Custodial Inspector Act 2016 (Tas)

Custodial Inspector Act 2016

An Act to provide for the appointment of a Custodial Inspector and for related purposes [Royal Assent 9 September 2016]

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 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 13 ; occasional inspection and review means an inspection and review carried out under section 14 ; officer of the Inspector means a person who is appointed or employed under section 11 and includes a person to whom a function or power is delegated in accordance with section 10(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 – (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.