Inspector of Detention Services Act 2022
sec.8Functions
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sec.8 Functions
The functions of the inspector are— to review or monitor a detention service at any time; and to inspect a place of detention at any time; and without limiting paragraph (b) — to inspect each youth detention centre at least once every year; and to inspect each prison that is a secure facility at least once every 5 years; and to inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and to prepare and publish standards in relation to carrying out inspections; and to report to the Legislative Assembly on— each review carried out by the inspector; and each inspection carried out by the inspector under paragraph (c) ; and other inspections carried out by the inspector, as the inspector considers appropriate; and to report to the Legislative Assembly on any matter relating to the functions of the inspector if, in the inspector’s opinion, it is in the interest of any person or in the public interest to do so; and to include in any report to the Legislative Assembly advice or recommendations the inspector considers appropriate about a detention service or place of detention; and any other functions conferred on the inspector under this Act or any other Act. In carrying out a review or inspection mentioned in subsection (1) (a) , (b) or (c) , the inspector must have regard to the cultural background or vulnerability of detainees to whom the review or inspection is relevant. The inspector may perform any function on the inspector’s own initiative. The inspector may, but is not required to, perform a function mentioned in subsection (1) (a) , (b) , (d) , (e) (iii) , (f), (g) or (h) at the request of— the Minister; or a responsible Minister in relation to a relevant matter of interest for the Minister. In this section— secure facility see the Corrective Services Act 2006 , schedule 4 . (sec.8-ssec.1) The functions of the inspector are— to review or monitor a detention service at any time; and to inspect a place of detention at any time; and without limiting paragraph (b) — to inspect each youth detention centre at least once every year; and to inspect each prison that is a secure facility at least once every 5 years; and to inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and to prepare and publish standards in relation to carrying out inspections; and to report to the Legislative Assembly on— each review carried out by the inspector; and each inspection carried out by the inspector under paragraph (c) ; and other inspections carried out by the inspector, as the inspector considers appropriate; and to report to the Legislative Assembly on any matter relating to the functions of the inspector if, in the inspector’s opinion, it is in the interest of any person or in the public interest to do so; and to include in any report to the Legislative Assembly advice or recommendations the inspector considers appropriate about a detention service or place of detention; and any other functions conferred on the inspector under this Act or any other Act. (sec.8-ssec.2) In carrying out a review or inspection mentioned in subsection (1) (a) , (b) or (c) , the inspector must have regard to the cultural background or vulnerability of detainees to whom the review or inspection is relevant. (sec.8-ssec.3) The inspector may perform any function on the inspector’s own initiative. (sec.8-ssec.4) The inspector may, but is not required to, perform a function mentioned in subsection (1) (a) , (b) , (d) , (e) (iii) , (f), (g) or (h) at the request of— the Minister; or a responsible Minister in relation to a relevant matter of interest for the Minister. (sec.8-ssec.5) In this section— secure facility see the Corrective Services Act 2006 , schedule 4 .