20Opportunity to be heard

20 Opportunity to be heard

(1)  A Tasmanian national preventive mechanism is not to –

(a) make recommendations or provide advice under section 18 ; or

(b) provide a report under section 19 ; or

(c) publish information obtained under this Act –

that contains adverse or derogatory comments in respect of a person unless the Tasmanian national preventive mechanism has given the person a reasonable opportunity –

(d) to appear before him or her; or

(e) to make representations to him or her, either orally or in writing.

(2)  A Tasmanian national preventive mechanism is not to –

(a) make recommendations or provide advice under section 18 ; or

(b) provide a report under section 19 ; or

(c) publish information obtained under this Act –

that contains adverse or derogatory comments in respect of the department responsible for a place of detention or the services provided in the place of detention, unless –

(d) the Tasmanian national preventive mechanism has given the responsible Secretary, and any relevant officer or employee of the responsible department, a reasonable opportunity –

(i) to appear before him or her; or

(ii) to make representations to him or her, either orally or in writing; and

(e) the Tasmanian national preventive mechanism has provided a draft of the report to the responsible Secretary.