Custodial Inspector Act 2017 (ACT)

This Act establishes an independent custodial inspector for the Australian Capital Territory, sets out the inspector’s appointment, staff and delegation arrangements, gives the inspector powers to examine correctional centres and correctional services, creates statutory reporting processes and consultation obligations, and provides for cooperation, referral and information sharing with other oversight and investigative bodies. The Act defines the scope of places and services that fall within the inspector’s remit (see s 7 and s 8), prescribes the frequency and triggers for reviews and inspections (see s 18), and sets out the inspector’s statutory powers to enter and inspect premises, access records, require production of documents and attendance at interviews, and to take and keep documents and things for the purposes of inquiries (see ss 19, 22, 23 and 24). It also addresses confidentiality and evidentiary treatment of compelled information (see s 25), creates offences for obstructing the inspector and for retaliatory conduct against people who disclose information (see ss 21, 26), and criminalises reckless use or divulgence of protected information by people connected to the inspector’s work (see s 37).

Mechanically, the Act imposes duties on the Executive and relevant director-generals: the Executive must appoint the inspector by open selection for a term not exceeding five years (s 9); relevant director-generals must ensure the inspector is given access to all parts of a correctional centre and can speak to detainees (s 21(1)); and Ministers and director-generals are entitled to a statutory draft-comment period before reports are finalised (s 29). The inspector must produce reports after statutory reviews and must consider public interest grounds when deciding what to publish or withhold (ss 27, 28). The Act also authorises the Executive to make regulations (s 38).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Custodial Inspector Act 2017 A2017-47 Republication No 6 Effective: 9 December 2024 Republication date: 9 December 2024 Last amendment made by A2024-41 (republication for expiry of provision (s 39))

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Custodial Inspector Act 2017 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 December 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 9 December 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Custodial Inspector Act 2017 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 6 Object of Act 3 7 What is a correctional centre? 3 8 What is a correctional service? 4 Part 2 Custodial inspector Division 2.1 Appointment of inspector 9 Appointment of custodial inspector 5 10 Disclosure of interests 5 11 Inspector must not do inconsistent work etc 6

Contents Page contents 2 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Ending appointment 6 Division 2.2 Office of the inspector 13 Inspector’s staff 7 14 Contractors 7 15 Other arrangements for staff and facilities 7 16 Delegation 7 Part 3 Inspector’s functions and powers 17 Functions—generally 9 18 Functions—examination and review 9 19 Inspector may enter correctional centre etc 10 20 Inspection guidelines 11 21 Access to correctional centres etc 12 22 Power to ask for information, documents and other things 12 23 Requiring attendance etc 14 24 Inspector may keep document or other thing etc 16 25 Privileges against self-incrimination and exposure to civil penalty 16 26 Offence—taking detrimental action 17 Part 4 Reports by inspector 27 Report about examination and review 20 28 Public interest considerations 20 29 Draft report to relevant Minister and director-general 21 30 Presentation of report to Legislative Assembly 22 Part 5 Cooperation and referral between inspector and other entities 31 Cooperation with other entities 24 32 Inspector may refer matter to investigative entity 25 33 Cooperation with inspector 25 34 Oversight entities may refer matter to inspector 27 35 Information sharing 27 Part 6 Miscellaneous 36 Protection of inspector from liability 28

Contents Page R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Offence—use or divulge protected information 28 38 Regulation-making power 30 Dictionary 31 Endnotes 1 About the endnotes 34 2 Abbreviation key 34 3 Legislation history 35 4 Amendment history 36 5 Earlier republications 38

R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Custodial Inspector Act 2017 An Act to provide for a custodial inspector, and for other purposes

Part 1 Preliminary Section 1 page 2 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Custodial Inspector Act 2017. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘young detainee—see the Children and Young People Act 2008, section 95.’ means that the term ‘young detainee’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Preliminary Part 1 Section 6 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Object of Act (1) The main object of this Act is to promote the continuous improvement of correctional centres and correctional services. (2) This is to be achieved particularly by providing a framework for— (a) the systematic review and scrutiny of the correctional centres and services; and (b) independent and transparent reporting. 7 What is a correctional centre? (1) In this Act: correctional centre means— (a) a place declared to be a correctional centre under the Corrections Management Act 2007, section 24; or (b) a place where a detainee is held in custody under a declaration under the Corrections Management Act 2007, section 34; or (c) a place, including a vehicle, where a detainee is held in custody while being escorted by an escort officer under the Corrections Management Act 2007; or (d) any other place where a detainee is held in custody under the Corrections Management Act 2007; or (e) a place declared to be a detention place under the Children and Young People Act 2008, section 142; or (f) a place, including a vehicle, where a detainee is held in custody while being escorted by an escort officer under the Children and Young People Act 2008. Examples—par (d) 1 a place where a detainee is directed to work or participate in an activity 2 a police or court cell 3 a health facility

Part 1 Preliminary Section 8 page 4 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In this section: escort officer means— (a) for the Corrections Management Act 2007—a corrections officer; or (b) for the Children and Young People Act 2008—a corrections officer or a youth detention officer. youth detention officer—see the Children and Young People Act 2008, section 96. 8 What is a correctional service? In this Act: correctional service— (a) means— (i) the management, control and security of a correctional centre; or (ii) the security, control, safety, care and welfare of a detainee at a correctional centre; and (b) includes policies, processes and procedures in relation to the matters mentioned in paragraph (a).

Custodial inspector Part 2 Appointment of inspector Division 2.1 Section 9 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Custodial inspector Division 2.1 Appointment of inspector 9 Appointment of custodial inspector (1) The Executive must appoint a person as the custodial inspector. Note For laws about appointments, see the Legislation Act, pt 19.3. (2) The appointment must be made in accordance with an open and accountable selection process. (3) However, the Executive must not appoint a person as the inspector unless satisfied that the person has the experience or expertise necessary to exercise the inspector’s functions. (4) A person must not be appointed for a term of longer than 5 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (5) The inspector’s conditions of appointment are the conditions agreed between the Executive and the inspector that are stated in the instrument of appointment, subject to any determination under the Remuneration Tribunal Act 1995. (6) The appointment of the inspector is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 10 Disclosure of interests The inspector must give the Executive a written statement of the inspector’s personal and financial interests within 7 days after— (a) the day the inspector is appointed; and (b) the first day of each financial year; and (c) the day there is a change in the interest.

Part 2 Custodial inspector Division 2.1 Appointment of inspector Section 11 page 6 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Inspector must not do inconsistent work etc The inspector must not— (a) have paid employment that is inconsistent with the inspector’s functions; or (b) engage in any unpaid activity that is inconsistent with the inspector’s functions. 12 Ending appointment (1) The Executive may end a person’s appointment as the inspector— (a) for misconduct; or (b) if the person becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dict, pt 1. (c) if the person is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or (d) if the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year. (2) The Executive must end the inspector’s appointment for physical or mental incapacity, if the incapacity substantially affects the exercise of the inspector’s functions. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Custodial inspector Part 2 Office of the inspector Division 2.2 Section 13 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.2 Office of the inspector 13 Inspector’s staff (1) The inspector may employ staff on behalf of the Territory. (2) The inspector’s staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, div 8.2 applies to the inspector in relation to the employment of staff (see Public Sector Management Act 1994, s 152). 14 Contractors (1) The inspector may, on behalf of the Territory, engage a person under a contract to assist in the exercise of any function of the inspector. (2) Consultants may be engaged on terms decided by the inspector. (3) However, this section does not give the inspector a power to enter into a contract of employment with a contractor. 15 Other arrangements for staff and facilities The inspector may arrange with the head of service to use the services of a public servant or Territory facilities. Note The head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18). 16 Delegation The inspector may delegate the inspector’s functions under this Act or any other territory law to— (a) a member of staff mentioned in section 13 (Inspector’s staff); or

Part 2 Custodial inspector Division 2.2 Office of the inspector Section 16 page 8 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a person engaged by the inspector under section 14 (Contractors). Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Inspector’s functions and powers Part 3 Section 17 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Inspector’s functions and powers 17 Functions—generally The inspector has the following functions: (a) to examine and review correctional centres; (b) to examine and review correctional services; (c) to review critical incidents at correctional centres or in the provision of correctional services; (d) to report under part 4 (Reports by inspector); (e) to exercise any other function given to the inspector under this Act or another territory law. 18 Functions—examination and review (1) Subject to this Act, the inspector— (a) must examine and review each correctional centre declared under the Corrections Management Act 2007, section 24 and each detention place declared under the Children and Young People Act 2008, section 142— (i) within 2 years after the day the centre or place was declared; and (ii) at least once every subsequent 3 years; and (b) may, but not more than once every 2 years, examine and review correctional services on the inspector’s own initiative; and (c) may review a critical incident on the inspector’s own initiative or as requested by a relevant Minister or relevant director-general.

