Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2023
sec.10Detaining authority may temporarily prohibit or restrict access to place of detention
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sec.10 Detaining authority may temporarily prohibit or restrict access to place of detention
The detaining authority for a place of detention may temporarily prohibit or restrict access to the place or part of the place by the subcommittee and an accompanying person if the detaining authority believes a ground mentioned in subsection (2) exists. For subsection (1) , the grounds are as follows— allowing access to the place or part of the place may prevent the maintenance of— security, good order and management of the place of detention; or health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person); allowing access to the place or part of the place may prevent the conduct of essential operations by the detaining authority. A prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) must be only for the shortest period reasonable in the circumstances. The detaining authority must— for each temporary prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) , make a written record of— the reasons for the prohibition or restriction; and the date and time when the prohibition or restriction began and its duration; and give a copy of the record to the responsible Minister for the place of detention. (sec.10-ssec.1) The detaining authority for a place of detention may temporarily prohibit or restrict access to the place or part of the place by the subcommittee and an accompanying person if the detaining authority believes a ground mentioned in subsection (2) exists. (sec.10-ssec.2) For subsection (1) , the grounds are as follows— allowing access to the place or part of the place may prevent the maintenance of— security, good order and management of the place of detention; or health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person); allowing access to the place or part of the place may prevent the conduct of essential operations by the detaining authority. (sec.10-ssec.3) A prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) must be only for the shortest period reasonable in the circumstances. (sec.10-ssec.4) The detaining authority must— for each temporary prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) , make a written record of— the reasons for the prohibition or restriction; and the date and time when the prohibition or restriction began and its duration; and give a copy of the record to the responsible Minister for the place of detention.
- (a) allowing access to the place or part of the place may prevent the maintenance of— (i) security, good order and management of the place of detention; or (ii) health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person);