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
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