Part 3 Inspector’s functions and powers Section 19 page 10 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In exercising a function under subsection (1), the inspector must, if appropriate and practicable, consult with people, or use staff, suitable to the cultural background or vulnerability of any detainee involved in a matter being examined or reviewed. Examples 1 if a review relates to Aboriginal or Torres Strait Islander detainees, it may be appropriate to consult with Aboriginal and Torres Strait Islander representatives 2 if a critical incident involves a person from a culturally or linguistically diverse background, it may be appropriate to use a staff member who has the same background 3 if a review relates to a person with disability, it may be appropriate to consult with an organisation representing the interests of people with disability 4 if a critical incident involves an interview with a female detainee, it may be appropriate, given the nature of the critical incident, for the detainee to be interviewed by a female 19 Inspector may enter correctional centre etc (1) The inspector may, at any time, enter a correctional centre at the inspector’s own initiative. (2) The inspector may inspect the following: (a) any document, including a health record, relating to— (i) a detainee at the correctional centre; or (ii) the provision of a correctional service; (b) any other record required to be kept by the correctional centre; (c) any part of the correctional centre; (d) any vehicle or equipment used at a correctional centre or in the provision of correctional services. (3) The inspector may speak to, or privately interview— (a) a person other than a detainee at the correctional centre; and

Inspector’s functions and powers Part 3 Section 20 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a person involved in the provision of correctional services; and (c) with the detainee’s consent—a detainee. Examples—par (b) 1 a health worker providing a health service to a detainee 2 a contractor providing an educational service to a detainee (4) If the inspector wants to speak to or interview a detainee, the inspector must— (a) ask the detainee if the detainee wants a support person to be present during the talk or interview; and (b) ensure the detainee is able to contact a support person as soon as practicable. (5) The inspector may take any equipment reasonably required to effectively conduct an inspection of a correctional centre. Examples—equipment reasonably required 1 a recording device 2 a camera (6) In this section: health record—see the Health Records (Privacy and Access) Act 1997, dictionary. privately interview means speaking with a person without the presence of any other person and without surveillance by electronic or other means. 20 Inspection guidelines (1) The Minister may make guidelines about a matter the inspector must review, examine or report on in relation to a correctional centre or service. (2) A guideline is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act.

Part 3 Inspector’s functions and powers Section 21 page 12 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 21 Access to correctional centres etc (1) If requested by the inspector, the relevant director-general must ensure that the inspector— (a) is given access to— (i) all parts of a correctional centre; and (ii) any vehicle or equipment used in a correctional centre or in the provision of a correctional service; and (b) is able to talk to each detainee in the correctional centre at any time. (2) A person must not, without reasonable excuse, obstruct or hinder the inspector in the exercise of the inspector’s functions. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 22 Power to ask for information, documents and other things (1) This section applies if the inspector believes, on reasonable grounds, that a person can provide information or produce a document or something else relevant to an examination or review under section 18. (2) The inspector may, by written notice given to the person, require the person to provide the information or produce the document or other thing. (3) The notice must state how, and the time within which, the person must comply with the requirement. (4) A person commits an offence if— (a) the person is required by a notice under this section to provide information to the inspector; and

Inspector’s functions and powers Part 3 Section 22 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the person fails to provide the information to the inspector as required. Maximum penalty: 50 penalty units. Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Note 2 Giving false information is an offence against the Criminal Code, s 338. (5) Subsection (4) does not apply— (a) to a detainee; or (b) if the person has a reasonable excuse for failing to provide the information to the inspector as required. (6) A person commits an offence if— (a) the person is required by a notice under this section to produce to the inspector a document or other thing; and (b) the person fails to produce the document or other thing to the inspector as required. Maximum penalty: 50 penalty units. (7) Subsection (6) does not apply— (a) to a detainee; or (b) if the person has a reasonable excuse for failing to produce the document or other thing to the inspector as required. Note The defendant has an evidential burden in relation to the matters mentioned in ss (5) and (7) (see Criminal Code, s 58).

Part 3 Inspector’s functions and powers Section 23 page 14 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Requiring attendance etc (1) If the inspector believes, on reasonable grounds, that someone can provide information relevant to an examination or review under section 18, the inspector may, by written notice given to the person, require the person to attend before a named person (an interviewer), at a reasonable time and place stated in the notice, to answer questions relevant to the examination or review. Note For how documents may be served, see the Legislation Act, pt 19.5. (2) A person who attends before an interviewer under a notice under subsection (1) must continue to attend as reasonably required by the interviewer to answer questions relevant to the examination or review. (3) A person commits an offence if— (a) the person is required by a notice under subsection (1) to attend before an interviewer to answer questions in relation to an examination or review; and (b) the person does not attend before the interviewer as required. Maximum penalty: 50 penalty units. (4) Subsection (3) does not apply— (a) to a detainee; or (b) if the person has a reasonable excuse for not attending before the interviewer as required. (5) A person commits an offence if— (a) the person is required by a notice under subsection (1) to attend before an interviewer to answer questions in relation to an examination or review; and (b) the person attends before the interviewer as required; and

Inspector’s functions and powers Part 3 Section 23 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the person fails to continue to attend as reasonably required by the interviewer to answer questions relevant to the examination or review. Maximum penalty: 50 penalty units. (6) Subsection (5) does not apply— (a) to a detainee; or (b) if the person has a reasonable excuse for failing to continue to attend as required by the interviewer. (7) A person commits an offence if— (a) the person is required by a notice under subsection (1) to attend before an interviewer to answer questions in relation to an examination or review; and (b) the person attends before the interviewer as required; and (c) the interviewer requires the person to answer a question; and (d) the person fails to answer the question. Maximum penalty: 50 penalty units. Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Note 2 Giving false information is an offence against the Criminal Code, s 338. (8) Subsection (7) does not apply— (a) to a detainee; or (b) if the person has a reasonable excuse for failing to answer the question. Note The defendant has an evidential burden in relation to the matters mentioned in ss (4), (6) and (8) (see Criminal Code, s 58).

Part 3 Inspector’s functions and powers Section 24 page 16 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24 Inspector may keep document or other thing etc (1) If a document or something else is produced in accordance with a requirement under section 22, the inspector— (a) may take possession of, make copies of, or take extracts from, the document or may take possession of the other thing; and (b) may keep the document or other thing for the period that is necessary for the consideration to which the document or thing relates; and (c) during that period, must allow anyone who would be entitled to inspect the document or other thing, if it were not in the possession of the inspector, to inspect it and, for a document, make copies of, or take extracts from, it. (2) The inspector must return a document or something else produced in accordance with a requirement under section 22, if the inspector is no longer entitled to keep the document or thing under this section. 25 Privileges against self-incrimination and exposure to civil penalty (1) This section applies if a person is required by a notice under section 22 to provide information or produce a document or other thing. (2) This section also applies if— (a) a person is attending before an interviewer in accordance with a requirement under section 23; and (b) the interviewer requires the person to answer a question.

Inspector’s functions and powers Part 3 Section 26 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to provide the information, produce the document or other thing or answer the question. Note The Legislation Act, s 171 deals with client legal privilege. (4) However, any information, document or other thing obtained, directly or indirectly, because of providing the information, the producing of the document or other thing, or the answering of the question is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for— (a) an offence under section 22 or section 23; or (b) any other offence in relation to the falsity of the information, document, other thing or answer. 26 Offence—taking detrimental action (1) A person (the retaliator) commits an offence if— (a) another person gives, or proposes to give, information, documents or evidence (a disclosure) to the inspector for this Act; and (b) the retaliator takes detrimental action against another person because of a disclosure. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) For this section, a retaliator takes detrimental action because of a disclosure if the retaliator takes, or threatens to take, detrimental action against someone else because— (a) a person has made, or intends to make, a disclosure; or (b) the retaliator believes that a person has made or intends to make a disclosure.

Part 3 Inspector’s functions and powers Section 26 page 18 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In determining whether a retaliator has taken detrimental action because of a disclosure, it is sufficient if a reason mentioned in subsection (2) is a contributing reason. (4) In this section: detrimental action includes the following: (a) discriminating against a person by treating, or proposing to treat, the person unfavourably, including in relation to— (i) the person’s reputation; or (ii) the person’s career, profession, employment or trade; or (iii) the person’s access to a correctional centre or a detainee; or (iv) if the person is a detainee— (A) the detainee’s living conditions; or (B) the detainee’s privileges; or (C) the surveillance or searches the detainee is subject to; or (D) where the detainee is held in a correctional centre; (b) treating, or proposing to treat, a relevant organisation unfavourably, including in relation to— (i) the funding the organisation receives; or (ii) the organisation’s access to a correctional centre or detainee; or (iii) the conditions on the organisation’s service delivery in relation to a correctional centre or detainee; (c) harassing or intimidating a person; (d) injuring a person;

Inspector’s functions and powers Part 3 Section 26 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) damaging a person’s property; (f) treating, or proposing to treat, a person unfavourably in any other way. living conditions of a detainee, means, as relevant to the detainee, living conditions mentioned in— (a) the Corrections Management Act 2007, chapter 6 (Living conditions at correctional centres); or (b) the Children and Young People Act 2008, part 6.5 (Living conditions at detention places). privilege of a detainee, means, as relevant to the detainee, a privilege mentioned in— (a) the Corrections Management Act 2007, section 154; or (b) the Children and Young People Act 2008, section 289. relevant organisation means a body that has as 1 of its activities— (a) promoting the interests of detainees; or (b) delivering services to detainees.

