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

The Executive may make regulations for this Act.

Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Before a regulation may be made to prescribe an entity of the NPM under section 8C (2)—

the Minister must give public notice of the proposed regulation and invite public submissions about it; and

the Executive must consider any written submissions received in accordance with the public notice.

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 Act

 chief police officer

 child

 Commonwealth

 correctional centre

 detention place

 entity

 exercise

 function

 notifiable instrument (see s 10)

 official visitor

 penalty unit (see s 133)

 person (see s 160)

 public notice

 territory law

 the Territory.

Commonwealth Ombudsman, for part 1A (ACT National Preventive Mechanism)—see section 8B.

custodial inspector, for part 1A (ACT National Preventive Mechanism)—see section 8B.

deprivation of liberty––see the Optional Protocol, article 4 (2).

Note Deprivation of liberty is defined in that article as meaning any form of detention, imprisonment or placement of a person in a public or private custodial setting which the person is not permitted to leave at will by order of any judicial, administrative or other authority.

detainee means a person in a place of detention who is deprived of their liberty.

detaining authority, for a place of detention––see section 6.

disclose includes communicate or publish.

expert means an expert selected in accordance with the Optional Protocol, article 13 (3).

information means information, whether true or not, in any form and includes an opinion and advice.

investigative entity, for part 1A (ACT National Preventive Mechanism)—see section 8B.

Ministerial arrangements––see section 10.

NPM means the ACT National Preventive Mechanism established under section 8C.

NPM coordinator, for part 1A (ACT National Preventive Mechanism)—see section 8B.

Optional Protocol means the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 18 December 2002, as amended and in force for Australia from time to time.

Note The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, is accessible at www.ohchr.org.

place of detention––see section 7.

produce includes allow access to.

responsible director-general, for a place of detention, means—

the director-general responsible for administering an Act, or part of an Act, conferring functions on, or regulating the exercise of functions by, a detaining authority for the place; or

if no Act confers functions on, or regulates the exercise of functions by, a detaining authority for the place—the director‑general prescribed by regulation for the place; or

in any other case—the director-general responsible for administering this Act.

responsible entity, for a place of detention—see section 6A (1).

responsible Minister, for a place of detention, means—

the Minister administering an Act, or part of an Act, conferring functions on, or regulating the exercise of functions by, a detaining authority for the place; or

if no Act confers functions on, or regulates the exercise of functions by, a detaining authority for the place—the Minister prescribed by regulation for the place; or

in any other case—the Minister responsible for administering this Act.

staff of the NPM, for part 1A (ACT National Preventive Mechanism)—see section 8B.

subcommittee means the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture, established in accordance with the Optional Protocol, part II.