Custodial Inspector Act 2017

If the inspector believes, on reasonable grounds, that someone can provide information relevant to an examination or review under section 18, the inspector may, by written notice given to the person, require the person to attend before a named person (an interviewer), at a reasonable time and place stated in the notice, to answer questions relevant to the examination or review.

Note For how documents may be served, see the Legislation Act, pt 19.5.

A person who attends before an interviewer under a notice under subsection (1) must continue to attend as reasonably required by the interviewer to answer questions relevant to the examination or review.

A person commits an offence if—

the person is required by a notice under subsection (1) to attend before an interviewer to answer questions in relation to an examination or review; and

the person does not attend before the interviewer as required.

Maximum penalty: 50 penalty units.

Subsection (3) does not apply—

to a detainee; or

if the person has a reasonable excuse for not attending before the interviewer as required.

A person commits an offence if—

the person is required by a notice under subsection (1) to attend before an interviewer to answer questions in relation to an examination or review; and

the person attends before the interviewer as required; and

the person fails to continue to attend as reasonably required by the interviewer to answer questions relevant to the examination or review.

Maximum penalty: 50 penalty units.

Subsection (5) does not apply—

to a detainee; or

if the person has a reasonable excuse for failing to continue to attend as required by the interviewer.

A person commits an offence if—

the person is required by a notice under subsection (1) to attend before an interviewer to answer questions in relation to an examination or review; and

the person attends before the interviewer as required; and

the interviewer requires the person to answer a question; and

the person fails to answer the question.

Maximum penalty: 50 penalty units.

Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

Note 2 Giving false information is an offence against the Criminal Code, s 338.

Subsection (7) does not apply—

to a detainee; or

if the person has a reasonable excuse for failing to answer the question.

Note The defendant has an evidential burden in relation to the matters mentioned in ss (4), (6) and (8) (see Criminal Code, s 58).