Part 4 Reports by inspector Section 27 page 20 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Reports by inspector 27 Report about examination and review (1) The inspector must prepare a report after conducting the following: (a) an examination and review of a correctional centre under section 18 (1) (a); (b) an examination and review of correctional services under section 18 (1) (b); (c) a review of a critical incident under section 18 (1) (c). (2) Any recommendations included in a report must further the objects of this Act. Note The main object of this Act is to promote the continuous improvement of correctional centres and correctional services (see s 6). 28 Public interest considerations (1) In preparing a report under section 27, the inspector must consider whether any part of the report must be kept confidential because— (a) there are public interest considerations against disclosure; and (b) those considerations outweigh the public interest in favour of disclosure. (2) There is a public interest against disclosure if disclosure of the information could reasonably have any of the following effects: (a) undermining security or good order at a correctional centre; (b) assisting anyone in escaping or attempting to escape from detention; (c) undermining national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth));

Reports by inspector Part 4 Section 29 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) identifying or allowing the identification of any person detained, working or otherwise at a correctional centre; (e) undermining the procedures or systems in place to safeguard the life, health and safety of a corrections officer or any other person at a correctional centre; (f) revealing or tending to reveal the identity of a person disclosing information to the inspector or undermining the future supply of information to the inspector. (3) The following matters must not be taken into account in deciding whether there is a public interest against disclosure: (a) causing embarrassment to, or a loss of confidence in, the Executive, a Minister or a director-general; (b) the possibility that the information may be misunderstood or misinterpreted by a person. 29 Draft report to relevant Minister and director-general (1) Before presenting a report prepared under section 27 to the Legislative Assembly, the inspector must give the relevant Minister and relevant director-general a reasonable opportunity to comment on a draft report. (2) For subsection (1), a reasonable opportunity to comment is a period that is either— (a) 6 weeks; or (b) another period as agreed between the inspector, relevant Minister and relevant director-general. (3) The relevant Minister and relevant director-general may provide comments in relation to the draft report to the inspector within the period mentioned in subsection (2).

Part 4 Reports by inspector Section 30 page 22 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The inspector— (a) must consider any comments made under subsection (3); and (b) may include the comments provided by the relevant Minister and relevant director-general as an attachment to the report; and (c) may, if the inspector is satisfied that amendment is an appropriate response to the comments, amend the draft report. 30 Presentation of report to Legislative Assembly (1) The inspector must give the Speaker a report prepared under section 27— (a) for an examination and review of a correctional centre conducted under section 18 (1) (a) or of correctional services conducted under section 18 (1) (b)—within 6 months of completing the examination and review; and (b) for a review of a critical incident conducted under section 18 (1) (c)—at a time the inspector considers appropriate having regard to the circumstances of the critical incident. (2) The relevant Minister may extend the period mentioned in subsection (1) (a) by an additional period of not more than 12 months. (3) If the Legislative Assembly is sitting when the inspector gives a report to the Speaker, the Speaker must present the report to the Legislative Assembly within 5 sitting days after receiving the report. (4) If the Legislative Assembly is not sitting when the inspector gives the report to the Speaker— (a) the report is taken to have been presented to the Legislative Assembly on the day the inspector gives it to the Speaker (the report day); and (b) the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the report day; and

Reports by inspector Part 4 Section 30 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the Speaker must present the report to the Legislative Assembly— (i) on the next sitting day; or (ii) if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election. (5) In this section: Speaker includes— (a) if the Speaker is unavailable—the Deputy Speaker; and (b) if both the Speaker and Deputy Speaker are unavailable— the clerk of the Legislative Assembly. unavailable—the Speaker or Deputy Speaker is unavailable if— (a) they are absent from duty; or (b) there is a vacancy in the office of Speaker or Deputy Speaker.

Part 5 Cooperation and referral between inspector and other entities Section 31 page 24 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Cooperation and referral between inspector and other entities 31 Cooperation with other entities (1) The inspector must ensure that the inspector’s functions are exercised in a way that does not delay or unnecessarily duplicate the exercise of functions by the following entities: (a) a person exercising a function under— (i) the Auditor-General Act 1996; or (ii) the Human Rights Act 2004; or (iii) the Human Rights Commission Act 2005; or (iv) the Integrity Commission Act 2018; or (v) the Ombudsman Act 1989; (b) an official visitor under the Official Visitor Act 2012; (c) an adjudicator conducting a review of a segregation or disciplinary decision under the Corrections Management Act 2007; (d) a person conducting a review of a segregation or disciplinary decision under the Children and Young People Act 2008; (e) a police officer investigating a fraud or other criminal matter; (f) a coroner exercising a function under the Coroners Act 1997. (2) The inspector may enter into an arrangement with an entity mentioned in subsection (1) to assist in— (a) avoiding delay and unnecessary duplication of statutory functions; or (b) efficiently managing the interaction of the statutory functions of the parties to the arrangement.

Cooperation and referral between inspector and other entities Part 5 Section 32 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 32 Inspector may refer matter to investigative entity (1) This section applies if the inspector reasonably believes that a matter can be more appropriately dealt with by an investigative entity other than the inspector. (2) The inspector may decide not to review or examine the matter and to refer the matter together with any relevant documents or information in the inspector’s possession or control, to an investigative entity. (3) The inspector may enter into arrangements with an investigative entity about the referral of matters under this section. (4) Nothing in this section requires the investigative entity to deal with the referred matter. (5) In this section: investigative entity means an entity with power to require the production of documents or the answering of questions including, for example, the chief police officer, the human rights commission, the ombudsman and the integrity commissioner. matter includes part of a matter. 33 Cooperation with inspector (1) This section applies if an oversight entity deals with a matter that involves a detainee, a correctional centre or a correctional service in the exercise of a function under— (a) the Auditor-General Act 1996, section 10 (1) (a) and (d) (Functions) (which are about public administration and performance audits); or (b) the Human Rights Commission Act 2005, section 48 (Consideration without complaint or appropriate complainant); or (c) the Integrity Commission Act 2018, section 23 (1) (a) or (b) (Functions of commission); or

Part 5 Cooperation and referral between inspector and other entities Section 33 page 26 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the Ombudsman Act 1989, section 5 (1) (b) (Functions— investigating complaints under Act) (which is about own motion investigations). (2) The oversight entity must— (a) consult with the inspector about the matter; and (b) ensure that the entity’s functions are exercised in a way that does not delay or unnecessarily duplicate the exercise of functions by the inspector. (3) The oversight entity may enter into an arrangement with the inspector to assist in— (a) avoiding delay and unnecessary duplication of statutory functions; or (b) efficiently managing the interaction of the statutory functions of the parties to the arrangement. (4) In this section: matter includes a part of a matter. oversight entity means any of the following: (a) the auditor-general; (b) the human rights commission; (c) the integrity commission; (d) an official visitor; (e) the ombudsman.

Cooperation and referral between inspector and other entities Part 5 Section 34 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 34 Oversight entities may refer matter to inspector (1) This section applies if an oversight entity reasonably believes that a matter can be more appropriately dealt with by the inspector. (2) The oversight entity may decide not to deal with the matter and to refer the matter together with any relevant documents or information in the entity’s possession or control, to the inspector. (3) The oversight entity may enter into arrangements with the inspector about the referral of matters under this section. (4) Nothing in this section requires the inspector to deal with the referred matter. (5) In this section: matter— (a) means a complaint or other matter; and (b) includes a part of a complaint or other matter. oversight entity—see section 33 (4). 35 Information sharing (1) An information sharing entity may disclose to the inspector relevant information held by the entity to the extent that it is reasonably necessary for this part. (2) The inspector may disclose to an information sharing entity relevant information held by the inspector to the extent that it is reasonably necessary for this part. (3) The inspector and an information sharing entity may enter into an information sharing protocol for this section. (4) In this section: information sharing entity means an entity mentioned in section 31 (1).

Part 6 Miscellaneous Section 36 page 28 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Miscellaneous 36 Protection of inspector from liability (1) The inspector is not civilly liable for conduct engaged in honestly and without recklessness— (a) in the exercise of a function under this Act or another territory law; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act or another territory law. (2) Any liability that would, apart from this section, attach to the inspector attaches instead to the Territory. (3) In this section: conduct means an act or an omission to do an act. 37 Offence—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and

Miscellaneous Part 6 Section 37 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply if the information is used or divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding. (4) Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 58). (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the Territory. (6) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish.

Part 6 Miscellaneous Section 38 page 30 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au person to whom this section applies means— (a) a person who is, or has been, an inspector; or (b) anyone else who exercises, or has exercised, a function under this Act; or (c) a person who is, or has been, otherwise involved in the administration of this Act; or (d) a person who has been given information under this Act by a person mentioned in paragraph (a), (b) or (c). produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of— (a) the exercise of a function under this Act by the person or someone else; or (b) the involvement of the person, or someone else, in the administration of this Act. use information includes make a record of the information. 38 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • bankrupt or personally insolvent • body • chief police officer • coroner • corrections officer • director-general (see s 163) • document • entity • Executive • function • human rights commissioner • integrity commission • integrity commissioner • Legislative Assembly • Minister (see s 162) • official visitor • ombudsman • person (see s 160) • police officer • public servant • sitting day • Speaker • territory law • the Territory • tribunal. correctional centre—see section 7. correctional service—see section 8.

