Investigation of alleged incident at detention centre
169A Investigation of alleged incident at detention centre
The chief executive officer may authorise an internal investigation into an alleged incident in a detention centre.
The chief executive officer may specify that an internal investigation may be carried out by a particular person, or a person who occupies a particular position or a position within a class of positions in the Department.
An alleged incident may relate to a non‑detainee as well as to a detainee.
An authorised person may require a custodial officer to —
attend an interview at a time nominated by the authorised person; and
provide all information known by that person that relates to the alleged incident; and
declare any direct or indirect interest related to the alleged incident that the person has or acquires, that conflicts or may conflict with the person’s duties.
A custodial officer who does not comply with a requirement under subsection (4) commits an offence.
Penalty: $500.
Despite subsection (5), a person is not required, under the authority of this section, to provide any information or declare any interest that might tend to incriminate the person, and before any person is questioned under this section the authorised person must advise the person accordingly.
In this section —
authorised person means a person authorised to conduct an internal investigation into an alleged incident in a detention centre under subsection (2).
[Section 169A inserted: No. 58 of 2004 s. 37; amended: No. 29 of 2014 s. 22.]
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