sec.279BPhotographing detainees and parts of a detention centre

### sec.279B Photographing detainees and parts of a detention centre A person must not photograph or attempt to photograph— a detainee inside a detention centre; or a part of a detention centre. Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment. A person does not commit an offence against subsection (1) if the person is— for subsection (1) (a) —the detainee’s lawyer; or a child advocacy officer; or a community visitor (child); or an officer of a law enforcement agency; or 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; or the human rights commissioner; or the inspector of detention services; or the ombudsman; or the public guardian; or a person who has the chief executive’s written approval to carry out the activity mentioned in subsection (1) ; or the chief executive, or a detention centre employee authorised by the chief executive, who is carrying out the activity under section 263A . The chief executive may give approval to a person under subsection (2) (j) subject to any conditions the chief executive considers appropriate. Without limiting the matters the chief executive may have regard to, the chief executive must have regard to the following matters in deciding whether to give a person approval under subsection (2) (j) — the public interest; any vulnerability of the detainee or any other person who may be affected by the activity; the potential for the activity to prejudice current or future legal proceedings; the potential for the activity to prejudice the security or good order of a detention centre; the potential for the activity to prejudice the safety or wellbeing of the detainee or another person. In this section— photograph includes record or create a visual image other than by photography. s 279B ins 2024 No. 45 s 127 (sec.279B-ssec.1) A person must not photograph or attempt to photograph— a detainee inside a detention centre; or a part of a detention centre. Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment. (sec.279B-ssec.2) A person does not commit an offence against subsection (1) if the person is— for subsection (1) (a) —the detainee’s lawyer; or a child advocacy officer; or a community visitor (child); or an officer of a law enforcement agency; or 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; or the human rights commissioner; or the inspector of detention services; or the ombudsman; or the public guardian; or a person who has the chief executive’s written approval to carry out the activity mentioned in subsection (1) ; or the chief executive, or a detention centre employee authorised by the chief executive, who is carrying out the activity under section 263A . (sec.279B-ssec.3) The chief executive may give approval to a person under subsection (2) (j) subject to any conditions the chief executive considers appropriate. (sec.279B-ssec.4) Without limiting the matters the chief executive may have regard to, the chief executive must have regard to the following matters in deciding whether to give a person approval under subsection (2) (j) — the public interest; any vulnerability of the detainee or any other person who may be affected by the activity; the potential for the activity to prejudice current or future legal proceedings; the potential for the activity to prejudice the security or good order of a detention centre; the potential for the activity to prejudice the safety or wellbeing of the detainee or another person. (sec.279B-ssec.5) In this section— photograph includes record or create a visual image other than by photography. - (a) a detainee inside a detention centre; or - (b) a part of a detention centre. - (a) for subsection (1) (a) —the detainee’s lawyer; or - (b) a child advocacy officer; or - (c) a community visitor (child); or - (d) an officer of a law enforcement agency; or - (e) 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; or - (i) a member of the UN subcommittee; or - (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or - (f) the human rights commissioner; or - (g) the inspector of detention services; or - (h) the ombudsman; or - (i) the public guardian; or - (j) a person who has the chief executive’s written approval to carry out the activity mentioned in subsection (1) ; or - (k) the chief executive, or a detention centre employee authorised by the chief executive, who is carrying out the activity under section 263A . - (i) a member of the UN subcommittee; or - (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or - (a) the public interest; - (b) any vulnerability of the detainee or any other person who may be affected by the activity; - (c) the potential for the activity to prejudice current or future legal proceedings; - (d) the potential for the activity to prejudice the security or good order of a detention centre; - (e) the potential for the activity to prejudice the safety or wellbeing of the detainee or another person.