reasonable times; s 17(2)(a)-(b) require custodial centre personnel to allow interviews out of hearing and protect correspondence (s 17 as amended).
Section 24 (Disclosure of information):
Subsection (4A) inserted by No. 27 of 2025, s 8, applied 23 Dec 2025: clarifies that s 24(1) does not prevent disclosure of information to a public authority or the responsible Minister (s 24(4A)).
Section 25A (Protection from reprisal):
Inserted by No. 27 of 2025, s 9, applied 23 Dec 2025: creates an offence protecting persons who supply information to the Inspector or officers from reprisals, with significant penalties (s 25A).
Section 34 (Protection for provision of information):
Substituted by No. 27 of 2025, s 10, applied 23 Dec 2025: modernises and clarifies protections for persons providing information to the Inspector in good faith (s 34 as substituted).
Schedule 2 (Consequential Amendments):
The Schedule lists a number of Acts and instruments (Commissioner for Children and Young People Act 2016; Commissions of Inquiry Act 1995; Corrections Act 1997; Integrity Commission Act 2009; Ombudsman Act 1978; Right to Information Act 2009; Youth Justice Act 1997; Public Interest Disclosures Regulations 2013) indicating that consequential changes were made or contemplated (Sch 2).
Commencement
Section 2 states the Act “commences on a day to be proclaimed.” No proclaimed commencement date is visible in the text provided. Practitioners should verify the actual commencement proclamation to determine when specific provisions took legal effect.
Practical implications of amendments
The 2025 package of amendments materially changed delegation (s 10), reporting mechanics (s 15), access and privacy protections (s 17, s 24(4A)), whistleblower/anti‑reprisal protection (s 25A), and protections for persons providing information (s 34). These amendments expand the Inspector’s operational flexibility (via delegation) and bolster protections for people who give information to the Inspector, while clarifying permitted disclosures to authorities.
The 2016 and 2017 changes reflected in Schedule 1 and Sch 1 cl 5 affect employment status, remuneration and superannuation treatment for the Inspector.
This compilation is based solely on amendment notes visible in the provided text. For complete legislative history, including enactment instruments and commencement proclamations, consult the consolidated statute and parliamentary records.
Litigation history
The text of the Act as provided does not include any judicial decisions, reported litigation or case law interpreting the provisions. The statute itself names no cases.
What the Act provides that could give rise to litigation or judicial review (without asserting that any such litigation exists)
Appointment, suspension and removal: Sch 1 sets out procedures for suspension by the Governor and removal on addresses from both Houses. Disputes about the validity or sufficiency of those processes could generate judicial review or constitutional litigation in the abstract, though none is referenced in the text.
Production of records and privilege: s 32(2) requires production notwithstanding that doing so would disclose legal advice furnished to a government department or other authority. In practice, that statutory limitation creates a legal tension with traditional claims of legal professional privilege and could be the subject of litigation about scope and application in particular circumstances.
Non‑publication and public interest balancing: s 22 requires balancing public interest considerations against disclosure. Disputes about whether information should be disclosed to Parliament or publicly may lead to judicial or administrative review where the Inspector withholds material on public interest grounds.
Criminal offences and procedural fairness: prosecutions under s 9, s 24, s 25 or s 25A may involve judicial determinations on the interpretation and application of the Act’s protections, definitions (e.g. what constitutes “reasonable” manner in s 8(c)), and defences such as privilege or self‑incrimination.
Because no cases are named in the statute text, practitioners must search case law databases and the Tasmanian law reports to determine whether litigation has occurred under this Act or under the provisions it amends. The Act itself provides numerous avenues for oversight escalation (referrals to Ombudsman, Integrity Commission, Auditor‑General), and any of those agencies’ investigations or enforcement actions could also generate litigation.
In sum, there is no litigation record in the instrument as provided. The statutory design, however, contains multiple provisions that are plausible focal points for future litigation: privilege and production obligations (s 32), confidentiality and compelled testimony (s 24, s 24(5)), and reprisal and obstruction offences (ss 25, 25A).
