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TASMANIA
__________
CUSTODIAL INSPECTOR BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purpose of Act
4. Interpretation
PART 2 - CUSTODIAL INSPECTOR
5. Custodial Inspector
6. Functions
7. Independence of Inspector
8. Powers
9. Delegation
10. Appointment of staff
11. Notification of ceasing to be staff of Inspector &c.
PART 3 - INSPECTIONS
12. Mandatory inspections
13. Occasional inspections and reviews
14. Inspection report
15. Inspector, &c., to provide identification
16. Inspector's access to prisoners and detainees
[Bill 35]-IV
17. Inspector, &c., may use recording equipment
18. Reporting on occasional inspections and reviews
19. Opportunity to be heard
20. Recommendations with respect to report
21. Public interest considerations
22. Schedule of inspections
PART 4 - OFFENCES
23. Disclosure of information
24. Offences against Inspector
PART 5 - MISCELLANEOUS
25. Annual report
26. Exemption from Personal Information Protection Act 2004
27. Request by responsible Minister
28. Referral to Ombudsman
29. Sharing information with Ombudsman
30. Inspector may require documents &c.
31. Evidence &c.
32. Protection from liability
33. Protection for provision of information
34. Regulations
35. Administration of Act
36. Consequential Amendments
SCHEDULE 1 - INSPECTOR
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
2
CUSTODIAL INSPECTOR BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
18 August 2016
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to provide for the appointment of a Custodial
Inspector and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Custodial Inspector
Act 2016.
2. Commencement
This Act commences on a day to be proclaimed.
3. Purpose of Act
The purpose of this Act is to provide
independent, proactive, preventative and
[Bill 35] 3
Custodial Inspector Act 2016
Act No. of
s. 4 Part 1 - Preliminary
systemic oversight of custodial centres by the
Custodial Inspector.
4. Interpretation
In this Act, unless the contrary intention
appears -
correctional officer means a correctional
officer within the meaning of the
Corrections Act 1997;
custodial centre means -
(a) a prison within the meaning of
the Corrections Act 1997; and
(b) a detention centre -
but does not include any police station or
court cell complex;
detainee means a person, other than a
prisoner, who is lawfully held in a
custodial centre;
detention centre means a detention centre
within the meaning of the Youth Justice
Act 1997;
Inspector means the Custodial Inspector
appointed under section 5;
mandatory inspection means an inspection
carried out under section 12;
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Act No. of
Part 1 - Preliminary s. 4
occasional inspection and review means an
inspection and review carried out under
section 13;
officer of the Inspector means a person who
is appointed or employed under
section 10 and includes a person to
whom a function or power is delegated in
accordance with section 9(b);
prisoner means a person who is subject to an
order of a court by which he or she is
sentenced to a term of imprisonment and
includes a person declared to be a
dangerous criminal under section 19 of
the Sentencing Act 1997;
public authority has the same meaning as in
the Ombudsman Act 1978;
responsible Minister means -
(a) the Minister responsible for the
custodial centre; or
(b) in the case of services provided in
a custodial centre, or action taken
by a public authority, the
Minister to whom the Department
responsible for the provision of
those services is responsible, or
having administration of that
authority or the enactment under
which the action was taken;
responsible Secretary means -
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Act No. of
s. 4 Part 1 - Preliminary
(a) the Secretary responsible for the
custodial centre; or
(b) in the case of services provided in
a custodial centre, the Secretary
of the Department responsible for
the provision of those services;
Secretary means the Secretary of the
Department;
State Service corrections employee means a
person, other than a correctional officer,
or probation officer, within the meaning
of the Corrections Act 1997, who is
appointed or employed pursuant to
section 5(2) of that Act.
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Act No. of
Part 2 - Custodial Inspector s. 5
PART 2 - CUSTODIAL INSPECTOR
5. Custodial Inspector
(1) The Governor may appoint a person as Custodial
Inspector.
(2) Schedule 1 has effect with respect to the
Inspector and his or her appointment.
