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

An entity commits an offence if––

the entity intentionally takes detrimental action against someone; and

the detrimental action is taken wholly or partially because––

the person provided information, produced a document or thing or made a disclosure to the NPM or the subcommittee; or

the person proposed to provide information, produce a document or thing or make a disclosure to the NPM or the subcommittee; or

the entity believes the person has done a thing mentioned in paragraphs (i) or (ii).

Maximum penalty: 110 penalty units, imprisonment for 2 years or both.

A detaining authority who engages in conduct that would be an offence under subsection (1) is taken to have engaged in conduct that constitutes misconduct in the performance of the detaining authority’s duties and that justifies the taking of disciplinary action against the detaining authority, including disciplinary action provided for––

under an Act that regulates the employment or service of the detaining authority; or

under a contract of employment or contract for services that governs the employment or engagement of the detaining authority.

In this section:

detrimental action means action causing, comprising or involving any of the following:

injury, damage or loss;

change of the conditions of detention;

change to the treatment of a detainee;

intimidation or harassment;

discrimination, disadvantage or adverse treatment, including in relation to employment;

dismissal from, or prejudice in, employment;

disciplinary proceeding;

unfavourable treatment or proposed unfavourable treatment of a person or relevant organisation in any other way.

relevant organisation means a body that has as 1 of its activities—

promoting the interests of detainees; or

delivering services to detainees.