Gotchas
The Act contains a number of provisions and interactions that can catch practitioners, departments and contractors unprepared. These are concrete, text‑based “gotchas” drawn from the statute.
Privilege limits for departments but not individuals
Individuals required to comply with an Inspector’s requirement under s 8(c) have a statutory escape if compliance would require disclosure of privileged information or would incriminate them personally (s 9). However, s 32(2) expressly removes the excuse of refusing to produce records on the ground that production would disclose legal advice furnished to a government department or other authority to which the Act applies. That means departments may have to produce legal advice for inspection even where legal professional privilege might otherwise be asserted in litigation. Practitioners advising departments must not assume standard privilege protections apply without checking s 32.
Crown immunity narrowed in inspection context
Section 32(1) provides the Crown is not entitled to prevent or obstruct records being produced or evidence being given for an inspection, even if that would be the case in a court proceeding. This statutory narrowing of Crown privilege changes the usual litigation landscape when the Inspector is investigating.
Timings for parliamentary laying and ministerial response
An inspection report must be delivered to the responsible Minister as soon as practicable after completion (s 15(3)). The Inspector must not lay the report before a House until at least 14 days after delivery (s 15(5)(a)), but must then lay it as soon as practicable (s 15(5)(b)). This 14‑day window is a short period in which the Minister and department can prepare a response (s 15(4)). Departments must be ready to act quickly on recommendations and to supply explanations because the Inspector may then lay the report to Parliament.
Confidentiality obligations on Inspector officers , but with exceptions
Officers and former officers must not disclose information acquired under the Act (s 24(1)). However, s 24(2)-(4A) lists multiple exceptions, including disclosures reasonably required for the Inspector’s functions, disclosures to other jurisdictions, and disclosures to Integrity Commission, coroner, Auditor‑General, public authorities or responsible Ministers. Those exceptions mean that confidential material may circulate through oversight networks more widely than officers or informants expect.
Broader delegation after 2025 amendments
The insertion of s 10(aa) (2025) allows the Inspector to appoint any person for the purposes of carrying out an inspection. That expands the pool of persons who may be entrusted with inspection functions and may raise questions about training, immunity, confidentiality obligations and the applicability of s 24 non‑disclosure and s 24(5) non‑compellability protections to non‑state appointees. Ensure delegation instruments and regulations specify the status and obligations of appointed persons.
Protection for good‑faith informants is broad but fact‑sensitive
Section 34 provides that persons providing information in good faith do not incur civil or criminal liability even if the information is false. Good faith is a factual matter; persons relying on s 34 must be able to justify their honest belief to invoke the protection.
Reprisal offence with harsh penalties
Section 25A makes reprisals against informants an offence carrying substantial penalties (up to 240 penalty units and/or up to 2 years’ imprisonment). That significantly elevates the criminal risk for individuals or managers who take adverse steps against a staff member for cooperating with the Inspector. Organisations must have clear internal policies and training to avoid conduct that could contravene s 25A.
Personal information exemption , not a licence for careless disclosure
Section 27 exempts personal information custodians from contravening the Personal Information Protection Act 2004 when dealing with information for the purposes of this Act. That creates a legal basis for collecting and disclosing personal information in the context of inspections, but it does not displace other constraints in the Act (notably the public interest considerations in s 22 and the confidentiality duties under s 24). Departments should not treat s 27 as a carte blanche to publish personal data.
Correspondence protections for prisoners and detainees
Section 17(2)(b) prohibits copying, removal or reading of correspondence from a prisoner or detainee to the Inspector or vice versa without the prisoner’s approval. Operationally, custodial centres and inspectors must coordinate handling of such correspondence to respect prisoner consent.
Administrative assignment sits with Corrections initially
Until the Administrative Arrangements Act is used to reassign administration, the Act is administered by the Minister for Corrections and the Department of Justice (s 36). Departments other than Justice should not assume administrative responsibilities until a formal order is made.
