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s 15

Carrying out review or inspection

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Part 2Inspector of detention services
Division 3Powers

15 Carrying out review or inspection

(1)

For carrying out a review of a detention service provided for a place of detention or an inspection of a place of detention, the inspector may—

(a)

inspect or film—

(i)

any part of the place of detention; or

(ii)

any vehicle, equipment or other thing used for providing the detention service; and

(b)

speak to, or privately interview—

(i)

a detainee; or

(ii)

a person involved in providing a detention service for the place of detention; orExamples of types of persons for subparagraph (ii)—

• a health worker providing a health service to a detainee

• a contractor providing an educational service to a detainee

(iii)

for a place of detention that is a community corrections centre, prison or work camp—an official visitor who is assigned to visit the place of detention under the Corrective Services Act 2006, section 286; or

(iv)

another person at the place of detention; and

(c)

inspect any document relating to—

(i)

a detainee at the place of detention; or

(ii)

a person who was a detainee at the place of detention; or

(iii)

the provision of a detention service for the place of detention; and

(d)

inspect any document or other thing required to be kept by the responsible officer for the place of detention; and

(e)

take an extract from, or copy, a document that may be inspected under paragraph (c) or (d) and remove and keep the extract or copy; and

(f)

produce an image or writing from an electronic document that may be inspected under paragraph (c) or (d); and

(g)

take to, into or onto the place of detention a person mentioned in section 9 or 38 to help the inspector carry out the review or inspection and enable the person to give the help as arranged with the inspector; and

(h)

take to, into or onto the place of detention and use any person, equipment or other thing the inspector reasonably requires for exercising the inspector’s powers under this section; andExamples of types of equipment for paragraph (h)—

• a camera

• a recording device

• a document scanner

• an electronic device including software for helping a detainee communicate with the inspector

(i)

remain at the place of detention for the time necessary to carry out the review or inspection.

(2)

Subsection (1)(b)(ii) or (iii) does not prevent the inspector from speaking to a person mentioned in the subparagraph at a place other than the place of detention.

(3)

In this section—

film includes photograph, videotape and record an image in another way.

privately interview, a person, means to speak to the person in the absence of, and out of the hearing of, anyone else other than someone who is present with the person’s consent.

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