Northern Territory Numbered Acts

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MONITORING OF PLACES OF DETENTION (OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE) ACT 2018 (NO 18 OF 2018) - SECT 12

Access to information

    (1)     The responsible Minister and detaining authority for a place of detention to which the Subcommittee requests access must ensure that the Subcommittee and any accompanying experts are provided with all relevant information that is requested by the Subcommittee for the purpose of evaluating the needs and measures that should be adopted to strengthen, if necessary, the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment.

    (2)     A detaining authority for a place of detention must, at the request of the Subcommittee and in accordance with Ministerial arrangements, permit the Subcommittee to have unrestricted access to the following information in relation to the place of detention:

    (a)     the number of detainees in the place of detention;

    (b)     the treatment of detainees at the place of detention;

    (c)     the conditions of detention applying to detainees in the place of detention.

    (3)     The responsible Minister must, at the request of the Subcommittee, permit the Subcommittee to have unrestricted access to information on:

    (a)     the number of places of detention; and

    (b)     the location of the places of detention.

    (4)     Access to which the Subcommittee is entitled under this section includes the right to inspect any record that is under the control of the responsible Minister or a detaining authority, or production of which the responsible Minister or detaining authority may, in an official capacity, reasonably require.

    (5)     A provision of any Act or other law that restricts or denies access to records does not prevent the responsible Minister or detaining authority from complying with this section.

    (6)     In this section:

"record" means any document or other source of information compiled, recorded or stored in written form or on film, or by electronic process, or in any other manner or by any other means.



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