Custodial Inspector Act 2017

This Act is the Custodial Inspector Act 2017.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘young detainee—see the Children and Young People Act 2008, section 95.’ means that the term ‘young detainee’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main object of this Act is to promote the continuous improvement of correctional centres and correctional services.

This is to be achieved particularly by providing a framework for—

the systematic review and scrutiny of the correctional centres and services; and

independent and transparent reporting.

In this Act:

correctional centre means—

a place declared to be a correctional centre under the Corrections Management Act 2007, section 24; or

a place where a detainee is held in custody under a declaration under the Corrections Management Act 2007, section 34; or

a place, including a vehicle, where a detainee is held in custody while being escorted by an escort officer under the Corrections Management Act 2007; or

any other place where a detainee is held in custody under the Corrections Management Act 2007; or

a place declared to be a detention place under the Children and Young People Act 2008, section 142; or

a place, including a vehicle, where a detainee is held in custody while being escorted by an escort officer under the Children and Young People Act 2008.

Examples—par (d)

1 a place where a detainee is directed to work or participate in an activity

2 a police or court cell

3 a health facility

In this section:

escort officer means—

for the Corrections Management Act 2007—a corrections officer; or

for the Children and Young People Act 2008—a corrections officer or a youth detention officer.

youth detention officer—see the Children and Young People Act 2008, section 96.

In this Act:

correctional service—

means—

the management, control and security of a correctional centre; or

the security, control, safety, care and welfare of a detainee at a correctional centre; and

includes policies, processes and procedures in relation to the matters mentioned in paragraph (a).

The Executive must appoint a person as the custodial inspector.

Note For laws about appointments, see the Legislation Act, pt 19.3.

The appointment must be made in accordance with an open and accountable selection process.

However, the Executive must not appoint a person as the inspector unless satisfied that the person has the experience or expertise necessary to exercise the inspector’s functions.

A person must not be appointed for a term of longer than 5 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

The inspector’s conditions of appointment are the conditions agreed between the Executive and the inspector that are stated in the instrument of appointment, subject to any determination under the Remuneration Tribunal Act 1995.

The appointment of the inspector is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The inspector must give the Executive a written statement of the inspector’s personal and financial interests within 7 days after—

the day the inspector is appointed; and

the first day of each financial year; and

the day there is a change in the interest.

The inspector must not—

have paid employment that is inconsistent with the inspector’s functions; or

engage in any unpaid activity that is inconsistent with the inspector’s functions.

The Executive may end a person’s appointment as the inspector—

for misconduct; or

if the person becomes bankrupt or personally insolvent; or

Note Bankrupt or personally insolvent—see the Legislation Act, dict, pt 1.

if the person is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

if the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

The Executive must end the inspector’s appointment for physical or mental incapacity, if the incapacity substantially affects the exercise of the inspector’s functions.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

The inspector may employ staff on behalf of the Territory.

The inspector’s staff must be employed under the Public Sector Management Act 1994.

Note The Public Sector Management Act 1994, div 8.2 applies to the inspector in relation to the employment of staff (see Public Sector Management Act 1994, s 152).