Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022 (Qld)

An Act to provide for the monitoring of places of detention under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and to amend this Act, the Corrective Services Act 2006 and the Youth Justice Act 1992 for related purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2022.

2 Main purposes The main purposes of this Act are— (a) to facilitate visits to places of detention by the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for the purposes of the subcommittee's mandate under the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (b) to provide for the subcommittee to be given access to information for the purposes of the subcommittee's functions under the Optional Protocol; and (c) to provide for necessary safeguards to enable detaining authorities to preserve privacy, security, good order, welfare and safety in places of detention during visits by the subcommittee.

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

4 Meaning of place of detention (1) A place of detention means— (a) a community corrections centre, prison or work camp under the Corrective Services Act 2006; or (b) a detention centre under the Youth Justice Act 1992; or (c) an inpatient unit of an authorised mental health service under the Mental Health Act 2016; or (d) the forensic disability service under the Forensic Disability Act 2011; or (e) a court cell; or (f) a watch-house; or (g) a holding cell or another place in a police station where a person is detained; or (h) another place where a person is detained, other than a private residence, prescribed by regulation as a place of detention; or (i) a vehicle primarily used or operated for the purpose of transporting a person who is detained to or from a place mentioned in any of paragraphs (a) to (h). (2) Before a regulation is made under subsection (1)(h), the Minister must consult with the responsible Minister for the place about the proposed regulation. (3) In this section— court cell means a place attached to or near a court that is used for detaining prisoners of the court and other persons.