Dictionary page 32 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au critical incident means any event in a correctional centre or in the provision of correctional services that involves any of the following: (a) the death of a person; (b) a person’s life being endangered; (c) an escape from custody; (d) a person being taken hostage; (e) a riot that results in significant disruption to a centre or service; (f) a fire that results in significant property damage; (g) an assault or use of force that results in a person being admitted to a hospital; (h) any other incident identified as a critical incident by a relevant Minister or relevant director-general. detainee— (a) for the Corrections Management Act 2007—see that Act, dictionary; or (b) for the Children and Young People Act 2008—means a young detainee as defined in that Act, section 95. inspector means the custodial inspector appointed under section 9. relevant director-general means, for a matter that relates to— (a) a correctional centre under the Corrections Management Act 2007 or a correctional service provided in relation to a correctional centre—the director-general responsible for administering that Act; or (b) a detention place under the Children and Young People Act 2008 or a correctional service provided in relation to a detention place—the director-general responsible for administering that Act.

Dictionary R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au relevant Minister means, for a matter that relates to— (a) a correctional centre under the Corrections Management Act 2007 or a correctional service provided in relation to a correctional centre—the Minister responsible for administering that Act; or (b) a detention place under the Children and Young People Act 2008 or a correctional service provided in relation to a detention place—the Minister responsible for administering that Act.

Endnotes 1 About the endnotes page 34 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history The Custodial Inspector Act 2017 was originally the Inspector of Correctional Services Act 2017. It was renamed by the Monitoring of Places of Detention Legislation Amendment Act 2024 A2024-41 (see s 6). Custodial Inspector Act 2017 A2017-47 notified LR 7 December 2017 s 1, s 2 commenced 7 December 2017 (LA s 75 (1)) s 40, sch 1 commenced 7 December 2019 (s 2 (3)) remainder commenced 8 December 2017 (s 2 (1)) as amended by Integrity Commission Act 2018 A2018-52 sch 1 pt 1.14 (as am by A2019-18 s 4) notified LR 11 December 2018 s 1, s 2 commenced 11 December 2018 (LA s 75 (1)) sch 1 pt 1.14 commenced 1 December 2019 (s 2 (2) (a) as am by A2019-18 s 4) Integrity Commission Amendment Act 2019 A2019-18 s 4 notified LR 14 June 2019 s 1, s 2 commenced 14 June 2019 (LA s 75 (1)) s 3, s 4 commenced 15 June 2019 (s 2 (1)) Note This Act only amends the Integrity Commission Act 2018 A2018-52. Crimes Legislation Amendment Act 2021 (No 2) A2021-18 pt 5 notified LR 11 August 2021 s 1, s 2 commenced 11 August 2021 (LA s 75 (1)) pt 5 commenced 12 August 2021 (s 2 (1)) Monitoring of Places of Detention Legislation Amendment Act 2024 A2024-41 pt 2 notified LR 17 September 2024 s 1, s 2 commenced 17 September 2024 (LA s 75 (1)) pt 2 commenced 18 September 2024 (s 2 (1))

Endnotes 4 Amendment history page 36 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title sub A2024-41 s 5 Name of Act s 1 sub A2024-41 s 6 Commencement s 2 om LA s 89 (4) What is a correctional centre? s 7 am A2017-47 amdts 1.17-1.19 Custodial inspector pt 2 hdg sub A2024-41 s 7 Appointment of custodial inspector s 9 hdg sub A2024-41 s 8 s 9 am A2024-41 s 9 Delegation s 16 am A2024-41 s 10 Functions—generally s 17 am A2024-41 s 11 Functions—examination and review s 18 am A2017-47 amdt 1.20; A2021-18 s 14; A2024-41 s 12, s 13 Offence—taking detrimental action s 26 am A2024-41 s 14 Report about examination and review s 27 sub A2024-41 s 15 Draft report to relevant Minister and director-general s 29 am A2024-41 s 16; ss renum R5 LA Presentation of report to Legislative Assembly s 30 sub A2024-41 s 17 Cooperation with other entities s 31 am A2018-52 amdt 1.85; A2017-47 amdt 1.21; pars renum R3 LA Inspector may refer matter to investigative entity s 32 am A2018-52 amdt 1.86 Cooperation with inspector s 33 am A2018-52 amdt 1.87, amdt 1.88; pars renum R2 LA Review of Act s 39 exp 8 December 2024 (s 39 (3))

Endnotes Amendment history 4 R6 09/12/24 Custodial Inspector Act 2017 Effective: 09/12/24 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Amendments pt 7 hdg om LA s 89 (3) Legislation amended—sch 1 s 40 om LA s 89 (3) Legislation amended—sch 2 s 41 om LA s 89 (3) Amendments—extended application of Act sch 1 om LA s 89 (3) Consequential amendments sch 2 om LA s 89 (3) Dictionary dict am A2018-52 amdt 1.89; A2024-41 s 18, s 19 def critical incident ins A2024-41 s 20 def detainee sub A2017-47 amdt 1.22 def inspector am A2024-41 s 21

Endnotes 5 Earlier republications page 38 Custodial Inspector Act 2017 Effective: 09/12/24 R6 09/12/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 8 Dec 2017 8 Dec 2017– 30 Nov 2019 not amended new Act R2 1 Dec 2019 1 Dec 2019– 6 Dec 2019 A2019-18 amendments by A2018-52 as am by A2019-18 R3 7 Dec 2019 7 Dec 2019– 11 Aug 2021 A2019-18 commenced provisions and amendments by A2017-47 R4 12 Aug 2021 12 Aug 2021– 17 Sept 2024 A2021-18 amendments by A2021-18 R5 18 Sept 2024 18 Sept 2024– 8 Dec 2024 A2024-41 renaming and other amendments by A2024-41 © Australian Capital Territory 2024

The Act rests on a few recurring legal and operational concepts that define the inspector’s role, the scope of oversight and the limits on information use.

Correctional centre and correctional service: The Act defines correctional centres expansively, to include declared centres under the Corrections Management Act 2007, places where detainees are held under declarations, vehicles used for escort, police and court cells, health facilities and any other place where a detainee is held in custody under the Corrections Management Act (s 7(1) and examples). Correctional service is defined as management, control and security of a centre, and the security, control, safety, care and welfare of detainees, including policies, processes and procedures (s 8). These definitions fix the universe of premises and activities the inspector may review.
Independent inspection and reporting: The inspection function is expressed as an independent, statutory role with powers to examine centres and services and to report to the Legislative Assembly (ss 17-18, 27, 30). The inspector must prepare reports after each statutory examination or critical incident review (s 27), and the reporting sequence includes a statutory pre-release consultation with the relevant Minister and director-general (s 29). The inspector’s reports are to be presented to the Legislative Assembly by the Speaker within set timeframes (s 30), with a ministerial power to extend the report period by up to 12 months (s 30(2)).
Entry and information powers balanced with confidentiality protections: The inspector may enter correctional centres at any time (s 19(1)), inspect documents (including health records) and facilities, privately interview staff and, with the detainee’s consent, a detainee (s 19(2)-(3)). The inspector may require information and the production of documents from any person by written notice, and may summon people to attend interviews (ss 22-23), with statutory penalties for non-compliance (ss 22(4), 22(6), 23(3), 23(5), 23(7)). At the same time, s 25 displaces common law self-incrimination and civil-penalty privilege with a statutory immunity scheme: compelled information cannot be used against the person in civil or criminal proceedings except for prosecutions under ss 22 or 23 or for falsity offences.
Cooperation and referral architecture: The Act directs the inspector to avoid duplication or delay in relation to specified oversight and investigative entities (s 31(1)), allows referral of matters more appropriately dealt with by investigative entities (s 32), and enables oversight entities to consult and refer matters to the inspector (ss 33-34). Information sharing between the inspector and other entities is expressly permitted to the extent reasonably necessary and may be governed by protocols (s 35).
Confidentiality and protected information: The Act defines protected information as material obtained or disclosed to a person because of the exercise of functions under the Act or their involvement in its administration (s 37(6)). It creates criminal offences for reckless use or divulgence of such protected information by persons connected to the inspector or the Act’s administration, subject to limited exceptions, including disclosures under the Act or in court (ss 37(1)-(4)).
Statutory safeguards for the inspector’s office: Appointment must be by open selection; the inspector must disclose personal and financial interests (s 9, s 10); the inspector cannot hold paid or unpaid employment inconsistent with the role (s 11); staff are employed under the Public Sector Management Act (s 13); and the inspector has statutory protection from civil liability for honest conduct without recklessness, with residual liability attaching to the Territory (s 36).

These concepts create a framework in which inspection powers are broad, but there are procedural constraints on reporting, confidentiality protections for certain information and explicit obligations to coordinate with other oversight agencies. The Act also creates criminal liabilities both for obstruction or non-compliance with information and attendance notices, and for retaliatory or reckless divulgence of protected information.

