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

This section applies if the NPM visits a place of detention to inspect the place of detention.

A responsible entity for a place of detention must ensure that the NPM is given unrestricted access to the following:

all parts of the place of detention;

any vehicle or equipment used in the place of detention;

all documents or other things in the place of detention that the NPM reasonably believes it requires access to in examining the treatment of detainees in the place.

However, a responsible entity for the place of detention may refuse access by the NPM to all or part of a place of detention—

on 1 or more of the following grounds:

national security;

a risk to public safety;

a natural disaster;

a serious disorder in the place of detention; and

only if the circumstances of the grounds mentioned in paragraph (a)—

are urgent and compelling; and

temporarily prevent access by the NPM.

The existence of a state of emergency is not in itself a reason for a refusal under subsection (3).

A refusal under subsection (3) must—

be made in writing; and

include a statement of reasons for the refusal; and

if practicable and reasonable, set out when the access will be allowed.

In this section:

state of emergency means—

a state of emergency declared under the Emergencies Act 2004, section 156; or

an emergency declared under the Public Health Act 1997, section 119.