6. Functions
(1) The Inspector has the following functions:
(a) to carry out a mandatory inspection of
each custodial centre at least once every
3 years;
(b) to carry out an occasional inspection and
review of any custodial centre at any
time, of his or her own accord or as
requested by the responsible Minister;
(c) to prepare and publish guidelines and
standards in relation to the conduct of
inspections;
(d) to report to the responsible Minister or
Parliament on the various inspections
carried out by the Inspector;
(e) to report to the responsible Minister or
Parliament on any particular issue or
general matter relating to the functions of
the Inspector if, in his or her opinion, it is
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Custodial Inspector Act 2016
Act No. of
s. 6 Part 2 - Custodial Inspector
in the interest of any person or in the
public interest to do so;
(f) to report to Parliament on any particular
issue or general matter relating to the
functions of the Inspector if requested to
do so by either House of Parliament or a
Joint Standing Committee of either
House of Parliament;
(g) to provide an annual report to
Parliament;
(h) to include in any report such advice or
recommendations as the Inspector thinks
appropriate including, but not limited
to -
(i) advice or recommendations
relating to the safety, custody,
care, wellbeing and rehabilitation
of prisoners and detainees; and
(ii) information relating to education
and programs to assist in the
rehabilitation of prisoners and
detainees;
(i) such other functions as may be conferred
or imposed on the Inspector under this or
any other Act.
(2) The Inspector may from time to time amend the
guidelines and standards prepared and published
under subsection (1).
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Act No. of
Part 2 - Custodial Inspector s. 7
7. Independence of Inspector
In performing his or her functions, the Inspector
must act independently, impartially and in the
public interest.
8. Powers
The Inspector has the following powers:
(a) to visit and examine any custodial centre,
and any vehicle, equipment, container or
other thing in a custodial centre, at any
time the Inspector thinks fit;
(b) to obtain full access to all documents,
including health records, that -
(i) are in the possession of a
Department, public authority or
any other body or person
prescribed by the regulations; and
(ii) relate to any custodial centre or
persons in custody or detained, or
residing, at a custodial centre -
and to make copies of, or take extracts
from, those documents or records and to
remove and retain those copies or
extracts;
(c) to obtain information from any persons
in any manner the Inspector considers
appropriate;
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Act No. of
s. 8 Part 2 - Custodial Inspector
(d) to enter and examine any equipment or
container outside a custodial centre
which is used in connection with the
custodial centre, and any vehicle used to
transport prisoners or detainees, at any
time the Inspector thinks fit;
(e) to require any member of the staff of the
custodial centre or other person who
provides services to prisoners or
detainees to -
(i) supply information or produce
documents or other things
relating to any matter, or class of
matters, concerning the custodial
centre's operations; and
(ii) attend before the Inspector to
answer questions or produce
documents or other things
relating to a custodial centre's
operations;
(f) to refer matters relating to a custodial
centre to an appropriate agency for
consideration or action;
(g) to obtain access to, and communicate
with, persons in custody or detained or
residing at a custodial centre;
(h) to do all things necessary or convenient
to be done in connection with the
performance and exercise of his or her
functions and powers under this Act.
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Act No. of
Part 2 - Custodial Inspector s. 9
9. Delegation
The Inspector may delegate any of his or her
functions or powers under this Act, other than
this power of delegation, to -
(a) any officer or employee made available
to enable the Inspector to perform and
exercise his or her functions and powers;
and
(b) a person, or class of persons, prescribed
by the regulations for the purposes of this
section.
10. Appointment of staff
(1) Subject to and in accordance with the State
Service Act 2000, a person may be appointed or
employed for the purposes of enabling the
Inspector to perform and exercise his or her
functions and powers under this Act.
(2) The Inspector may make arrangements with the
Secretary for State Service officers and State
Service employees employed in the Department
to be made available to enable the Inspector to
perform and exercise his or her functions and
powers under this Act.
(3) A State Service officer or State Service
employee made available under subsection (2)
may serve the Inspector in any capacity in
conjunction with State Service employment.
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Act No. of
s. 11 Part 2 - Custodial Inspector
11. Notification of ceasing to be staff of Inspector &c.
If a person ceases to be a member of the staff of
the Inspector, or ceases to be a person to whom a
delegation is given under section 9, the Inspector
is to notify the Secretary of that cessation within
30 days of it occurring.
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Custodial Inspector Act 2016
Act No. of
Part 3 - Inspections s. 12
PART 3 - INSPECTIONS
12. Mandatory inspections
At least once every 3 years the Inspector is to
inspect each custodial centre.
13. Occasional inspections and reviews
In addition to any inspection carried out under
section 12, the Inspector may, at any time and on
any number of occasions, inspect and review any
custodial centre or any aspect of a custodial
centre.
