OPCAT Implementation Act 2021
32Access to information
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32 Access to information
(1) A responsible Minister, a responsible Secretary and a detaining authority in relation to a place of detention to which the Subcommittee requests access must ensure that the Subcommittee and any accompanying experts are provided with all relevant information that is requested by the Subcommittee for the purpose of evaluating the needs and measures that should be adopted to strengthen, if necessary, the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.
(2) A detaining authority in relation to a place of detention must, at the request of the Subcommittee and in accordance with Ministerial arrangements, permit the Subcommittee to have unrestricted access to the following information in relation to the place of detention:
(a) the number of detainees in the place of detention;
(b) the treatment of detainees at the place of detention;
(c) the conditions of detention applying to detainees in that place of detention.
(3) Access, to which the Subcommittee is entitled under this section, includes the right to inspect any information that is under the control of a responsible Minister or a detaining authority, or whose production the responsible Minister or detaining authority may, in an official capacity, reasonably require.
(4) Despite subsections (1) and (2), this section does not entitle the Subcommittee to request information held by any of the following persons (protected professionals) in the following circumstances:
(a) a registered health professional, within the meaning of the Health Practitioner Regulation National Law (Tasmania) Act 2010 , concerning a private health service provided to a person who is or was a detainee;
(b) an Australian lawyer, within the meaning of the Legal Profession Act 2007 , or other lawyer concerning legal advice given to a client who is or was a detainee;
(c) any other person who acted in a professional capacity with a person who is or was a detainee and who was under an express or implied obligation arising under law not to disclose any information or confidence arising out of that relationship.