Custodial Inspector Act 2017

In preparing a report under section 27, the inspector must consider whether any part of the report must be kept confidential because—

there are public interest considerations against disclosure; and

those considerations outweigh the public interest in favour of disclosure.

There is a public interest against disclosure if disclosure of the information could reasonably have any of the following effects:

undermining security or good order at a correctional centre;

assisting anyone in escaping or attempting to escape from detention;

undermining national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth));

identifying or allowing the identification of any person detained, working or otherwise at a correctional centre;

undermining the procedures or systems in place to safeguard the life, health and safety of a corrections officer or any other person at a correctional centre;

revealing or tending to reveal the identity of a person disclosing information to the inspector or undermining the future supply of information to the inspector.

The following matters must not be taken into account in deciding whether there is a public interest against disclosure:

causing embarrassment to, or a loss of confidence in, the Executive, a Minister or a director-general;

the possibility that the information may be misunderstood or misinterpreted by a person.