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

The NPM may do the following with a report prepared under section 8Q:

give the report to a responsible entity for the place of detention mentioned in the report;

publish the report;

give the report to the Speaker to table in the Legislative Assembly;

give the report to any other entity.

However, before the NPM does a thing mentioned in subsection (1) (b), (c) or (d), the NPM must do the things mentioned in section 8Q (2) and (3) with—

each responsible entity mentioned in the report; and

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

any other responsible entity prescribed by regulation.

Note If the report contains an adverse comment in relation to an entity the NPM must also give the entity a reasonable opportunity to respond to the proposed comment (see s 8V).

If the Legislative Assembly is sitting when the NPM gives a report to the Speaker, the Speaker must present the report to the Legislative Assembly within 5 sitting days after receiving the report.

If the Legislative Assembly is not sitting when the NPM gives the report to the Speaker—

the report is taken to have been presented to the Legislative Assembly on the day the NPM gives it to the Speaker (the report day); and

the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the report day; and

the Speaker must present the report to the Legislative Assembly—

on the next sitting day; or

if the next sitting day is the first meeting of the Legislative Assembly after a general election of members of the Assembly—on the second sitting day after the election.

In this section:

Speaker includes—

if the Speaker is unavailable—the Deputy Speaker; and

if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.

unavailable—the Speaker or Deputy Speaker is unavailable if—

they are absent from duty; or

there is a vacancy in the office of Speaker or Deputy Speaker.

Division 1A.5 Information secrecy and sharing