Inspector of Detention Services Bill 2021 (Qld)

An Act to provide for an inspector of detention services, and to amend this Act, the Corrective Services Act 2006, the Crime and Corruption Act 2001, the Hospital and Health Boards Act 2011, the Mental Health Act 2016, the Ombudsman Act 2001, the Parliament of Queensland Act 2001 and the Youth Justice Act 1992 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Inspector of Detention Services Act 2021.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Main purpose (1) The main purpose of this Act is to promote the improvement of detention services and places of detention with a focus on— (a) promoting and upholding the humane treatment of detainees, including humane conditions of their detention; and (b) preventing detainees from being subjected to harm, including torture and cruel, inhuman or degrading treatment. (2) The main purpose is to be achieved by providing a framework for— (a) the review of detention services and inspection of places of detention; and (b) independent and transparent reporting.

4 Definitions The dictionary in schedule 1 defines particular words used in this Act.

5 Meaning of detention service (1) Each of the following is a detention service— (a) the operation, management, direction, control or security of a place of detention; (b) the security, management, control, safety, care or wellbeing (including health care and education) of a detainee at a place of detention; (c) the transport of a detainee while in the custody of a relevant custodial entity— (i) from any place of detention; or (ii) to a place of detention other than a watch-house; or (iii) to a watch-house from a court in which the detainee has appeared or another watch-house or place of detention. (2) However, a detention service does not include the transport of a person by an authorised person under the Mental Health Act 2016, section 359 between a place of detention and an authorised mental health service or public sector health service facility for the purposes of that Act. (3) In this section— authorised mental health service see the Mental Health Act 2016, schedule 3. public sector health service facility see the Mental Health Act 2016, schedule 3.