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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Inspector of Custodial Services Bill
2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Inspector of Custodial Services
Division 1 Appointment and staff of Inspector of
Custodial Services
4 Inspector of Custodial Services 4
5 Staff of Inspector 4
Division 2 Functions and powers of Inspector of
Custodial Services
6 Principal functions of Inspector 5
7 Powers of Inspector 5
b2011-122-42.d28
Inspector of Custodial Services Bill 2012
Contents
Page
8 Incidental powers 6
Division 3 Relationship of Inspector with other agencies
9 Relationship with Corrective Services NSW, Juvenile
Justice and Justice and Forensic Mental Health Network 6
10 Relationship with Ombudsman 6
11 Relationship with ICAC 7
Division 4 Reports by Inspector
12 Annual reports to Parliament 7
13 Other reports to be provided to Parliament 8
14 Furnishing of draft reports to Minister and others 8
15 Public interest considerations 8
16 Provisions relating to reports to Parliament 9
Part 3 Parliamentary Joint Committee
17 Oversight of functions of Joint Committee 11
18 Power to veto proposed appointment of Inspector 11
Part 4 Miscellaneous
19 Obstruction of Inspector 13
20 Protection of complainant against retribution 13
21 Exercise of functions in other jurisdictions 14
22 Protection from liability 14
23 Delegation 14
24 Nature of proceedings for offences 14
25 Disclosure of information 14
26 Sharing of information with Ombudsman 15
27 Regulations 15
28 Review of Act 15
Schedule 1 Provisions relating to Inspector 17
Schedule 2 Savings, transitional and other provisions 20
Schedule 3 Amendment of Acts and regulations 21
Contents page 2
New South Wales
Inspector of Custodial Services Bill
2012
No , 2012
A Bill for
An Act to provide for an Inspector of Custodial Services; and for other purposes.
Clause 1 Inspector of Custodial Services Bill 2012
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Inspector of Custodial Services Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
Corrective Services NSW means that part of the Department 9
comprising the group of staff who are principally involved in the 10
administration of the Crimes (Administration of Sentences) Act 1999. 11
custodial centre means the following: 12
(a) a correctional centre (including a juvenile correctional centre, a 13
managed correctional centre and a periodic detention centre), 14
(b) a residential facility, 15
(c) a transitional centre, 16
(d) a juvenile justice centre, 17
but does not include any police station or court cell complex that is not 18
managed by Corrective Services NSW or Juvenile Justice. 19
custodial centre staff member means any person employed or engaged 20
to provide custodial services (whether they are employed or engaged at 21
a custodial centre or elsewhere). 22
custodial service means the following: 23
(a) the management, direction, control or security of a custodial 24
centre, 25
(b) the security, management, control, safety, care or welfare 26
(including health care) of persons in custody, detained or residing 27
at a custodial centre, 28
(c) the transport of persons in custody or otherwise detained to or 29
from a custodial centre by or on behalf of Corrective Services 30
NSW or Juvenile Justice, 31
but does not include any function of, or service provided by, the NSW 32
Police Force, the Serious Offenders Review Council, the Serious Young 33
Offenders Review Panel or the State Parole Authority. 34
Department means the Department of Attorney General and Justice. 35
Page 2
Inspector of Custodial Services Bill 2012 Clause 3
Preliminary Part 1
function includes a power, authority or duty, and exercise a function 1
includes perform a duty. 2
Inspector means the Inspector of Custodial Services, appointed under 3
this Act. 4
Joint Committee means the joint committee called the Committee on 5
the Office of the Ombudsman and the Police Integrity Commission 6
constituted under the Ombudsman Act 1974. 7
Juvenile Justice means that part of the Department comprising the 8
group of staff who are principally involved in the administration of the 9
following Acts: 10
(a) the Children (Community Service Orders) Act 1987, 11
(b) the Children (Detention Centres) Act 1987, 12
(c) the Children (Interstate Transfer of Offenders) Act 1988, 13
and includes the group of staff within the Department who are known 14
as the Juvenile Justice Branch. 15
juvenile justice centre means a detention centre within the meaning of 16
