31Subcommittee's access to places of detention

31 Subcommittee's access to places of detention

(1)  A responsible Minister and a detaining authority in relation to a relevant place of detention must ensure that the Subcommittee, any experts accompanying the Subcommittee and any persons appointed under Ministerial arrangements to assist the Subcommittee, are given unrestricted access to every part of that place, except as provided by subsections (2) and (3) .

(2)  If the detaining authority in relation to a place of detention considers that one or more grounds specified in Article 14(2) of the Optional Protocol may temporarily prevent the carrying out of a visit by the Subcommittee, the detaining authority may prohibit or restrict access to the place of detention so that the Attorney-General of the Commonwealth may, in accordance with Ministerial arrangements, be requested to object, and decide whether or not to object, to the visit.

(3)  A detaining authority may prohibit or restrict access to the place of detention –

(a) if an objection to the Subcommittee's visit has been made by the Attorney-General of the Commonwealth, in accordance with Ministerial arrangements, on one or more of the grounds specified in Article 14(2) of the Optional Protocol; and

(b) the objection has not been withdrawn or otherwise resolved by the Attorney-General of the Commonwealth in accordance with Ministerial arrangements.