Regulations can create additional offences and delegate authorities
Section 35 allows regulations to create offences and fine structures up to 20 penalty units. Practitioners should consult any regulations made under the Act for further compliance obligations or offences.
These “gotchas” arise directly from the statutory text and the amendments indicated in the provided source. For operational compliance, organisations should identify which of these points apply to their role (custodial manager, service provider, departmental adviser) and document processes accordingly.
How to comply
The Act imposes concrete obligations on custodial centres, their staff, departments, service providers and others who interact with the Inspector. The steps below map those obligations into practical compliance actions, indicating relevant sections.
Prepare for inspection access and cooperation
Ensure custodial centres and contractors understand the Inspector’s statutory right to visit and examine premises, equipment and vehicles (s 8(a), (d)), and to access prisoners and detainees at all reasonable times (s 17(1)). Create an inspection protocol that designates the person in charge as the immediate liaison, and trains staff on permitting out‑of‑hearing interviews with prisoners and detainees (s 17(2)(a)-(b)).
Maintain ready access to records and documents and log their locations to expedite production when the Inspector issues a notice under s 31.
Implement document‑production procedures consistent with s 31 and s 32
Establish an internal process for responding to notices to produce documents or things (s 31), including a designated custodian who will receive, collate and deliver material.
Regulators and departments must note s 32(2): do not assume legal advice to a department is automatically exempt from production. Create a legal check process that assesses when production is required under the Act and document legal opinions assessing production risks.
Train staff on statutory obligations and offences
Provide training so staff understand the prohibitions on obstructing, misleading, or refusing lawful requirements (s 25) and the significant penalties for reprisals against informants (s 25A). Managers should be instructed to avoid any act that could be construed as intimidation, prejudice or detriment to an informant’s safety or career.
Manage confidentiality and information flows
Officers of the Inspector are subject to non‑disclosure duties (s 24), but many exceptions exist. Departments and Inspector staff should have clear records‑management rules on what information may be disclosed to which agencies, consistent with s 24(2)-(4A). When the Inspector shares information with the Integrity Commission, coroner, Auditor‑General, Ombudsman or responsible Minister, log the disclosure and the statutory basis.
Where personal information is handled, note s 27’s exemption from the Personal Information Protection Act 2004 for Act purposes; nevertheless, apply privacy‑sensitive handling consistent with s 22 public interest considerations.
Record‑keeping and identity processes
The Secretary issues identity cards to the Inspector and the Inspector must issue identity cards to officers (s 16). Maintain a process to inspect, log and verify ID cards. The Secretary must make reasonable measures to retrieve or properly dispose of identity cards when a person ceases to hold the office (s 16(5)); departments should cooperate with that process.
Respond promptly to recommendations and prepare ministerial responses
When the Inspector requests that a responsible Secretary notify steps that have been or are proposed to implement a recommendation within a specified time, respond in writing within that period (s 21(2)). If no steps are proposed, explain reasons. Be prepared that if inadequate steps are taken, the Inspector may escalate recommendations to the Premier and responsible Minister (s 21(3)).
Anticipate that inspection reports will be delivered to the responsible Minister and could be laid before Parliament after a 14‑day window (s 15(3), (5)). Prepare for rapid briefings and containment planning during that period.
Adopt safe channels for staff who wish to provide information
Encourage staff to provide information in good faith and inform them of s 34 protections for good‑faith disclosures. Create protected channels so staff feel safe to speak with the Inspector and include HR and legal support mechanisms.
Review contractual clauses with service providers
Ensure contracts with third‑party service providers working in custodial centres contain clauses requiring cooperation with the Inspector, immediate preservation and disclosure of records, and arrangements for the production of documents (s 8(e); s 31). Also address confidentiality obligations in light of s 24’s prohibitions and exceptions.
Audit legal privilege holdings and prepare privilege logs
Because s 32(2) narrows privilege in the inspection context, maintain an auditable privilege log and prepare arguments identifying any material that may not be subject to compulsory production (if any). Legal counsel should be involved early to advise on choices between production and seeking negotiated redactions or public interest claims under s 22.
