OPCAT Implementation Act 2021
16Requiring of documents &c.
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16 Requiring of documents &c.
(1) A Tasmanian national preventive mechanism may, by notice served on a person, require that person to produce to –
(a) the Tasmanian national preventive mechanism; or
(b) a person designated by the Tasmanian national preventive mechanism –
any information, document or thing in that person's possession or control that the Tasmanian national preventive mechanism considers relevant to an inspection carried out under section 13 .
(2) Information required to be produced under subsection (1) may include information relating to –
(a) the number and treatment of detainees and the conditions of their detention; and
(b) places of detention, including the number of such places and their location.
(3) The Crown may not prevent or obstruct information from being produced, or evidence from being given, for the purpose of an inspection carried out under section 13 , even though it would be entitled to do so if the inspection were a legal proceeding held before a court.
(4) A person is not excused from giving information, producing a record or answering a question, when required to do so under this Act, on the ground that to do so would disclose legal advice furnished to an agency or instrumentality of the Tasmanian government or another authority to which this Act applies.