Primary actors affected by the Act

The inspector and the inspector’s office: The Executive appoints the custodial inspector under ss 9-11. The inspector’s appointment, term (not more than five years), conditions of appointment and disclosure obligations are prescribed (s 9, s 10). The inspector may employ staff under the Public Sector Management Act (s 13), engage contractors (s 14), delegate functions to staff or contractors (s 16), and is indemnified from civil liability for honest, non-reckless conduct, with residual liability borne by the Territory (s 36).
Correctional centres and correctional services: Entities operating correctional centres or delivering correctional services within the ACT, as defined by s 7 and s 8, are subject to inspection and review on a statutory schedule. This includes bodies administering declared correctional centres under the Corrections Management Act 2007 and detention places under the Children and Young People Act 2008 (s 7, dictionary definitions). Correctional service providers must allow access to premises, equipment and detainees, and must produce documents and information when reasonably required (ss 19, 21, 22).
Departmental heads and the Executive: The Executive is obliged to make the appointment (s 9). Relevant director-generals must ensure the inspector is given access to all parts of a correctional centre and can talk to each detainee (s 21(1)). Ministers and director-generals receive statutory opportunities to comment on draft reports and have a process to request extensions (s 29-30). The Minister may make inspection guidelines (s 20).
Detainees: Detainees are within the Act’s protected population. The inspector may privately interview a detainee only with the detainee’s consent and must ask whether the detainee wants a support person and must ensure the detainee can contact a support person as soon as practicable (s 19(3)-(4)). Detainees are explicitly excluded from the offences that criminalise failure to provide information or attend (ss 22(5), 22(7), 23(4), 23(6), 23(8)), which preserves their right not to participate in compulsion-driven processes.
Staff, contractors and service providers: Staff and contractors who work in correctional centres, and third parties who may hold documents or information relevant to inspections, are subject to notices requiring production of documents and attendance at interviews (ss 22-23), and face penalties for non-compliance. They are also potentially exposed to the Act’s offences on use or divulgence of protected information if they are persons to whom s 37 applies.
Oversight and investigative entities: The Act directly affects bodies exercising oversight functions,Auditor-General, Human Rights Commission, Integrity Commission, Official Visitors, Ombudsman,and entities with investigative powers (police, coroner), by requiring the inspector to exercise functions in ways that avoid duplication and delay (s 31) and enabling arrangements and referrals (ss 32-35). These entities are required to consult with the inspector when dealing with matters that overlap (s 33).
Relevant organisations and advocates: Bodies whose activities include promoting the interests of detainees or delivering services to detainees fall within the Act’s protective provisions. Section 26 defines “relevant organisation” for the purposes of the retaliatory action offence; these organisations are protected from discriminatory or unfavourable treatment or access restrictions as a result of a disclosure to the inspector.

Secondary or consequentially affected actors

Courts, tribunals and legal practitioners: The Act changes evidentiary dynamics. Section 25 removes a person’s right to refuse to provide information on grounds of the privilege against self-incrimination or exposure to civil penalty, but creates non‑admissibility protections for derived information except in limited cases. Legal counsel advising witnesses called under notices must consider the statutory displacement of common law privilege and the use immunity. The Legislation Act remains relevant for client legal privilege (see s 25 note).
The Territory’s finances and administration: The Territory bears any civil liability that would otherwise attach to the inspector under s 36(2). The inspector’s staff are to be funded and employed through Territory mechanisms (s 13), the Executive establishes the appointment (s 9), and director-generals must resource access needs and respond to evidence and documents requests (s 21, ss 22-24). These create budgetary and administrative consequences.
Public and media: The inspector must balance transparency with public interest considerations (s 28). The Act sets out specific grounds that may justify confidential parts of reports, including avoiding undermining security, revealing methods which could facilitate escape, or identifying informants (s 28(2)). The public and media are therefore potential recipients of reports but may receive redacted material where these grounds apply.

In short, the Act imposes direct operational duties on the Executive, the inspector and the relevant director‑generals and places compliance obligations on correctional centre staff, contractors and third parties holding records. It protects detainees from compelled participation in certain respects, and creates both disclosure obligations and confidentiality-related offences that reach a wider set of persons connected to the inspector’s work.

Duties imposed on government actors, correctional service operators, persons served with notices, and the inspector are set out in the Act. Rights and procedural safeguards are also specified.

Duties of the Executive, Minister and relevant director‑generals

Appointment duty: The Executive must appoint the custodial inspector in accordance with an open and accountable selection process and must ensure the appointee has the required experience or expertise (s 9(1)-(3)). The appointment must be for no longer than five years (s 9(4)) and is a notifiable instrument (s 9(6)).
Access duty: If requested by the inspector, the relevant director‑general must ensure the inspector is given access to all parts of a correctional centre, any vehicle or equipment used in a correctional centre, and is able to talk to each detainee at any time (s 21(1)(a)-(b)). This places a positive obligation on administrative heads to facilitate inspections.
Reporting oversight: Ministers and relevant director‑generals must be provided with a draft report and a reasonable opportunity to comment, typically six weeks unless otherwise agreed (s 29(1)-(3)). Ministers can extend the report deadline by up to 12 months (s 30(2)).

Duties and powers of the inspector

Periodic review duty: The inspector must examine and review each correctional centre and detention place within two years after declaration and at least once every subsequent three years (s 18(1)(a)). The inspector may, but not more than once every two years, examine correctional services on the inspector’s own initiative (s 18(1)(b)).
Critical incident review power: The inspector may review critical incidents on the inspector’s own initiative or on request by a relevant Minister or director‑general (s 18(1)(c)); the dictionary defines critical incidents to include deaths, endangering life, escapes, hostage‑takings, riots with significant disruption, fires causing significant property damage, and assaults or use of force resulting in hospitalisation (dictionary).
Entry and inspection powers: The inspector may enter correctional centres at any time (s 19(1)), inspect documents including health records, parts of centres, vehicles and equipment, and privately interview non‑detainees and staff; detainees may be interviewed only with consent (s 19(2)-(3)).
Compellable powers: The inspector may, on reasonable grounds, require production of information, documents or other things by written notice (s 22), and may require attendance before an interviewer to answer questions (s 23). The inspector may take possession of, copy or keep documents or things produced for a necessary period, while allowing entitled persons to inspect and copy them (s 24).

Duties on persons served with notices

Compliance with notices: Persons required by written notice under s 22 or s 23 must comply within the time and manner stated, or otherwise face penalties (maximum penalties stated in ss 22(4), 22(6), 23(3), 23(5) and 23(7)). The Act excludes detainees from the offences of non‑compliance (s 22(5), 22(7), 23(4), 23(6), 23(8)).
Attendance and continued attendance: A person required to attend an interview must continue to attend as reasonably required by the interviewer to answer questions relevant to the examination or review (s 23(2)).

Rights and procedural protections

Detainee consent and support: The inspector must ask a detainee whether the detainee wants a support person present during an interview, and must ensure the detainee can contact a support person as soon as practicable (s 19(4)). This imposes a procedural safeguard for detainee interviews.
Privilege and use immunity: Section 25 displaces common law privileges, meaning a person cannot rely on those privileges to refuse to provide information or produce documents when required. However, information obtained because of compliance is not admissible in evidence against the person in civil or criminal proceedings other than prosecutions for offences under ss 22 or 23 or any other offence related to falsity of the information, documents or answers (s 25(3)-(4)). This creates a statutory use immunity but allows for prosecution for false statements.
Public interest confidentiality: The inspector must consider public interest considerations in deciding whether parts of a report must remain confidential and must not publish material where disclosure would, for example, undermine security or allow identification of persons detained or staff (s 28).
Protection against detrimental action: Section 26 creates an offence for retaliatory detrimental action taken because a person gives, or proposes to give, information to the inspector. The definition of detrimental action is broad and includes discrimination, denial of access to centres or detainees, or adverse treatment of detainees’ living conditions or privileges (s 26(1)-(4)). The offence protects both individuals and relevant organisations.

Protections and obligations on inspector and related persons

Civil liability protection: The inspector is not civilly liable for conduct engaged in honestly and without recklessness in the exercise of functions; liability otherwise attaching to the inspector attaches to the Territory (s 36(1)-(2)). This shifts residual risk to the Territory.
Confidentiality offence: Persons to whom s 37 applies (inspectors, others exercising functions under the Act, persons involved in administration, or persons given information by such individuals) commit offences for reckless use or divulgence of protected information, with exceptions for disclosures under the Act, in court, or with consent (s 37(1)-(4)).

Other procedural duties

Inspection guidelines: The Minister may make notifiable guidelines about matters the inspector must review or report on (s 20).
Cooperation obligations: The inspector must exercise functions so as not to delay or unnecessarily duplicate functions of specified oversight bodies and may enter into arrangements to avoid duplication or manage interactions efficiently (s 31).

Collectively, the Act imposes on correctional operators and public sector officials positive duties to facilitate inspections, on persons generally duties to comply with information and attendance notices subject to limited exceptions, on the inspector duties to consult, to observe confidentiality/public interest rules and to coordinate with other oversight entities, and on the Executive duties concerning appointment and conditions. Rights are created for detainees (consent, support person, no compulsion offences), and limited evidence or use immunities are afforded to persons compelled to provide material.

The Act creates a mix of criminal offences with monetary and custodial penalties, statutory enforcement powers for the inspector such as notices and possession of material, and procedural mechanisms to ensure compliance and protect information. The Criminal Code applies generally to offences under the Act (s 5 note).

