135AAccess to detainee by prescribed officer

135A Access to detainee by prescribed officer

[Section 135A Inserted by No. 23 of 2016, s. 14, Applied:23 Aug 2016]

(1)  In this section –

prescribed officer means a person, or a person of a class of persons, prescribed by the regulations to be a prescribed officer for the purposes of this section.

(2)  Except as provided by this section, a prescribed officer is entitled to be allowed access, at any reasonable time, to –

(a) any detention centre for the purpose of performing and exercising his or her functions and powers under a prescribed Act, in relation to the centre; and

(b) any detention centre and any detainee at the centre for the purpose of performing and exercising his or her functions and powers under a prescribed Act, in relation to the detainee.

(3)  A detention centre manager and each member of the staff at a detention centre –

(a) must allow a prescribed officer to conduct an interview with a detainee out of the hearing of any other person; and

(b) must not without the approval of the detainee open, copy, remove or read any correspondence –

(i) from the detainee to a prescribed officer; or

(ii) from a prescribed officer to the detainee.

(4)  A detention centre manager, and a member of staff at a detention centre, must not read any document brought to the centre by a prescribed officer without the permission of the prescribed officer.

(5)  A detention centre manager may –

(a) refuse to allow a prescribed officer to enter the detention centre, or require a prescribed officer to leave the detention centre immediately, if the prescribed officer fails to produce his or her identification and evidence that he or she is a prescribed officer when requested to do so by the detention centre manager; and

(b) direct a prescribed officer to leave the detention centre immediately if, in the manager's opinion, it is necessary for the security of the prescribed officer or the detention centre.