20Opportunity 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.