Direct criminal offences and maximum penalties

Obstructing the inspector: A person must not, without reasonable excuse, obstruct or hinder the inspector in the exercise of functions. The maximum penalty is 50 penalty units, imprisonment for 6 months, or both (s 21(2)).
Failure to provide information or produce documents: If a person given a written notice under s 22 fails to provide information required, they commit an offence with a maximum penalty of 50 penalty units (s 22(4)). Failure to produce a document or thing when required is similarly punishable by up to 50 penalty units (s 22(6)). The offences do not apply to detainees or persons with a reasonable excuse (s 22(5), 22(7)).
Failure to attend or continue to attend interviews: Under s 23, failing to attend when required is an offence (maximum 50 penalty units) (s 23(3)), failing to continue to attend as reasonably required is an offence (maximum 50 penalty units) (s 23(5)), and failing to answer a question when required to answer is an offence (maximum 50 penalty units) (s 23(7)). Again, detainees are excluded and reasonable excuse is a defence (s 23(4), 23(6), 23(8)).
Retaliatory detrimental action: Section 26 makes taking detrimental action against a person because they have given or propose to give information to the inspector an offence, with a maximum penalty of 100 penalty units, imprisonment for 1 year, or both (s 26(1)). The definition of detrimental action is broad and includes discrimination, denial of access, harassment, injuring persons, damaging property, and treating detainees unfavourably in living conditions or privileges (s 26(4)).
Use or divulgence of protected information: Section 37 creates offences for reckless use or divulgence of protected information by persons to whom the section applies, with maximum penalties of 50 penalty units, imprisonment for 6 months, or both. These offences do not apply if the information is used or divulged under the Act, under another Territory law, in relation to exercising functions, in court, or with the person’s consent (s 37(1)-(4)).

Enforcement mechanisms and practical effect

Notices, attendance and production powers: The inspector enforces cooperative compliance through written notices requiring production or attendance (ss 22-23). These notices must state how and when the person must comply (s 22(3)), and must name an interviewer and a reasonable time and place for attendance (s 23(1)). Non-compliance is criminalised.
Possession and custody of documents: The inspector may take possession of, make copies of, or take extracts from documents produced under notice, and may keep those items for the period necessary for the inspector’s consideration, while allowing those entitled to inspect the documents to do so (s 24). Documents or other things must be returned when the inspector is no longer entitled to keep them (s 24(2)).
Evidence and privilege: Section 25 eliminates the availability of the common law privileges against self‑incrimination and exposure to civil penalty as grounds to refuse to comply with notices; but the statute creates a use immunity such that compelled material is not admissible in civil or criminal proceedings against the person, except in prosecutions for the offence of non‑compliance with the notices or for falsity of the information. This creates an enforcement environment where compelled cooperation is backed by criminal penalties but with limited protections against downstream use of the compelled material.
Protections for whistleblowers and relevant organisations: Section 26 criminalises retaliatory conduct and provides statutory recourse; the wide definition of detrimental action reaches employment and reputation harms and access restrictions relevant to service providers and advocacy organisations. This is an enforcement tool aimed at protecting sources of information to the inspector.
Indemnity and civil protection for inspector: Section 36 protects the inspector from civil liability for honest, non‑reckless conduct in the exercise of functions, with residual liability shifting to the Territory. This legal protection is an enforcement and risk-allocation mechanism to support inspectors in exercising powers without fear of personal civil suits.

Practical enforcement risks and operational implications

Penalty units: At the republication date a penalty unit equals $160 for an individual and $810 for a corporation (see front matter notes). Therefore, a 50 penalty unit fine equates to $8,000 per individual, and a 100 penalty unit fine equals $16,000 for an individual; corporate equivalents are substantially higher. Imprisonment terms are short but real, up to six months for some offences and one year for the retaliatory action offence.
Compulsion vs deterrence: The Act balances compulsion (notices, attendance, penalties) with procedural safeguards (detainee exclusions, use immunity). However, the threat of prosecution for non‑compliance or for false statements remains a significant enforcement lever. The inspector can refer matters to investigative entities where appropriate (s 32), which may trigger criminal investigations outside the Act’s framework.
Confidentiality enforcement: Section 37 places criminal liability on those who recklessly use or divulge protected information, giving the inspector and the Territory statutory means to control circulation of sensitive material. Exceptions for disclosures under the Act, in courts, or with consent will be relevant in practice and may require protocols to manage legal obligations (s 37(3)-(5)).
Interaction with other enforcement bodies: The Act anticipates coordination with other investigative entities such as police, coroners, the Integrity Commission and the Ombudsman (s 31). Referral to such bodies (s 32) is discretionary and does not obligate those bodies to act (s 32(4)), which affects enforcement expectations and timelines.

Overall, the enforcement design relies on statutory compulsion backed by criminal penalties for non‑compliance and obstruction, statutory protections to limit liability for inspectors, and criminal sanctions to protect sources and confidential information. The Act also provides for referral and coordination with other enforcement agencies, which may be invoked where matters fall outside the inspector’s remit or require criminal investigation.

The Act is framed to operate alongside existing Territory and Commonwealth laws; it incorporates cross‑references, defers certain definitions to other Acts, preserves existing privilege regimes to an extent, and mandates coordination with other oversight and investigative bodies.

Cross-referenced Acts and definitions

Corrections Management Act 2007 and Children and Young People Act 2008: The Act imports the definition of correctional centres by reference to Corrections Management Act 2007, s 24 and related provisions, and detention places under the Children and Young People Act 2008, s 142 (s 7(1)). Detainee definitions are similarly cross-referenced to the two Acts (dictionary). This means the inspector’s jurisdiction aligns with the existing statutory architecture for correctional custody in the ACT.
Public Sector Management Act 1994: Staff employed by the inspector must be employed under the Public Sector Management Act 1994 (s 13). The head of service’s delegation powers and facilities use are referenced (s 15 note). This imposes public sector employment rules and processes upon the inspector’s office.
Criminal Code: The Criminal Code chapter 2 applies to offences against this Act (s 5 note); general criminal principles, burdens and defences are therefore governed by the Criminal Code. The Act’s notes make explicit the interaction with the Criminal Code for false information offences and evidential burdens (e.g. in ss 22-23 notes referencing Criminal Code s 338 and s 58).
Health Records (Privacy and Access) Act 1997: The inspector may inspect health records as part of an inspection (s 19(2)(a)(i)), and the Act notes the definition of health record by reference to the Health Records Act. This raises an operational intersection with privacy law and health privacy obligations.
Legislation Act 2001: The Act continually references the Legislation Act for matters such as the legal status of notes (s 4), appointment processes (s 9 note), notifiable instruments (s 9(6), s 20), the effect of editorial amendments (front matter), and client legal privilege (s 25 note refers to the Legislation Act s 171). Practitioners must therefore read the Act alongside the Legislation Act for administrative and procedural context.
National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth): Section 28(2)(c) references this Commonwealth Act in enumerating public interest considerations against disclosure (undermining national security). That means some confidentiality decisions may have cross-jurisdictional implications.

Coordination and division of functions with oversight entities

The Act requires the inspector to exercise functions so as not to delay or unreasonably duplicate functions exercised by other oversight entities operating under separate statutes: Auditor-General Act 1996, Human Rights Act 2004, Human Rights Commission Act 2005, Integrity Commission Act 2018, Ombudsman Act 1989, and Official Visitor Act 2012 (s 31(1)). The statute therefore embeds a duty to respect parallel statutory functions and provides for arrangements to manage duplication or delay (s 31(2)).
Arrangements and referrals: The inspector may refer matters to investigative entities that have compulsory powers, such as police, human rights commission, ombudsman, integrity commissioner (s 32). Conversely, oversight entities may refer matters to the inspector (s 34). These referral powers are discretionary and do not bind the receiving entity to act (ss 32(4), 34(4)), which preserves institutional autonomy.
Information sharing protocols: Under s 35, the inspector and other information‑sharing entities may disclose relevant information to each other to the extent reasonably necessary, and may enter into protocols. This statutory permission must be read in light of confidentiality protections in s 37 and other statutory privacy regimes.

Privilege, compulsion and evidentiary rules

Displacement of common law privilege: Section 25 removes the ability for persons to rely on common law privileges against self‑incrimination and exposure to civil penalty when served with notices under ss 22 or 23, subject to the Act’s non‑admissibility rules. The Act notes that the Legislation Act s 171 deals with client legal privilege; practitioners need to reconcile the Act’s compulsion with the continued operation of client legal privilege as addressed in the Legislation Act.
Use immunity and prosecution for falsity: While compelled material is generally protected from use in subsequent civil or criminal proceedings against the person (s 25(4)), prosecutions remain possible for non-compliance with statutory notices or for falsity. This means that while compulsion is broad, the Act leaves space for criminal enforcement of false statements.

Administrative and procedural interplay

Employment and procurement rules: Staff employment and contractor engagement for the inspector must be conducted in accord with the Public Sector Management Act and standard procurement and employment rules (ss 13-15). The inspector may engage contractors, but not as employees (s 14(3)), which has labour law and procurement consequences.
Reporting obligations to the Legislative Assembly: The Act prescribes how reports are to be presented to the Legislative Assembly and how the Speaker should handle them (s 30). Legislative Assembly procedures intersect with the Act’s reporting timetable and possible ministerial extensions.

Amendment history and expiry

The endnotes record amendments made by Integrity Commission Act 2018, Integrity Commission Amendment Act 2019, Crimes Legislation Amendment Act 2021 (No 2), and Monitoring of Places of Detention Legislation Amendment Act 2024 (A2024‑41) which renamed the Act and amended substantive provisions (endnotes 3 and 4). The Act’s operation must therefore be read in the context of these amendments. The endnotes also show a review provision s 39 which expired on 8 December 2024 (endnote 4).

In sum, the Act is designed to sit within an existing network of Territory and Commonwealth statutory regimes. It gives strong inspection and compulsion powers to the inspector but does so while specifying procedural safeguards, cooperation mechanisms with other oversight entities, statutory confidentiality and use rules, and clear employment and administrative interfaces with public sector law.

