Inspector of Detention Services Act 2022

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.