Inspector of Detention Services Act 2022

This Act may be cited as the Inspector of Detention Services Act 2022.

This Act commences on a day to be fixed by proclamation.

The main purpose of this Act is to promote the improvement of detention services and places of detention with a focus on—

promoting and upholding the humane treatment of detainees, including humane conditions of their detention; and

preventing detainees from being subjected to harm, including torture and cruel, inhuman or degrading treatment.

The main purpose is to be achieved by providing a framework for—

the review of detention services and inspection of places of detention; and

independent and transparent reporting.

The dictionary in schedule 1 defines particular words used in this Act.

Each of the following is a detention service—

the operation, management, direction, control or security of a place of detention;

the security, management, control, safety, care or wellbeing (including health care and education) of a detainee at a place of detention;

the transport of a detainee while in the custody of a relevant custodial entity—

from any place of detention; or

to a place of detention other than a watch-house; or

to a watch-house from a court in which the detainee has appeared or another watch-house or place of detention.

However, a detention service does not include the transport of a person by an authorised person under the Mental Health Act 2016, section 359 between a place of detention and an authorised mental health service or public sector health service facility for the purposes of that Act.

In this section—

authorised mental health service see the Mental Health Act 2016, schedule 3.

public sector health service facility see the Mental Health Act 2016, schedule 3.

Each of the following is a place of detention—

a community corrections centre;

a prison;

a watch-house;

a work camp;

a youth detention centre.

There is to be an inspector of detention services.

The inspector is an officer of the Parliament.

The functions of the inspector are—

to review or monitor a detention service at any time; and

to inspect a place of detention at any time; and

without limiting paragraph (b)—

to inspect each youth detention centre at least once every year; and

to inspect each prison that is a secure facility at least once every 5 years; and

to inspect all or a part of a particular place of detention prescribed by regulation at least once every 5 years; and

to prepare and publish standards in relation to carrying out inspections; and

to report to the Legislative Assembly on—

each review carried out by the inspector; and

each inspection carried out by the inspector under paragraph (c); and

other inspections carried out by the inspector, as the inspector considers appropriate; and

to report to the Legislative Assembly on any matter relating to the functions of the inspector if, in the inspector’s opinion, it is in the interest of any person or in the public interest to do so; and

to include in any report to the Legislative Assembly advice or recommendations the inspector considers appropriate about a detention service or place of detention; and

any other functions conferred on the inspector under this Act or any other Act.

In carrying out a review or inspection mentioned in subsection (1)(a), (b) or (c), the inspector must have regard to the cultural background or vulnerability of detainees to whom the review or inspection is relevant.

The inspector may perform any function on the inspector’s own initiative.

The inspector may, but is not required to, perform a function mentioned in subsection (1)(a), (b), (d), (e)(iii), (f), (g) or (h) at the request of—

the Minister; or

a responsible Minister in relation to a relevant matter of interest for the Minister.

In this section—

secure facility see the Corrective Services Act 2006, schedule 4.

This section applies if—

the inspector is carrying out a review of a detention service or an inspection of a place of detention; and

the review or inspection is relevant to a detainee.

The inspector must, if appropriate and practicable, arrange for a person, whom the inspector considers is a suitable person, to help the inspector carry out the review or inspection.

Without limiting subsection (2), in considering who is a suitable person for the subsection, the inspector may have regard to—

the cultural background or vulnerability of the detainee; or

any views or wishes expressed by the detainee about who may be a suitable person to help the inspector carry out the review or inspection.

Examples of arranging for suitable persons for subsections (2) and (3)—

1 For a review relating to a detainee with a disability, it may be appropriate for the inspector to consult with a parent, legal guardian or close friend of the detainee or a representative from an advocacy services agency whom the inspector considers can help the detainee communicate the detainee’s views or wishes relevant to the review.

2 For an inspection involving interviewing a detainee who is unable to speak with reasonable fluency in English, it may be appropriate for the inspector to engage an interpreter who can communicate with the detainee to translate during the interview.

Subsection (5) applies if the review or inspection relates to a detainee who identifies as an Aboriginal person or Torres Strait Islander.

Without limiting subsection (2), the inspector must arrange for an appropriate representative for the detainee to help the inspector carry out the review or inspection.

Subsection (7) applies if the review or inspection relates to the detention of a child.

Without limiting subsection (2), the inspector must arrange for a person whom the inspector considers has appropriate expertise in the areas of child trauma and the prevention and identification of child sexual abuse to help the inspector carry out the review or inspection.

In this section—

appropriate representative, for a detainee who identifies as an Aboriginal person or Torres Strait Islander, means a person who—

identifies as an Aboriginal person or Torres Strait Islander; and

has appropriate authority to speak about Aboriginal tradition or Island custom in relation to the detainee.

arrange, for a person to help carry out a review or inspection, includes—

engage the person to help carry out the review or inspection; and

consult with the person about a matter relevant to the review or inspection.

trauma includes—

trauma related to—

sexual abuse or suspected sexual abuse; or

violent crime; or

domestic violence; or

neglect; and

suspected trauma.

Subject to any other Act or law, the inspector is not subject to direction by any person about the way the inspector performs the inspector’s functions under this Act.

The inspector has the power to do all things that are necessary or convenient to be done for or in connection with the performance of the inspector’s functions under this Act.

Without limiting subsection (1), the inspector has the other powers given to the inspector under this Act or another Act.

This section applies if the inspector—

is carrying out a review of a detention service or has carried out, or proposes to carry out, an inspection of a place of detention; and

believes a person can give information relevant to the review or inspection.

The inspector may, by notice given to the person, require the person to do either or both of the following—

give the inspector the information within a stated reasonable time and in a stated reasonable way;

if the person is employed or engaged to provide a detention service for a place of detention—

attend before the inspector at a stated reasonable place and time; and

answer questions relevant to the review or inspection the inspector reasonably requires to be answered.

A person of whom a requirement is made under subsection (2) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

It is not a reasonable excuse for the person to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

See, however, section 49.