14. Inspection report
(1) The Inspector is to prepare an inspection report
on his or her findings in relation to each
mandatory inspection.
(2) An inspection report may contain such advice or
recommendations as the Inspector considers
necessary or appropriate in relation to the
findings.
(3) As soon as is practicable after the completion of
an inspection report, the Inspector is to deliver a
copy of it to the responsible Minister, who is to
table a copy of the report in each House of
Parliament.
(4) The responsible Minister may prepare a response
to the inspection report and provide it to the
Inspector.
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Act No. of
s. 15 Part 3 - Inspections
15. Inspector, &c., to provide identification
(1) The Secretary is to issue to the Inspector an
identity card.
(2) The Inspector is to issue to each officer of the
Inspector an identity card.
(3) An identity card is to be in a form approved by
the Secretary but it must contain at least the
name and a recent photograph of the person to
whom it is issued.
(4) The Inspector, and an officer of the Inspector,
when performing his or her functions under this
Act, must allow a prisoner, detainee, correctional
officer, State Service corrections employee or
member of staff of a custodial centre to inspect
his or her identity card.
(5) When a person ceases for any reason to hold the
office of Inspector or to be an officer of the
Inspector, the Secretary is to take reasonable
measures to retrieve the person's identity card or
ensure that it has been properly disposed of.
16. Inspector's access to prisoners and detainees
(1) The Inspector is entitled to access to a prisoner
or detainee at all reasonable times.
(2) The person in charge of a custodial centre, each
member of the staff of the custodial centre and
any person providing services in a custodial
centre -
14
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Act No. of
Part 3 - Inspections s. 17
(a) must allow the Inspector to conduct an
interview with a prisoner or detainee, out
of the hearing of any other person; and
(b) must not, without the approval of the
prisoner or detainee, copy, remove or
read any correspondence -
(i) from the prisoner or detainee to
the Inspector; or
(ii) from the Inspector to the prisoner
or detainee.
17. Inspector, &c., may use recording equipment
The Inspector and any officer of the Inspector
may take such photographs, films or audio or
visual recordings as he or she considers
necessary.
18. Reporting on occasional inspections and reviews
(1) The Inspector may, at any time, provide a report
to the responsible Minister on any matter
relating to an occasional inspection and review
and give advice or make recommendations as the
Inspector considers necessary or appropriate in
relation to the matter.
(2) If, at any time after providing a report under
subsection (1), the Inspector considers it
necessary or appropriate to do so, he or she may
table the report in each House of Parliament.
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Act No. of
s. 19 Part 3 - Inspections
(3) The responsible Minister may prepare a response
to the report and provide it to the Inspector.
19. Opportunity to be heard
(1) The Inspector is not to make a report on a
mandatory inspection or an occasional
inspection and review that contains adverse or
derogatory comments in respect of a person
unless the Inspector has given the person a
reasonable opportunity -
(a) to appear before him or her; or
(b) to make representations, either orally or
in writing.
(2) The Inspector is not to make a report on a
mandatory inspection or an occasional
inspection and review that contains adverse or
derogatory comments in respect of the
department responsible for the relevant custodial
centre or the services provided in the custodial
centre, unless -
(a) the Inspector has given the responsible
Secretary, and any relevant officer or
employee of the responsible department,
a reasonable opportunity -
(i) to appear before him or her; or
(ii) to make representations, either
orally or in writing; and
(b) the Inspector has provided a draft of the
report to the responsible Secretary.
16
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Act No. of
Part 3 - Inspections s. 20
(3) If, during or after a mandatory inspection or an
occasional inspection and review, the Inspector
is of the opinion that there is evidence of a
breach of duty or misconduct on the part of the
responsible Secretary or any officer or employee
of a department, and that, in all the
circumstances, the evidence is of sufficient force
to justify his or her doing so, the Inspector is to
bring the evidence -
(a) in the case of the responsible Secretary,
to the notice of the responsible Minister;
and
(b) in any other case, to the notice of the
responsible Secretary.
20. Recommendations with respect to report
(1) The Inspector may make such recommendations
with respect to a report on a mandatory
inspection or an occasional inspection and
review as he or she considers necessary or
appropriate.