the Children (Detention Centres) Act 1987. 17
member of staff of the Inspector means a person employed or engaged 18
under section 5. 19
Official Visitor means an Official Visitor within the meaning of the 20
Crimes (Administration of Sentences) Act 1999 or the Children 21
(Detention Centres) Act 1987. 22
(2) The following terms used in this Act have the same meanings as in the 23
Crimes (Administration of Sentences) Act 1999, except in so far as they 24
are defined differently in this Act or the context or subject-matter 25
otherwise indicates or requires: 26
(a) correctional centre, 27
(b) juvenile correctional centre, 28
(c) managed correctional centre, 29
(d) periodic detention centre, 30
(e) residential facility, 31
(f) Serious Offenders Review Council, 32
(g) State Parole Authority, 33
(h) transitional centre. 34
(3) Notes included in this Act do not form part of this Act. 35
Page 3
Clause 4 Inspector of Custodial Services Bill 2012
Part 2 Inspector of Custodial Services
Part 2 Inspector of Custodial Services 1
Division 1 Appointment and staff of Inspector of Custodial 2
Services 3
4 Inspector of Custodial Services 4
(1) The Governor may appoint an Inspector of Custodial Services. 5
(2) A person is not to be appointed as Inspector until: 6
(a) a proposal that the person be so appointed has been referred to the 7
Joint Committee under section 18, and 8
(b) the period that the Committee has under that section to veto the 9
proposed appointment has ended without the Committee having 10
vetoed the proposed appointment or the Committee notifies the 11
Minister that it has decided not to veto the proposed appointment. 12
(3) A person may be proposed for appointment on more than one occasion. 13
(4) In this section, appointment includes re-appointment. 14
(5) Schedule 1 contains provisions relating to the Inspector. 15
5 Staff of Inspector 16
(1) Staff may be employed under Chapter 1A of the Public Sector 17
Employment and Management Act 2002 to assist the Inspector. 18
(2) The Inspector may engage persons as consultants to the Inspector or to 19
perform services for the Inspector. 20
(3) The Inspector may arrange for the use of the services of: 21
(a) any staff or facilities of a Division of the Government Service or 22
a local or public authority, or 23
(b) any staff who are employed by or for or assigned to the person 24
who is the Inspector, in his or her capacity as the holder of some 25
other position (for example, as a Judge). 26
(4) The Division Head of a Division in which staff of the Inspector are 27
employed may delegate to the Inspector or a member of staff of the 28
Inspector any of the Division Head's functions under the Public Sector 29
Employment and Management Act 2002 with respect to those staff 30
(other than this power of delegation). 31
(5) Such provisions of this Act as are prescribed by the regulations apply to 32
persons referred to in subsections (1)-(4) in the same way as they apply 33
to staff of the Inspector, with any necessary adaptations and with such 34
modifications as are prescribed. 35
Page 4
Inspector of Custodial Services Bill 2012 Clause 6
Inspector of Custodial Services Part 2
Division 2 Functions and powers of Inspector of Custodial 1
Services 2
6 Principal functions of Inspector 3
(1) The principal functions of the Inspector are as follows: 4
(a) to inspect each custodial centre (other than juvenile justice 5
centres and juvenile correctional centres) at least once every 6
5 years, 7
(b) to inspect each juvenile justice centre and juvenile correctional 8
centre at least once every 3 years, 9
(c) to examine and review any custodial service at any time, 10
(d) to report to Parliament on each such inspection, examination or 11
review, 12
(e) to report to Parliament on any particular issue or general matter 13
relating to the functions of the Inspector if, in the Inspector's 14
opinion, it is in the interest of any person or in the public interest 15
to do so, 16
(f) to report to Parliament on any particular issue or general matter 17
relating to the functions of the Inspector if requested to do so by 18
the Minister, 19
(g) to include in any report such advice or recommendations as the 20
Inspector thinks appropriate (including advice or 21
recommendations relating to the efficiency, economy and proper 22
administration of custodial centres and custodial services), 23
(h) to oversee Official Visitor programs conducted under the Crimes 24
(Administration of Sentences) Act 1999 and the Children 25
(Detention Centres) Act 1987, 26