The republished Act incorporates amendments up to A2024‑41; the endnotes in the republication record specific amendment instruments, dates of notification and commencement, and which sections were altered. The Act’s legislation and amendment history are set out in endnotes 3 and 4 of the republication.

Key amendment milestones and what they changed

Original enactment: The Act was originally notified as the Inspector of Correctional Services Act 2017, A2017‑47, with most provisions commencing 8-9 December 2017 (legislation history, endnote 3). The original structure established the inspection regime, appointment, powers and reporting functions.
Integrity Commission-related amendments (A2018‑52; A2019‑18): Amendments made in 2018 and 2019 adjusted cooperation and referral provisions to align with the Integrity Commission Act 2018. The amendment history notes changes to s 31 and related provisions to reflect interaction with the Integrity Commission (endnote 4 indicates s 31 amendments under A2018‑52 and A2019‑18). These amendments expanded and clarified the list of oversight entities and how the inspector should avoid duplication.
Crimes Legislation Amendment Act 2021 (No 2) (A2021‑18): Part 5 of this amending Act made further changes affecting the inspector’s functions and powers; the amendment history records changes to s 18 (A2021‑18 s 14) and likely to other sections. The republished Act notes specific insertions and amendments relating to inspection frequency and functions (see s 18 amendment references in endnote 4).
Monitoring of Places of Detention Legislation Amendment Act 2024 (A2024‑41): This instrument effected a renaming of the statute from Inspector of Correctional Services Act 2017 to Custodial Inspector Act 2017 (legislation history endnote 3, and amendment history endnote 4, ss 5-21). It also amended the headings of Part 2, adjusted appointment provisions, delegation (s 16), functions (s 17-18), reporting (s 27-30), and the retaliatory conduct offence (s 26). The dictionary was also amended, including a defined term for critical incident inserted by A2024‑41 s 20 (endnote 4).
Expiry and review: The amendment history notes a repeal/expiry point. Specifically, “Review of Act s 39 exp 8 December 2024 (s 39(3))” is recorded in the amendment history (endnote 4). The republication itself is dated 9 December 2024 and is noted to be republished for expiry of provision (s 39). Practitioners should therefore be aware that a statutory review requirement existed and expired in December 2024; the republished text incorporates succeeding amendments up to that point.

Detailed section-level amendments (select examples)

Section 7 (What is a correctional centre) was amended by A2017‑47 amdt 1.17-1.19 and later adjustments; the republished Act’s s 7 now explicitly includes escort vehicles and other custody places under Corrections Management Act 2007 and detention places under the Children and Young People Act 2008 (s 7(1)(a)-(f) and examples).
Functions and review timing in s 18 have been altered by A2017‑47 amdt 1.20, A2021‑18 s 14 and A2024‑41 ss 12-13. The current wording sets the initial and periodic review timetable: within two years of declaration, then at least once every three years thereafter for centres; correctional services may be examined no more than once every two years on the inspector’s initiative (s 18(1)(a)-(b)).
Report and draft consultation provisions: Section 29 was amended (A2024‑41 s 16) to formalise the statutory draft-comment period of six weeks or another period agreed between the inspector, relevant Minister and relevant director‑general; s 30 sets the timeframe in which the inspector must give reports to the Speaker and the Legislative Assembly presentation arrangements (A2024‑41 s 17).
Retaliatory conduct offence: Section 26’s maximum penalty and definition of detrimental action were amended by A2024‑41 s 14; the current section enumerates a broad set of acts that constitute detrimental action and imposes a maximum penalty of 100 penalty units and one year’s imprisonment for retaliators (s 26(1)).

Publication and republication notes

The republication notes identify authorised republications and the Parliamentary Counsel’s editorial changes authorised under the Legislation Act 2001, part 11.3. The republication indicates the text contains amendments to 9 December 2024 (front matter).
Endnote 3 provides the sequential legislative history listing notification dates and commencement dates for each amending Act. Endnote 4 lists the amendment history with section-by-section pointers to which instrument made which change, and notes expired provisions and omitted headings.

Implications for legal practice

Practitioners should consult the endnotes for the specific instruments that altered particular sections when dealing with events across different dates, because the Act’s text and the powers/duties it creates changed over time. The republication consolidates those amendments to 9 December 2024.
The renaming and associated textual changes effected by A2024‑41 mean earlier references in documents or contracts to the Inspector of Correctional Services Act 2017 should be updated to reflect the current Act title and any relocated or renumbered provisions.

In summary, the Act has been amended multiple times since enactment in 2017, with substantial amendments in 2018-2021 concerning interactions with oversight bodies and changes in 2024 that renamed the Act and adjusted the inspector’s functions, reporting process and offences. The endnotes provide the authoritative amendment trail and commencement timing for each change.

The republished Act and its endnotes do not record any judicial decisions, reported litigation or case law that interprets or applies provisions of the Custodial Inspector Act 2017. The Act’s endnotes supply a legislative history and amendment chronology (endnotes 3 and 4), but they do not list judicial proceedings or precedents.

What the source contains

The republication includes only the text of the Act as amended to 9 December 2024, the dictionary, notes about how editorial changes were made under the Legislation Act 2001, and detailed endnotes recording legislation and amendment history. It does not include a schedule of cases, citations to decisions, or references to litigation outcomes.

Practical consequence for practitioners

There is no litigation history to cite within this republication. Legal advisers should therefore not rely on any decisions interpreting the Act when preparing advice unless they separately research court or tribunal databases for decisions that may have been published subsequent to, or outside the scope of, this republication.
Given the Act interacts with other statutory regimes (Corrections Management Act 2007, Children and Young People Act 2008, Public Sector Management Act 1994, Criminal Code, and various oversight statutes), judicial authority on overlapping subjects may exist elsewhere; practitioners should search those bodies of case law for interpretive guidance where needed.

Recommendation for research

To locate any judicial treatment of the Act in practice,whether decisions dealing with inspector powers, obligations of correctional services, or offences created by this Act,practitioners should perform case law searches in relevant ACT courts and tribunals, and consult legal reporting services and Judicial Registrar lists. The republication itself does not supply that information.

In short, this republication contains no litigation history or case law references. Any reliance on judicial interpretation must be supported by independent case law research beyond the materials provided in the republished Act.

This section highlights provisions and interactions that frequently produce practical compliance, procedural, evidentiary or administrative surprises. Each item is grounded in the Act’s text.

Compulsion and privilege are not the same thing

Common law privileges against self‑incrimination and exposure to civil penalty are displaced for the purpose of compliance with notices under ss 22 and 23 (s 25(3)). That means a person cannot refuse to comply with a statutory notice on those grounds. However, the Act provides a statutory use immunity: information or documents obtained because of compliance cannot subsequently be used in civil or criminal proceedings against the person, except for prosecutions under ss 22 or 23 or offences for falsity (s 25(4)). Practitioners should note that client legal privilege remains addressed under the Legislation Act and may require separate analysis (s 25 note referencing Legislation Act s 171). The practical effect: a compelled witness must balance the statutory obligation to comply with the limited protection afforded against downstream use; false statements remain prosecutable.

Detainee protections and limits on compulsion

Detainees are expressly excluded from the offences for failing to comply with production or attendance notices (ss 22(5), 22(7), 23(4), 23(6), 23(8)). The inspector may only interview a detainee with the detainee’s consent and must offer the possibility of a support person and facilitate contacting one (s 19(3)-(4)). This means correctional staff cannot force detainees to participate in compelled interviews in the same way as other persons; practitioners representing detainees should be alert to these special protections.

Inspector’s power to enter at any time, and to inspect health records

The inspector may enter a correctional centre at any time (s 19(1)) and may inspect any relevant document, including health records (s 19(2)(a)(i)). Inspectors may therefore obtain sensitive health information. That raises privacy and health law issues: health records are subject to the Health Records (Privacy and Access) Act 1997 (s 19 note). Correctional agencies must have protocols to manage inspection of health information and to reconcile the inspector’s access rights with statutory health privacy obligations.

Draft report consultation may delay publication, and Ministers can extend timeframes

Before presenting a report to the Assembly, the inspector must give the relevant Minister and director‑general a reasonable opportunity to comment, which is six weeks unless a different period is agreed (s 29(1)-(3)). The relevant Minister may extend the period for presenting an inspection report to the Assembly by up to 12 months (s 30(2)). Practically, these provisions give the Executive a structured opportunity to influence presentation timelines and to submit comments that the inspector must consider (s 30(4)(a)); the inspector may attach those comments or amend the report (s 30(4)(b)-(c)). Practitioners should expect pre‑publication engagement and potential delays.

Broad definition of “correctional centre” includes non-traditional sites

Section 7(1) and its examples cover court cells, police cells, health facilities, vehicles used for escort and “any other place where a detainee is held in custody” under the Corrections Management Act 2007. This means inspections can reach custody interactions that occur off the main facility campus, including outsourced service sites or medical off‑site treatment locations. Service providers working with detainees should recognise they may be caught within the inspector’s remit.

Use and divulgence offences reach many people connected with the inspector

Section 37 applies to “a person to whom this section applies” which includes current or former inspectors, anyone who exercises or has exercised functions under the Act, persons involved in the Act’s administration, and persons given information under the Act by such individuals (s 37(6)). The breadth of this definition means that contractors, secondees, staff, and third parties given information might be criminally liable for reckless dissemination of protected information. Exceptions exist, but operational protocols and information‑handling policies are essential.