(2) If the Inspector makes a recommendation to the
responsible Secretary, he or she may request the
responsible Secretary to notify him or her, within
a specified time, of the steps that have been or
are proposed to be taken to give effect to the
recommendation, or, if no such steps have been
or are proposed to be taken, the reasons why
they have not been taken or, as the case may be,
are not proposed to be taken.
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Act No. of
s. 21 Part 3 - Inspections
(3) Where it appears to the Inspector that no
appropriate steps have been taken within a
reasonable time, he or she may, after considering
any written comments made by or on behalf of
the responsible Secretary to whom the
recommendation was made, send to the Premier
and the responsible Minister a copy of the
recommendation together with a copy of any
such comments.
21. Public interest considerations
(1) The Inspector must not disclose information in a
report to Parliament if, on balance, the public
interest considerations against disclosure
outweigh the public interest considerations in
favour of disclosure.
(2) There are public interest considerations against
disclosure of information for the purposes of this
Act if disclosure of the information could
reasonably be expected to have one or more of
the following effects:
(a) prejudice the supervision of, or facilitate
the escape of, any person in lawful
custody or detention;
(b) prejudice the security, discipline or good
order of any custodial centre;
(c) prejudice national security (within the
meaning of the National Security
Information (Criminal and Civil
Proceedings) Act 2004 of the
Commonwealth);
18
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Act No. of
Part 3 - Inspections s. 22
(d) reveal or tend to reveal the identity of an
informant or prejudice the future supply
of information from an informant;
(e) identify or allow the identification of a
person who is or was detained at a
custodial centre or his or her relative;
(f) endanger, or prejudice any system or
procedure for protecting, the life, health
or safety of any person who is in
custody, or detained or residing at a
custodial centre;
(g) identify or allow the identification of a
member of the staff of the custodial
centre, the Department, a public authority
or any other body or person prescribed
by the regulations, or endanger, or
prejudice any system or procedure for
protecting, the life, health or safety of
such a staff member or other person.
22. Schedule of inspections
The Inspector may publish a schedule of the
dates at which he or she intends to carry out
mandatory inspections or occasional inspections
and reviews.
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Act No. of
s. 23 Part 4 - Offences
PART 4 - OFFENCES
23. Disclosure of information
(1) A person who is or has been the Inspector or an
officer of the Inspector must not, either directly
or indirectly, make a record of, or disclose, any
information that was -
(a) acquired in his or her official capacity;
and
(b) disclosed or obtained under this Act.
Penalty: Fine not exceeding 20 penalty units.
(2) Except as provided in subsections (3) and (4),
subsection (1) does not prevent the making of a
record or the disclosure of information where the
making of the record or the disclosure -
(a) was reasonably required for the proper
discharge of the functions of the
Inspector; or
(b) was done with the approval -
(i) in the case of information given
by an officer of a custodial centre
or of a department which
provides a service at a custodial
centre - of the responsible
Secretary or the responsible
Minister; or
(ii) in the case of information given
by a member of a public
20
Custodial Inspector Act 2016
Act No. of
Part 4 - Offences s. 23
authority - of the governing body
of the authority or the responsible
Minister; or
(iii) in any other case - of the person
by whom the information was
given (but only if that person is
entitled or authorised to give the
information).
(3) Subsection (1) does not prevent the Inspector
from giving information relating to a matter
arising wholly or partly under the law of another
Commonwealth jurisdiction to a person
performing in that jurisdiction functions similar
to those performed by the Inspector under this
Act.
(4) Subsection (1) does not prevent the disclosure of
information to the Integrity Commission,
coroner or Auditor-General if the information is
relevant to the performance or exercise by the
Integrity Commission, coroner or Auditor-
General, respectively, of its, his or her functions
or powers.
(5) A person who is or has been the Inspector or an
officer of the Inspector must not, in proceedings
before a court, or before a person authorised by
law, or by consent of parties, to hear, receive,
and examine evidence, be compelled to disclose
information that was -
(a) acquired in his or her official capacity;
and
(b) disclosed or obtained under this Act.
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Act No. of
s. 24 Part 4 - Offences
(6) A person must not use any information disclosed
or obtained under this Act for his or her benefit
or the benefit of any other person.
Penalty: Fine not exceeding 50 penalty units.
(7) In this section -
(a) a reference to information includes a
reference to the contents of a record; and
(b) a reference to the disclosure of
information includes a reference to the
delivery or giving to a person of that
record or a copy of it or of any part of it.
