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ACTAct
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s 8U

Referral to investigative entity

In force
Part 1AACT National Preventive Mechanism
Division 1A.5Information secrecy and sharing

8U Referral to investigative entity

(1)

This section applies if the NPM reasonably believes that a matter raised by, or in the course of, the exercise of its functions can be more appropriately dealt with by another investigative entity or an official visitor.

(2)

The NPM may decide to refer the matter together with any relevant documents, information or other things in the NPM’s possession or control, to an investigative entity or an official visitor.

(3)

However, the referral must not include identifying information about an individual unless—

(a)

the individual has given consent; or

(b)

the NPM is satisfied that referring the matter is necessary and reasonable in the public interest.

(4)

Nothing in this section requires the investigative entity or official visitor to deal with the referred matter.

(5)

The NPM may enter into arrangements with an investigative entity or an official visitor about the referral of matters under this section.

(6)

In this section:

identifying information—see section 8S (7).

matter includes part of a matter.

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Section 8U — Referral to investigative entity — Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018 (Australian Capital Territory) — Barrister AI