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 4

Meaning of place of detention

    (1)     A "place of detention" means any place that the Subcommittee must be allowed to visit under Article 4 of the Optional Protocol that is subject to the jurisdiction and control of the Territory.

Note for subsection (1)

Under Article 4 of the Optional Protocol the Subcommittee may visit any place under the Territory's jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence.

    (2)     Without limiting subsection (1), any of the following places that are subject to the jurisdiction and control of the Territory and in which persons are involuntarily deprived of their liberty are places of detention for the purposes of this Act:

    (a)     a correctional centre, prison, detention centre or other similar place (however described);

    (b)     a part of a facility:

        (i)     at which health services are provided; and

        (ii)     where a person may be held under restraint or in seclusion or isolation;

    (c)     a police station or court cell complex;

    (d)     a vehicle used or operated to convey detainees.

Examples for subsection (2)(b)

1     An isolation area declared under section 17 of the Notifiable Diseases Act.

2     An approved treatment facility as defined in section 4 of the Mental Health and Related Services Act.



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