24. Offences against Inspector
A person must not -
(a) without reasonable excuse, wilfully
obstruct, hinder, resist or threaten the
Inspector, or an officer of the Inspector,
in the performance of functions under
this Act; or
(b) without reasonable excuse, refuse, or
wilfully fail, to comply with any lawful
requirement of the Inspector or an officer
of the Inspector; or
(c) wilfully make any false statement to
mislead, or attempt to mislead, the
Inspector or an officer of the Inspector.
Penalty: Fine not exceeding 50 penalty units.
22
Custodial Inspector Act 2016
Act No. of
Part 5 - Miscellaneous s. 25
PART 5 - MISCELLANEOUS
25. Annual report
(1) The Inspector is required to table in each House
of Parliament, within the period of 4 months
after 30 June in each year, a report of the
Inspector's operations during the year ended on
that 30 June.
(2) A report by the Inspector under this section must
include the following:
(a) a description of the Inspector's activities
during that year in relation to each of the
Inspector's principal functions;
(b) an evaluation of the response of relevant
authorities to the recommendations of the
Inspector;
(c) any recommendations for changes in the
laws of the State, or for administrative
action, that the Inspector considers
should be made as a result of the
performance of the Inspector's functions.
26. Exemption from Personal Information Protection
Act 2004
A person who is a personal information
custodian, within the meaning of the Personal
Information Protection Act 2004, is not taken to
have contravened that Act by reason of
collecting, using, disclosing or otherwise dealing
with information for the purposes of this Act.
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Act No. of
s. 27 Part 5 - Miscellaneous
27. Request by responsible Minister
(1) The responsible Minister may bring a matter to
the attention of the Inspector and request that the
Inspector carry out an inspection of a custodial
centre in respect of the matter.
(2) A request under subsection (1) is to be in
writing.
28. Referral to Ombudsman
(1) If the Inspector considers that a matter raised by,
or during the course of, a mandatory inspection
or an occasional inspection and review should be
investigated by the Ombudsman or another
person or a body that has functions under any
law of Tasmania, another State, a Territory or
the Commonwealth, the Inspector may refer the
matter to the Ombudsman, or other person or
body (as the case requires) for investigation.
(2) The Inspector's powers to inspect or review, or
report on, a matter are not affected by the matter
having been referred under subsection (1) for
investigation.
29. Sharing information with Ombudsman
The Inspector may, at any time, furnish to the
Ombudsman information obtained by the
Inspector in performing functions under this or
any other Act if the Inspector is of the opinion
that the information relates to conduct that could
24
Custodial Inspector Act 2016
Act No. of
Part 5 - Miscellaneous s. 30
be the subject of a complaint under the
Ombudsman Act 1978.
30. Inspector may require documents &c.
The Inspector may, by notice served on a person,
require that person to produce to the Inspector,
or a person designated by the Inspector, any
document or thing in that person's possession or
control which the Inspector considers relevant to
a mandatory inspection or an occasional
inspection and review.
31. Evidence &c.
(1) The Crown is not entitled to prevent or obstruct
records from being produced, or evidence from
being given, for the purpose of a mandatory
inspection or an occasional inspection and
review under this Act notwithstanding that it
would be so entitled if the inspection or review
were a legal proceeding held before a court.
(2) A person is not excused from giving
information, or producing a record or answering
a question, when required to do so under this Act
on the ground that to do so would disclose legal
advice furnished to a government department or
other authority to which this Act applies.
32. Protection from liability
(1) Anything done or omitted to be done, in good
faith, by the Inspector or an officer of the
25
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Act No. of
s. 33 Part 5 - Miscellaneous
Inspector does not subject the Inspector or
officer to any action, liability, claim or demand.
(2) The Inspector, or an officer of the Inspector,
does not incur any personal liability in respect of
any act done or omitted to be done by the
Inspector or officer in good faith in the
performance or exercise, or purported
performance or exercise, of any function or
power under this Act.
(3) A civil liability that would, but for this section,
attach to the Inspector or an officer of the
Inspector attaches to the Crown.
