sec.263ARecordings in detention centres and use of body-worn cameras

### sec.263A Recordings in detention centres and use of body-worn cameras The chief executive may, for carrying out the chief executive’s responsibilities under section 263 (1) , record images or sounds in a detention centre. Without limiting subsection (1) , the chief executive may authorise a detention centre employee to use a body-worn camera to record images or sounds while the employee is acting in the performance of the employee’s duties. However, the chief executive or a detention centre employee must not record a communication between a child detained in a detention centre and any of the following persons— the child’s lawyer; an officer of a law enforcement agency; the ombudsman; a community visitor (child); a child advocacy officer; the public guardian; a person who is— a member of the UN subcommittee; or accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; the inspector of detention services; the human rights commissioner. Also, the chief executive or a detention centre employee must not record a telephone conversation between a child detained in a detention centre and someone else unless— the recording of the conversation is made for a purpose, and in accordance with the requirements, prescribed by regulation; and the conversation is not between a child detained in the detention centre and a person mentioned in subsection (3) . Subsections (3) and (4) do not apply to the extent— the communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and the use is inadvertent, unexpected or incidental to use while acting in the performance of the employee’s duties. Use of a body-worn camera by a detention centre employee is lawful if the use is authorised by the chief executive and is in compliance with this section. To remove any doubt, it is declared that subsections (1) , (2) and (6) are provisions authorising the use by the chief executive, or a detention centre employee, of a listening device for the Invasion of Privacy Act 1971 , section 43 (2) (d) . In this section— listening device see the Invasion of Privacy Act 1971 , section 4 . telephone conversation includes a conversation held using any technology that allows reasonably contemporaneous and continuous communication between 2 or more persons. use , of a body-worn camera by a detention centre employee, includes use that— is inadvertent or unexpected; or is incidental to use while acting in the performance of the employee’s duties. s 263A ins 2019 No. 23 s 5 amd 2023 No. 13 s 29 ; 2023 No. 14 s 45 ; 2022 No. 18 s 104 ; 2024 No. 45 s 125 (sec.263A-ssec.1) The chief executive may, for carrying out the chief executive’s responsibilities under section 263 (1) , record images or sounds in a detention centre. (sec.263A-ssec.2) Without limiting subsection (1) , the chief executive may authorise a detention centre employee to use a body-worn camera to record images or sounds while the employee is acting in the performance of the employee’s duties. (sec.263A-ssec.3) However, the chief executive or a detention centre employee must not record a communication between a child detained in a detention centre and any of the following persons— the child’s lawyer; an officer of a law enforcement agency; the ombudsman; a community visitor (child); a child advocacy officer; the public guardian; a person who is— a member of the UN subcommittee; or accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; the inspector of detention services; the human rights commissioner. (sec.263A-ssec.4) Also, the chief executive or a detention centre employee must not record a telephone conversation between a child detained in a detention centre and someone else unless— the recording of the conversation is made for a purpose, and in accordance with the requirements, prescribed by regulation; and the conversation is not between a child detained in the detention centre and a person mentioned in subsection (3) . (sec.263A-ssec.5) Subsections (3) and (4) do not apply to the extent— the communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and the use is inadvertent, unexpected or incidental to use while acting in the performance of the employee’s duties. (sec.263A-ssec.6) Use of a body-worn camera by a detention centre employee is lawful if the use is authorised by the chief executive and is in compliance with this section. (sec.263A-ssec.7) To remove any doubt, it is declared that subsections (1) , (2) and (6) are provisions authorising the use by the chief executive, or a detention centre employee, of a listening device for the Invasion of Privacy Act 1971 , section 43 (2) (d) . (sec.263A-ssec.8) In this section— listening device see the Invasion of Privacy Act 1971 , section 4 . telephone conversation includes a conversation held using any technology that allows reasonably contemporaneous and continuous communication between 2 or more persons. use , of a body-worn camera by a detention centre employee, includes use that— is inadvertent or unexpected; or is incidental to use while acting in the performance of the employee’s duties. - (a) the child’s lawyer; - (b) an officer of a law enforcement agency; - (c) the ombudsman; - (d) a community visitor (child); - (e) a child advocacy officer; - (f) the public guardian; - (g) a person who is— (i) a member of the UN subcommittee; or (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; - (i) a member of the UN subcommittee; or - (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; - (h) the inspector of detention services; - (i) the human rights commissioner. - (i) a member of the UN subcommittee; or - (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; - (a) the recording of the conversation is made for a purpose, and in accordance with the requirements, prescribed by regulation; and - (b) the conversation is not between a child detained in the detention centre and a person mentioned in subsection (3) . - (a) the communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and - (b) the use is inadvertent, unexpected or incidental to use while acting in the performance of the employee’s duties. - (a) is inadvertent or unexpected; or - (b) is incidental to use while acting in the performance of the employee’s duties.