Manage delegation and inspection team composition
Given s 10(aa) permits the Inspector to appoint persons for inspections, departments and custodial managers should expect inspection teams to include non‑state appointees. Clarify the scope of authority of such appointees with the Inspector, and ensure appointment letters or delegations specify confidentiality obligations and statutory protections.
Prepare for evidence and court interactions
Note that Inspector officers cannot be compelled to disclose information acquired in their official capacity in court (s 24(5)). Nonetheless, when legal proceedings overlap with inspection matters, coordinate with legal counsel on document preservation and disclosure strategies.
Maintain governance and escalation workflows
Establish a senior officer (e.g. responsible Secretary’s delegate) to manage interactions with the Inspector, receipt of reports, approval of responses, and coordination with the responsible Minister (ss 15, 21). Track timelines: the Inspector may request steps within a specified time (s 21(2)) and annual reports must be tabled within four months after 30 June (s 26(1)).
Keep abreast of regulations and consequential amendments
Regulations under s 35 can create additional offences, obligations or authorisations. Consult the regulations and the Act’s consequential amendments set out in Schedule 2 to ensure full compliance.
Document public interest balancing decisions
Where the Inspector or department elects to withhold information from a report or the public on the basis of s 22 public interest grounds (risk to supervision, security, national security, identification of informants, endangering life or safety, etc.), document the balancing exercise and legal basis carefully.
By converting statutory obligations into operational policies, training and legal workflows, custodial centres and the supporting departments can reduce the legal and reputational risk associated with inspections and ensure timely, compliant responses to the Inspector’s investigations. These steps are grounded in the Act’s powers and duties (ss 8, 9, 15, 17, 21, 24, 31, 32) and shaped by the administrative assignment noted in s 36 and the staffing arrangements under s 11.
[Section 4 Amended by No. 2 of 2021, Sched. 2, Applied:13 Dec 2021]prisoner means a person who is subject to an order of a court by which he or she is sentenced to a term of imprisonment and includes a person who is a dangerous criminal within the meaning of the Dangerous Criminals and High Risk Offenders Act 2021 ;
public authority has the same meaning as in the Ombudsman Act 1978 ;
responsible Minister means –
(a) the Minister responsible for the custodial centre; or
(b) in the case of services provided in a custodial centre, or action taken by a public authority, the Minister to whom the Department responsible for the provision of those services is responsible, or having administration of that authority or the enactment under which the action was taken;
responsible Secretary means –
(a) the Secretary responsible for the custodial centre; or
(b) in the case of services provided in a custodial centre, the Secretary of the Department responsible for the provision of those services;
Secretary means the Secretary of the Department;
State Service corrections employee means a person, other than a correctional officer, or probation officer, within the meaning of the Corrections Act 1997 , who is appointed or employed pursuant to section 5(2) of that Act.
Part 2 Custodial Inspector
Part 2 Custodial Inspector
5 Custodial Inspector
5 Custodial Inspector
(1) The Governor may appoint a person as Custodial Inspector.
(2) Schedule 1 has effect with respect to the Inspector and his or her appointment.
6 Functions
6 Functions
(1) The Inspector has the following functions:
(a) to carry out a mandatory inspection of each custodial centre at least once every 3 years;
(b) to carry out an occasional inspection and review of any custodial centre at any time, of his or her own accord or as requested by the responsible Minister;
(c) to prepare and publish guidelines and standards in relation to the conduct of inspections;
(d) to report to the responsible Minister or Parliament on the various inspections carried out by the Inspector;
(e) to report to the responsible Minister or Parliament on any particular issue or general matter relating to the functions of the Inspector if, in his or her opinion, it is in the interest of any person or in the public interest to do so;
(f) to report to Parliament on any particular issue or general matter relating to the functions of the Inspector if requested to do so by either House of Parliament or a Committee of either House of Parliament;
(g) to provide an annual report to Parliament;
(h) to include in any report such advice or recommendations as the Inspector thinks appropriate including, but not limited to –
(i) advice or recommendations relating to the safety, custody, care, wellbeing and rehabilitation of prisoners and detainees; and
(ii) information relating to education and programs to assist in the rehabilitation of prisoners and detainees;
(i) such other functions as may be conferred or imposed on the Inspector under this or any other Act.