(i) to advise, train and assist Official Visitors in the exercise of the 27
functions conferred or imposed on them under those Acts, 28
(j) such other functions as may be conferred or imposed on the 29
Inspector under this or any other Act. 30
(2) The functions of the Inspector may be exercised on the Inspector's own 31
initiative, at the request of the Minister or in response to a reference by 32
the Joint Committee or any public authority or public official. 33
7 Powers of Inspector 34
The Inspector in the exercise of the Inspector's functions: 35
(a) is entitled to full access to the records of any custodial centre 36
(including health records) and may make copies of, or take 37
Page 5
Clause 8 Inspector of Custodial Services Bill 2012
Part 2 Inspector of Custodial Services
extracts from, those records and may remove and retain those 1
copies or extracts, and 2
(b) may visit and examine any custodial centre at any time the 3
Inspector thinks fit, and 4
(c) may require custodial centre staff members to supply information 5
or produce documents or other things relating to any matter, or 6
any class or kind of matters, concerning a custodial centre's 7
operations, and 8
(d) may require custodial centre staff members to attend before the 9
Inspector to answer questions or produce documents or other 10
things relating to a custodial centre's operations, and 11
(e) may refer matters relating to a custodial centre to other 12
appropriate agencies for consideration or action, and 13
(f) is entitled to be given access to persons in custody, detained or 14
residing at any custodial centre for the purpose of communicating 15
with them. 16
8 Incidental powers 17
The Inspector has power to do all things necessary to be done for or in 18
connection with, or reasonably incidental to, the exercise of the 19
Inspector's functions. Any specific powers conferred on the Inspector 20
by this Act are not taken to limit by implication the generality of this 21
section. 22
Division 3 Relationship of Inspector with other agencies 23
9 Relationship with Corrective Services NSW, Juvenile Justice and Justice 24
and Forensic Mental Health Network 25
(1) The Inspector and the Director-General of the Department may enter 26
into arrangements regarding the exercise of the Inspector's functions in 27
relation to Corrective Services NSW and Juvenile Justice. 28
(2) The Inspector and the Chief Executive of the Justice and Forensic 29
Mental Health Network may enter into arrangements regarding the 30
exercise of the Inspector's functions in relation to that Network. 31
10 Relationship with Ombudsman 32
(1) The Inspector and the Ombudsman may enter into arrangements 33
regarding: 34
(a) matters the subject of a complaint, inquiry, investigation or other 35
action under the Ombudsman Act 1974 about which the 36
Ombudsman will notify the Inspector, and 37
Page 6
Inspector of Custodial Services Bill 2012 Clause 11
Inspector of Custodial Services Part 2
(b) matters about which the Inspector will notify the Ombudsman 1
that could be made the subject of such a complaint, inquiry, 2
investigation or other action, and 3
(c) the handling of reviews, inspections, investigations or other 4
matters by the Inspector that could be dealt with by the 5
Ombudsman under that Act. 6
(2) The Inspector and the Ombudsman are empowered and required to 7
exercise their functions in conformity with any relevant arrangements 8
entered into under this section. 9
11 Relationship with ICAC 10
(1) The Inspector has the same duty to report to the Independent 11
Commission Against Corruption (the ICAC) any matter that the 12
Inspector suspects on reasonable grounds concerns or may concern 13
corrupt conduct as the principal officer of a public authority has under 14
section 11 of the Independent Commission Against Corruption Act 15
1988. 16
(2) The Inspector must not exercise functions in relation to any such matter 17
unless authorised to do so by arrangements entered into under this 18
section. 19
(3) The Inspector and the ICAC may enter into arrangements regarding: 20
(a) matters about which the ICAC will notify the Inspector where the 21
ICAC suspects misconduct of a custodial centre staff member 22
exists, and 23
(b) the handling of matters by the Inspector that may involve 24
misconduct of a custodial centre staff member and that could be 25
dealt with by the ICAC under that Act. 26
(4) The Inspector and the ICAC are empowered and required to exercise 27
their functions in conformity with any relevant arrangements entered 28