33. Protection for provision of information
A person who provides information under this
Act does not by doing so -
(a) commit an offence under a provision of
any other Act that imposes a duty to
maintain confidentiality with respect to a
matter or any other restriction on the
disclosure of information; or
(b) breach an obligation by way of oath or
rule of law or practice or under an
agreement requiring him or her to
maintain confidentiality or otherwise
restricting the disclosure of information
with respect to a matter.
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Act No. of
Part 5 - Miscellaneous s. 34
34. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may -
(a) provide that a contravention of, or a
failure to comply with, any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 20
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 2 penalty units for each day
during which the offence continues.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Inspector or any other person or
body specified in the regulations.
35. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Corrections; and
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Act No. of
s. 36 Part 5 - Miscellaneous
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
36. Consequential Amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
28
Custodial Inspector Act 2016
Act No. of
sch. 1
SCHEDULE 1 - INSPECTOR
Section 5
1. Interpretation of Schedule
In this Schedule -
accumulation scheme means the Tasmanian
Accumulation Scheme established under
the Public Sector Superannuation Reform
Act 1999;
complying superannuation scheme means a
complying superannuation fund as
provided by the law of the
Commonwealth;
contributory scheme means the
superannuation arrangements provided
by Part 5 of the Retirement Benefits
Regulations 2005;
Parliament includes the Parliament of the
Commonwealth or of any State or
Territory;
RSA means a Retirement Savings Account
within the meaning of the Retirement
Savings Accounts Act 1997 of the
Commonwealth.
2. Eligibility for appointment
(1) A person must not be appointed as, or carry out
the role of, Inspector if he or she -
29
Custodial Inspector Act 2016
Act No. of
sch. 1
(a) is, or becomes, a member of a House of
Parliament; or
(b) is, or becomes, a candidate for election as
a member of a House of Parliament; or
(c) has, within the previous 3 years, been a
member of a House of Parliament.
(2) A person may hold office as Inspector in
conjunction with the office of Ombudsman
under the Ombudsman Act 1978.
3. Acting Inspector
(1) In this clause, the Inspector is absent if he or
she -
(a) is absent from duty; or
(b) is absent from Australia; or
(c) is suspended from the office of Inspector;
or
(d) is otherwise unable to perform the
functions of that office.
(2) The Minister may appoint a person to act as
Inspector during any or every period during
which the Inspector is absent.
(3) While a person appointed under subclause (2) is
acting as Inspector -
(a) that person is taken to be the Inspector;
and
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(b) this Act and any other Act applies to that
person as if he or she were the Inspector.
4. Term of office
The Inspector holds office for such term, not
exceeding 5 years, as is specified in the
instrument of appointment and may be
reappointed.
5. Conditions of appointment
(1) The Inspector is entitled to be paid the
remuneration and allowances determined by the
Governor from time to time.
(2) If a State Service officer or State Service
employee is appointed as Inspector, that officer
or employee is entitled to retain all his or her
existing and accruing rights as if service as
Inspector were a continuation of service as such
an officer or employee.
(3) Where a person ceases to be Inspector and
becomes a State Service officer or State Service
employee, service as Inspector is service in the
State Service for the purposes of determining his
or her rights as such an officer or employee.
(4) The Inspector holds office on such conditions in
relation to matters not provided for by this Act
as are specified in the instrument of
appointment.
(5) Where a person is appointed as Inspector -
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(a) he or she is not eligible to become a
member of the contributory scheme; and
(b) the application of the Public Sector
Superannuation Reform Act 1999
extends to the Inspector as if he or she
were an employee for the purposes of
that Act; and
(c) subject to subclause (6), he or she is to be
a member of the accumulation scheme.
(6) The Inspector may elect by notice in writing
given to the Secretary, either before or after
commencing the duties of that office, to become
a member of an RSA or a complying
superannuation scheme other than the
accumulation scheme.
(7) If the Inspector has become a member of an
RSA or a complying superannuation scheme that
is not the accumulation scheme, he or she may
elect at any time while holding office as the
Inspector to become a member of the
accumulation scheme.
(8) The Inspector is entitled to employer
superannuation contributions at the rate specified
in the Public Sector Superannuation Reform Act
1999.
(9) Subclauses (5), (6), (7) and (8) do not apply to a
person who, immediately before his or her
appointment as Inspector, was a contributor to
the contributory scheme.
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6. Resignation
The Inspector may resign by signed notice given
to the Governor.
