Inspector of Detention Services Act 2022
sec.23Public interest considerations
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sec.23 Public interest considerations
For preparing a report under section 22 (1) or (2) , the inspector must consider whether any information in the report must be kept confidential because— there are public interest considerations against disclosing the information; and those considerations outweigh the public interest in favour of disclosing the information. There is a public interest against disclosing the information if disclosing it could reasonably be expected to have any of the following effects— undermining security or good order at a place of detention; helping anyone in escaping or attempting to escape from detention; prejudicing national security; 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; identifying or allowing the identification of— any person who is, or was, detained at a place of detention; or a relative of a person mentioned in subparagraph (i) ; undermining any system or procedure for protecting the life, health or safety of a detainee at a place of detention; identifying or allowing the identification of a corrective services officer, police officer (including a watch-house manager), watch-house officer, youth justice staff member or another person who is, or was, working at a place of detention; undermining any system or procedure for protecting the life, health or safety of a person mentioned in paragraph (g) who is working at a place of detention. The following matters must not be taken into account in deciding whether there is a public interest against disclosing the information— causing embarrassment to, or a loss of confidence in, the Government; the possibility that the information may be misunderstood or misinterpreted by a person. In this section— corrective services officer see the Corrective Services Act 2006 , schedule 4 . national security means national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) . youth justice staff member see the Youth Justice Act 1992 , section 59B . (sec.23-ssec.1) For preparing a report under section 22 (1) or (2) , the inspector must consider whether any information in the report must be kept confidential because— there are public interest considerations against disclosing the information; and those considerations outweigh the public interest in favour of disclosing the information. (sec.23-ssec.2) There is a public interest against disclosing the information if disclosing it could reasonably be expected to have any of the following effects— undermining security or good order at a place of detention; helping anyone in escaping or attempting to escape from detention; prejudicing national security; 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; identifying or allowing the identification of— any person who is, or was, detained at a place of detention; or a relative of a person mentioned in subparagraph (i) ; undermining any system or procedure for protecting the life, health or safety of a detainee at a place of detention; identifying or allowing the identification of a corrective services officer, police officer (including a watch-house manager), watch-house officer, youth justice staff member or another person who is, or was, working at a place of detention; undermining any system or procedure for protecting the life, health or safety of a person mentioned in paragraph (g) who is working at a place of detention. (sec.23-ssec.3) The following matters must not be taken into account in deciding whether there is a public interest against disclosing the information— causing embarrassment to, or a loss of confidence in, the Government; the possibility that the information may be misunderstood or misinterpreted by a person. (sec.23-ssec.4) In this section— corrective services officer see the Corrective Services Act 2006 , schedule 4 . national security means national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) . youth justice staff member see the Youth Justice Act 1992 , section 59B .