(2) The Inspector may from time to time amend the guidelines and standards prepared and published under subsection (1) .
7 Independence of Inspector
7 Independence of Inspector
In performing his or her functions, the Inspector must act independently, impartially and in the public interest.
8 Powers
8 Powers
The Inspector has the following powers:
(a) to visit and examine any custodial centre, and any vehicle, equipment, container or other thing in a custodial centre, at any time the Inspector thinks fit;
(b) to obtain full access to all documents, including health records, that –
(i) are in the possession of a Department, public authority or any other body or person prescribed by the regulations; and
(ii) relate to any custodial centre or persons in custody or detained, or residing, at a custodial centre –
and to make copies of, or take extracts from, those documents or records and to remove and retain those copies or extracts;
(c) to require, in any reasonable manner that the Inspector considers appropriate, a person whose work is concerned with the operation of a custodial centre to provide any information that is relevant to the performance or exercise of the Inspector's functions or powers under this Act;
(d) to enter and examine any equipment or container outside a custodial centre which is used in connection with the custodial centre, and any vehicle used to transport prisoners or detainees, at any time the Inspector thinks fit and with any assistance or equipment that the Inspector thinks is reasonably necessary;
(e) to require any member of the staff of the custodial centre or other person who provides services to prisoners or detainees to –
(i) supply information or produce documents or other things relating to any matter, or class of matters, concerning the custodial centre's operations; and
(ii) attend before the Inspector to answer questions or produce documents or other things relating to a custodial centre's operations;
(f) to refer matters relating to a custodial centre to an appropriate agency for consideration or action;
(g) to obtain access to, and communicate with, persons in custody or detained or residing at a custodial centre;
(h) to do all things necessary or convenient to be done in connection with the performance and exercise of his or her functions and powers under this Act.
9 Offence not to comply with Inspector's requirement
9 Offence not to comply with Inspector's requirement
A person must comply with a requirement of the Inspector under section 8(c) unless to do so would require the person to provide information, answer questions, or produce documents –
(a) in respect of which there is a lawful claim or right of privilege; or
(b) that may incriminate the person in an offence.
Penalty: Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
10 Delegation
10 Delegation
The Inspector may delegate any of his or her functions or powers under this Act, other than this power of delegation, to –
(a) any officer or employee made available to enable the Inspector to perform and exercise his or her functions and powers; and
(aa) [Section 10 Amended by No. 27 of 2025, s. 5, Applied:23 Dec 2025] any person appointed by the Inspector for the purposes of the carrying out of an inspection; and
(b) a person, or class of persons, prescribed by the regulations for the purposes of this section.
11 Appointment of staff
11 Appointment of staff
(1) Subject to and in accordance with the State Service Act 2000 , a person may be appointed or employed for the purposes of enabling the Inspector to perform and exercise his or her functions and powers under this Act.
(2) The Inspector may make arrangements with the Secretary for State Service officers and State Service employees employed in the Department to be made available to enable the Inspector to perform and exercise his or her functions and powers under this Act.
(3) A State Service officer or State Service employee made available under subsection (2) may serve the Inspector in any capacity in conjunction with State Service employment.
12 Notification of ceasing to be staff of Inspector &c.
12 Notification of ceasing to be staff of Inspector &c.
If a person ceases to be a member of the staff of the Inspector, or ceases to be a person to whom a delegation is given under section 10 , the Inspector is to notify the Secretary of that cessation within 30 days of it occurring.
Part 3 Inspections
Part 3 Inspections
13 Mandatory inspections
13 Mandatory inspections
At least once every 3 years the Inspector is to inspect each custodial centre.
