Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018

The Minister may enter into arrangements (Ministerial arrangements) with the Commonwealth Attorney‑General to facilitate the subcommittee’s exercise of its functions in accordance with the Optional Protocol within the ACT under this Act.

Without limiting subsection (1), a Ministerial arrangement may be made in relation to the following:

the care, direction, control and management of detainees or other people within places of detention;

the safety and security of places of detention;

access to, and disclosure of, information;

publication of information;

the privacy of individuals or their rights to the confidentiality of personal information about them;

the special needs of children and other vulnerable people;

urgent and compelling risks to public health caused by outbreaks of infectious diseases.

A Ministerial arrangement must be consistent with, and reasonably appropriate and adapted for implementing, the Optional Protocol.

A detaining authority has, and may exercise, the functions necessary, under the relevant Ministerial arrangements, to give effect to the Optional Protocol.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

The Minister may enter into arrangements with the Commonwealth Attorney‑General for the exercise of functions under this Act in relation to places of detention and detainees under the control and jurisdiction of the Commonwealth.