7. Suspension
(1) The Governor may suspend the Inspector from
office if the Governor is satisfied that the
Inspector -
(a) is physically or mentally incapable of
continuing as Inspector; or
(b) is unable to perform adequately or
competently the functions of the office of
Inspector; or
(c) has been convicted, in Tasmania or
elsewhere, of an offence punishable by a
term of imprisonment; or
(d) has become bankrupt, applied to take the
benefit of the law for the relief of
bankrupt or insolvent debtors,
compounded with creditors or made an
assignment of his or her remuneration or
estate for their benefit; or
(e) has engaged in misconduct.
(2) Where the Inspector has been suspended from
office, the Inspector is restored to office if -
(a) a statement specifying the reasons for the
suspension is not laid before each House
of Parliament during the first 7 sitting-
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days of that House following the
suspension; and
(b) each House of Parliament does not pass
an address praying for the removal of the
Inspector from office during the session
in which, and within 30 sitting-days
after, such a statement is laid before it.
8. Removal from office
(1) The Governor, on addresses from both Houses of
Parliament, may remove the Inspector from
office.
(2) The Inspector may not be removed from office
except as provided in subclause (1).
9. Filling a vacancy
(1) The Inspector vacates office if he or she -
(a) dies; or
(b) resigns; or
(c) is removed from office under clause 8.
(2) The Governor may appoint a person to the
vacant office of Inspector for the remainder of
the Inspector's term of office.
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10. Defect does not invalidate appointment
An appointment of a person as Inspector is not
invalid merely because of a defect or irregularity
in relation to the appointment.
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SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 36
Commissioner for Children and Young People Act 2016
1. Section 17(2) is amended by inserting "or the
Custodial Inspector appointed under section 5 of
the Custodial Inspector Act 2016" after
"Ombudsman".
Commissions of Inquiry Act 1995
1. Section 7A is amended by inserting
"section 23(1) of the Custodial Inspector
Act 2016," after "Personal Information
Protection Act 2004,".
Corrections Act 1997
1. Section 3 is amended as follows:
(a) by inserting the following definition after
the definition of correctional officer:
Custodial Inspector means the
Custodial Inspector appointed
under section 5 of the Custodial
Inspector Act 2016;
(b) by inserting the following definition after
the definition of non-parole period:
officer of the Inspector means a
person who is appointed or
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employed under section 10 of the
Custodial Inspector Act 2016;
2. Section 8(1) is amended by inserting after
paragraph (c) in the definition of confidential
information the following paragraph:
(ca) information given to the Custodial
Inspector for the purposes of the
Custodial Inspector Act 2016; or
3. Section 11(1) is amended by inserting after
paragraph (c) the following paragraph:
(ca) the Custodial Inspector or an officer of
the Inspector;
4. Section 29(1)(l) is amended by inserting "or the
Custodial Inspector or an officer of the
Inspector" after "of the Ombudsman".
Ombudsman Act 1978
1. Section 3(1) is amended by inserting after the
definition of conciliator the following definition:
Custodial Inspector means the Custodial
Inspector appointed under section 5 of
the Custodial Inspector Act 2016;
2. Section 5(7) is amended by inserting ", the
Custodial Inspector Act 2016" after "this Act".
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3. Section 26 is amended by inserting after
subsection (3A) the following subsection:
(3B) Subsection (1) does not prevent the
disclosure of information to the Custodial
Inspector if the information is relevant to
the performance or exercise by the
Custodial Inspector of his or her
functions or powers.
Public Interest Disclosures Regulations 2013
1. Regulation 10 is amended by inserting after
paragraph (b) the following paragraph:
(ba) the office of Custodial Inspector referred
to in section 5 of the Custodial Inspector
Act 2016;
Right to Information Act 2009
1. Section 5(1) is amended by inserting after the
definition of council-owned company the
following definition:
Custodial Inspector means the Custodial
Inspector appointed under section 5 of
the Custodial Inspector Act 2016;
2. Section 6(1) is amended by inserting after
paragraph (j) the following :
(ja) the Custodial Inspector;
Youth Justice Act 1997
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1. Section 3(1) is amended by inserting after the
definition of Court the following definition:
Custodial Inspector means the Custodial
Inspector appointed under section 5 of
the Custodial Inspector Act 2016;
2. Section 167A(1) is amended by inserting "the
Custodial Inspector or" after "information to".
Government Printer, Tasmania 39