Inspector of Detention Services Act 2022

This section applies if the inspector suspects on reasonable grounds—

there is, or has been, a serious risk to the security, management, control, safety, care or wellbeing of a detainee at a place of detention (a relevant matter); or

a detainee is being, or has been, subjected to torture or cruel, inhuman or degrading treatment at a place of detention (also a relevant matter).

The inspector must give the responsible officer for the place of detention a notice stating—

that the inspector proposes to refer the relevant matter to a stated responsible Minister (the relevant responsible Minister); and

details of the facts and circumstances of the relevant matter; and

that the responsible officer must, within a stated period of at least 3 days (the show cause period), show why the inspector should not refer the relevant matter to the relevant responsible Minister.

The responsible officer for the place of detention must, within the show cause period, make oral or written submissions or provide evidence about the relevant matter.

The inspector must consider any submissions made or evidence provided under subsection (3).

After the show cause period has finished, the inspector may—

decide to take no further action about the proposed referral; or

if the inspector still has a reasonable suspicion about the relevant matter—refer the relevant matter to the relevant responsible Minister.

The inspector must give the responsible officer for the place of detention notice of the decision under subsection (5).

If the inspector refers the relevant matter to the relevant responsible Minister under subsection (5)(b), the inspector must give advice or make recommendations to the relevant responsible Minister, as the inspector considers appropriate, about the relevant matter.

In this section—

detainee includes a former detainee.