OPCAT Implementation Act 2021
17Action on evidence of breach of duty
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17 Action on evidence of breach of duty
If, during or after an inspection carried out under section 13 , a Tasmanian national preventive mechanism is of the opinion that –
(a) there is evidence of a breach of duty or misconduct on the part of the responsible Secretary or any officer or employee of an agency or instrumentality of the Tasmanian government; and
(b) in all the circumstances, the evidence is of sufficient force to justify his or her doing so –
the Tasmanian national preventive mechanism may bring the evidence –
(c) in the case of the responsible Secretary, to the notice of a responsible Minister; and
(d) in any other case, to the notice of the responsible Secretary.