14 Occasional inspections and reviews
14 Occasional inspections and reviews
In addition to any inspection carried out under section 13 , the Inspector may, at any time and on any number of occasions, inspect and review any custodial centre or any aspect of a custodial centre.
15 Inspection report
15 Inspection report
(1) The Inspector is to prepare an inspection report on his or her findings in relation to each mandatory inspection.
(2) An inspection report may contain such advice or recommendations as the Inspector considers necessary or appropriate in relation to the findings.
(3) [Section 15 Subsection (3) amended by No. 27 of 2025, s. 6, Applied:23 Dec 2025] As soon as is practicable after the completion of an inspection report, the Inspector is to deliver a copy of it to the responsible Minister.
(4) The responsible Minister may prepare a response to the inspection report and provide it to the Inspector.
(5) [Section 15 Subsection (5) amended by No. 27 of 2025, s. 6, Applied:23 Dec 2025] The Inspector is to lay an inspection report delivered under subsection (3) before each House of Parliament –
(a) [Section 15 Subsection (5) amended by No. 27 of 2025, s. 6, Applied:23 Dec 2025] not before 14 days after the report is delivered; and
(b) [Section 15 Subsection (5) amended by No. 27 of 2025, s. 6, Applied:23 Dec 2025] as soon as practicable after the expiration of that 14-day period.
(6) [Section 15 Subsection (6) amended by No. 27 of 2025, s. 6, Applied:23 Dec 2025] If, in relation to a report required by subsection (5) to be laid before a House of Parliament –
(a) [Section 15 Subsection (6) amended by No. 27 of 2025, s. 6, Applied:23 Dec 2025] a House is not sitting on the day when the 14-day period expires; and
(b) the document has not been laid before that House –
the Inspector is to transmit a copy of the report to the Clerk of that House.
(7) A copy of a report transmitted to the Clerk of a House is taken to have been laid before that House.
16 Inspector, &c., to provide identification
16 Inspector, &c., to provide identification
(1) The Secretary is to issue to the Inspector an identity card.
(2) The Inspector is to issue to each officer of the Inspector an identity card.
(3) An identity card is to be in a form approved by the Secretary but it must contain at least the name and a recent photograph of the person to whom it is issued.
(4) The Inspector, and an officer of the Inspector, when performing his or her functions under this Act, must allow a prisoner, detainee, correctional officer, State Service corrections employee or member of staff of a custodial centre to inspect his or her identity card.
(5) When a person ceases for any reason to hold the office of Inspector or to be an officer of the Inspector, the Secretary is to take reasonable measures to retrieve the person's identity card or ensure that it has been properly disposed of.
17 Inspector's access to prisoners and detainees
17 Inspector's access to prisoners and detainees
(1) [Section 17 Subsection (1) amended by No. 27 of 2025, s. 7, Applied:23 Dec 2025] The Inspector or an officer of the Inspector is entitled to access to a prisoner or detainee at all reasonable times.
(2) The person in charge of a custodial centre, each member of the staff of the custodial centre and any person providing services in a custodial centre –
(a) [Section 17 Subsection (2) amended by No. 27 of 2025, s. 7, Applied:23 Dec 2025] must allow the Inspector or an officer of the Inspector to conduct an interview with a prisoner or detainee, out of the hearing of any other person; and
(b) must not, without the approval of the prisoner or detainee, copy, remove or read any correspondence –
(i) [Section 17 Subsection (2) amended by No. 27 of 2025, s. 7, Applied:23 Dec 2025] from the prisoner or detainee to the Inspector or an officer of the Inspector; or
(ii) [Section 17 Subsection (2) amended by No. 27 of 2025, s. 7, Applied:23 Dec 2025] from the Inspector or an officer of the Inspector to the prisoner or detainee.
18 Inspector, &c., may use recording equipment
18 Inspector, &c., may use recording equipment
The Inspector and any officer of the Inspector may take such photographs, films or audio or visual recordings as he or she considers neces
This is an opening excerpt, not the complete document.