Inspector may take possession of documents temporarily, but must allow inspection

The inspector may take possession of, copy or take extracts from documents produced under a notice, and may keep them for the period necessary; during that period, anyone entitled to inspect must be allowed to inspect and copy or take extracts (s 24(1)(a)-(c)). Documents must be returned when the inspector is no longer entitled to keep them (s 24(2)). Practitioners should be careful about chain of custody, return procedures and ensuring copies are complete and authenticated where later relied upon.

Delegation limits and contractor engagement

Section 16 permits delegation only to staff employed under s 13 or persons engaged under s 14 (contractors). Section 14 allows contractors to be engaged on terms decided by the inspector but does not allow a contract of employment with a contractor (s 14(3)). Delegations must be made in accordance with the Legislation Act (s 16 note). This structure affects how the inspector organises workloads and circumscribes the pool of persons who can legally exercise delegated statutory functions.

Retaliation offence has broad reach and significant penalties

Section 26 criminalises a wide set of retaliatory acts, including discrimination, denial of access to detainees, adverse treatment of detainees’ living conditions or privileges and adverse treatment of relevant organisations. Penalties are significant (100 penalty units and/or imprisonment for 1 year). This provides strong statutory protection for whistleblowers and sources, but it also creates potential exposure for organisations making lawful administrative decisions in the custody context; care is needed to document the rationales for adverse actions affecting staff, detainees or third parties.

Cooperation obligations with other oversight bodies are mandatory but discretionary in referrals

The inspector must avoid duplication and delay with specified oversight entities and may enter into cooperative arrangements (s 31). The inspector may refer matters to investigative entities, and oversight entities may refer matters to the inspector, but neither side is compelled to act on referrals (ss 32(4), 34(4)). In practice, this means coordination requires active management and cannot substitute for the exercise of statutory powers by other bodies.

No litigation history in republished text

The republication contains no reported cases or litigation history (see “Litigation history” section above). Legal advisers must search external case law databases for any judicial treatment of these provisions if judicial interpretation is needed.

In short, the Act creates strong inspection and compulsion powers coupled with confidentiality and use-immunity protections, but these interacting features produce practical compliance issues that require carefully drafted internal policies, staff training, information security measures and consultation protocols with the inspector’s office and other oversight entities.

This section sets out practical steps for the main actors affected by the Act: correctional service operators (including custodial staff and contractors), director‑generals and departmental administrators, legal advisers and oversight entities. Each recommended action maps to specific statutory provisions.

For correctional service operators and facility managers

Establish a formal compliance contact point: Nominate a single liaison officer to receive inspection notices, coordinate responses, and manage logistics for inspections and interviews (s 19, s 21). This person should be authorised to communicate with the inspector and to arrange access to records and staff.
Log and manage notices: Create a central register for all written notices under ss 22 and 23; note the required form, stated compliance timeframes (s 22(3)), the named interviewer (s 23(1)), and set internal deadlines to prepare responses well before the statutory time so reasonable excuse defences are avoidable.
Protocol for document production and custody: Implement procedures for producing documents under s 22 that include making certified copies, logging chain of custody, and ensuring that where the inspector takes possession, the organisation retains a copy and records the items taken (s 24(1)-(2)). Ensure processes allow entitled parties to inspect and copy documents while the inspector retains them (s 24(1)(c)).
Health and privacy compliance: When the inspector requests health records (s 19(2)(a)(i)), follow privacy protocols and consult legal counsel to reconcile the inspector’s statutory access with obligations under the Health Records (Privacy and Access) Act 1997 and other privacy laws. Limit disclosure of sensitive information where the public interest against disclosure applies, and raise confidentiality concerns with the inspector and relevant director‑general if necessary (s 28).
Staff training and information security: Train custodial staff, contractors and third parties on the scope of s 37 (protected information), confidentiality duties, and the criminal risks for reckless divulgence. Establish secure channels for communication with the inspector and restrictions on dissemination of sensitive material.
Detainee interviews: Ensure staff facilitate detainee access and consent procedures for interviews required under s 19(3)-(4). Make arrangements for detainees to contact support persons promptly, and record consent procedures carefully.

For director‑generals and departmental administrators

Facilitate access and avoid obstruction: When an inspector requests access, make immediate arrangements to provide access to all parts of the correctional centre, vehicles and equipment, and to enable the inspector to speak to detainees (s 21(1)). Document steps taken to demonstrate compliance if obstruction is alleged (s 21(2)).
Draft report engagement: Prepare organised and substantive responses to draft reports during the six week consultation period (s 29(1)-(3)). Coordinate executive input, risk assessments and proposed amendments promptly to enable the inspector to consider and attach comments or amend the report (s 30(4)).
Interagency coordination: Where overlaps with auditor, human rights, integrity or ombudsman functions exist, coordinate investigations to avoid duplication and delay (s 31(1)). Where appropriate, negotiate memoranda or protocols to manage interaction (s 31(2)(b)).
Resource and staff planning: Ensure the inspector’s office has access to necessary facilities and staffing arrangements, and that use of public servants or facilities (s 15) is governed by delegated powers under the Public Sector Management Act.

For persons served with ss 22 and 23 notices (staff, contractors, third parties)

Seek legal advice quickly: Notices may compel attendance and production; seek legal advice to assess whether privileges might apply under the Legislation Act or whether other lawful grounds exist for a reasonable excuse (ss 22-23, s 25 note).
Preserve documents and record actions: Immediately preserve relevant documents and record who has access. If producing documents, keep copies and obtain acknowledgements. If attendance at interviews is required, prepare factual records and have a designated support person or legal representative where appropriate.
Avoid unauthorised disclosure: Do not use or divulge protected information recklessly. If uncertain whether information is protected, consult counsel before disclosure beyond the inspector, particularly given s 37’s criminal offence.

For the inspector’s office

Disclosure of interests and employment constraints: The inspector must give the Executive a written statement of personal and financial interests within seven days of appointment and thereafter annually and on change (s 10). Avoid paid or unpaid employment inconsistent with inspector functions (s 11).
Staffing and delegation compliance: Employ staff under the Public Sector Management Act (s 13), use contractors per s 14 ensuring contracts do not create employment relationships (s 14(3)), and record delegations in accordance with the Legislation Act (s 16 and note). Keep clear records of delegations and ensure delegates understand the limits of their delegation.
Cultural and vulnerability considerations: When conducting reviews, consult or use staff suitable to detainees’ cultural background or vulnerability where appropriate (s 18(2)). Implement processes for engaging Aboriginal and Torres Strait Islander representatives, interpreters, disability advocates or female interviewers where relevant (s 18(2) examples).
Draft report process and public interest assessments: Provide draft reports to relevant Ministers and director‑generals and allow the statutory consultation period (s 29). When considering redactions or confidentiality, document the public interest considerations relied upon under s 28(1)-(2), showing why those considerations outweigh disclosure. Consider attaching comments by Ministers or director‑generals as permitted (s 30(4)(b)).
Information sharing protocols: Where information sharing with oversight entities occurs, negotiate and document information sharing protocols that implement s 35, including security, retention, permitted use, and return or destruction rules consistent with s 24 and s 37.

For oversight and investigative entities

Consult and coordinate early: Follow s 33(2) obligations to consult with the inspector when an oversight entity is dealing with a matter involving a detainee or correctional service under the listed provisions; devise arrangements to avoid duplication of statutory functions (s 33(3)).
Use referral options carefully: If the oversight entity believes a matter is more appropriately dealt with by the inspector, refer the matter under s 34, but be aware that the inspector is not obliged to act on the referral (s 34(4)). Likewise, if the inspector refers a matter to an investigative body, the investigative body is not compelled to take it up (s 32(4)).

Recordkeeping, policies and audit trails

Retain robust documentation: For all interactions with the inspector, maintain detailed records of requests, responses, legal advice, and chain of custody of produced documents. This will be essential for defending claims of obstruction, for complying with return obligations (s 24(2)), and for demonstrating protection of sensitive information under s 37.
Prepare internal policies: Establish standard operating procedures for dealing with inspector inspections, including checklists for staff contacted by the inspector, templates for notice responses, media protocols for report publication, and confidentiality classifications tied to s 28 public interest considerations.

Final practical pointers

Timeframes matter: Treat notice compliance timelines as mandatory unless there is a clear, documented, reasonable excuse, because non‑compliance carries a criminal penalty (ss 22-23).
False statements risk prosecution: Compliance with notices does not protect a person from prosecution for false statements or false documents; accuracy is essential (s 25(4) exceptions).
Budget for inspections and records retrieval: Anticipate administrative costs in staff time, secure scanning/copying, legal advice, and data redaction or anonymisation where public interest considerations require redactions (s 28).
Review contractual terms with third-party providers: Ensure contractual clauses with contractors and service providers address obligations to comply with statutory notices, confidentiality duties, and protocols for handing over documents to the inspector.

Following these steps will reduce the risk of criminal exposure for non‑compliance, protect sensitive information, facilitate constructive engagement with the inspector, and ensure statutory reporting and consultation obligations are met.

Custodial Inspector Act 2017

Plain English Summary

Deep Dive

What it does

Current sections

Custodial Inspector Act 2017

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply