Barrister AI
All legislation
ACTAct
In force
This is the latest official compilation.Check the official source →
s 8Q

Treatment of detainees in places of detention—preparation of report

In force
Part 1AACT National Preventive Mechanism
Division 1A.4Recommendations and reporting about treatment of detainees in places of detention

8Q Treatment of detainees in places of detention—preparation of report

(1)

Following an examination of the treatment of detainees in a place of detention under division 1A.3, the NPM may prepare a report about the following:

(a)

the examination;

(b)

any recommendation or observation made under section 8P in relation to the examination;

(c)

any steps that have been or are proposed to be taken in relation to the recommendation or observation made under section 8P.

(2)

The NPM may give a copy of the draft report to any responsible entity for the place of detention.

(3)

If the NPM gives a copy of the draft report to a responsible entity, the NPM—

(a)

may invite the entity to give comments on the copy of the draft report within a reasonable period; and

(b)

must consider any comments given by the entity under paragraph (a).

(4)

The NPM may also give a copy of the draft report or a copy of part of the draft report to any other entity the NPM is satisfied has a direct interest in the draft report.

(5)

However, if the NPM gives a copy of the draft report or a copy of part of the draft report to an entity that is a non-public sector entity under subsection (4), the NPM must first do the things mentioned in subsections (2) and (3) with—

(a)

each responsible entity mentioned in the report; and

(b)

each responsible entity that is, or is likely to be, directly affected by the report; and

(c)

any other responsible entity prescribed by regulation.

Note Power to make a regulation includes power to make different provision in relation to different matters or different classes of matters, and to make a regulation that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(6)

In this section:

non-public sector entity—see the Auditor-General Act 1996, section 13B.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.

Section 8Q — Treatment of detainees in places of detention—preparation of report — Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018 (Australian Capital Territory) — Barrister AI