sec.12Requiring information or attendance of person for review or inspection

sec.12 Requiring information or attendance of person for review or inspection

This section applies if the inspector— is carrying out a review of a detention service or has carried out, or proposes to carry out, an inspection of a place of detention; and believes a person can give information relevant to the review or inspection. The inspector may, by notice given to the person, require the person to do either or both of the following— give the inspector the information within a stated reasonable time and in a stated reasonable way; if the person is employed or engaged to provide a detention service for a place of detention— attend before the inspector at a stated reasonable place and time; and answer questions relevant to the review or inspection the inspector reasonably requires to be answered. A person of whom a requirement is made under subsection (2) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units. It is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 49 . (sec.12-ssec.1) This section applies if the inspector— is carrying out a review of a detention service or has carried out, or proposes to carry out, an inspection of a place of detention; and believes a person can give information relevant to the review or inspection. (sec.12-ssec.2) The inspector may, by notice given to the person, require the person to do either or both of the following— give the inspector the information within a stated reasonable time and in a stated reasonable way; if the person is employed or engaged to provide a detention service for a place of detention— attend before the inspector at a stated reasonable place and time; and answer questions relevant to the review or inspection the inspector reasonably requires to be answered. (sec.12-ssec.3) A person of whom a requirement is made under subsection (2) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.12-ssec.4) It is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. See, however, section 49 .

• (a) is carrying out a review of a detention service or has carried out, or proposes to carry out, an inspection of a place of detention; and
• (b) believes a person can give information relevant to the review or inspection.
• (a) give the inspector the information within a stated reasonable time and in a stated reasonable way;
• (b) if the person is employed or engaged to provide a detention service for a place of detention— (i) attend before the inspector at a stated reasonable place and time; and (ii) answer questions relevant to the review or inspection the inspector reasonably requires to be answered.