into under this section. 29
Division 4 Reports by Inspector 30
12 Annual reports to Parliament 31
(1) The Inspector is required to make, within the period of 4 months after 32
30 June in each year, a report to Parliament of the Inspector's operations 33
during the year ended on that 30 June. 34
(2) A report by the Inspector under this section must include the following: 35
(a) a description of the Inspector's activities during that year in 36
relation to each of the Inspector's principal functions, 37
Page 7
Clause 13 Inspector of Custodial Services Bill 2012
Part 2 Inspector of Custodial Services
(b) an evaluation of the response of relevant authorities to the 1
recommendations of the Inspector, 2
(c) any recommendations for changes in the laws of the State, or for 3
administrative action, that the Inspector considers should be 4
made as a result of the exercise of the Inspector's functions. 5
13 Other reports to be provided to Parliament 6
Any report to Parliament made by the Inspector under this Act is to be 7
made by furnishing the report to the Presiding Officer of each House of 8
Parliament. 9
14 Furnishing of draft reports to Minister and others 10
(1) The Inspector is to provide the Minister with a draft of each report to 11
Parliament to be made by the Inspector under this Act and give the 12
Minister a reasonable opportunity to make submissions, either orally or 13
in writing, in relation to the draft report. 14
(2) The Inspector must not make a report to Parliament under this Act that 15
sets out an opinion that is, either expressly or impliedly, critical of a 16
Division of the Government Service (other than an opinion critical of 17
Corrective Services NSW or Juvenile Justice) or any person unless the 18
Inspector has afforded the following persons the opportunity to make 19
submissions, either orally or in writing, in relation to the matter: 20
(a) if the opinion relates to a Division of the Government Service-- 21
the Division Head, 22
(b) if the opinion relates to another person--the person. 23
(3) The Inspector is not bound to amend a report in light of any submissions 24
made by the Minister, a Division Head or other person, but must: 25
(a) before finalising a report, consider any such submissions before 26
the report is furnished to the Presiding Officers, and 27
(b) include in the report a statement that the Minister, the Division 28
Head or other person concerned has made submissions in relation 29
to the Inspector's draft report. 30
15 Public interest considerations 31
(1) The Inspector must not disclose information in a report to Parliament if 32
there is an overriding public interest against disclosure of the 33
information. 34
(2) There is an overriding public interest against disclosure of information 35
for the purposes of this Act if (and only if) there are public interest 36
considerations against disclosure and, on balance, those considerations 37
outweigh the public interest considerations in favour of disclosure. 38
Page 8
Inspector of Custodial Services Bill 2012 Clause 16
Inspector of Custodial Services Part 2
(3) There are public interest considerations against disclosure of 1
information for the purposes of this Act if disclosure of the information 2
could reasonably be expected to have one or more of the following 3
effects (whether in a particular case or generally): 4
(a) prejudice the supervision of, or facilitate the escape of, any 5
person in lawful custody or detention, 6
(b) prejudice the security, discipline or good order of any custodial 7
centre, 8
(c) prejudice national security (within the meaning of the National 9
Security Information (Criminal and Civil Proceedings) Act 2004 10
of the Commonwealth), 11
(d) reveal or tend to reveal the identity of an informant or prejudice 12
the future supply of information from an informant, 13
(e) identify or allow the identification of a person who is or was 14
detained at a juvenile justice centre or in custody in a juvenile 15
correctional centre, 16
(f) endanger, or prejudice any system or procedure for protecting, 17
the life, health or safety of any person who is in custody, detained 18
or residing at a custodial centre (including but not limited to 19
systems or procedures to protect witnesses and other persons who 20
may be separated from other persons at the centre for their 21
safety), 22
(g) identify or allow the identification of a custodial centre staff 23
member or endanger, or prejudice any system or procedure for 24
protecting, the life, health or safety of such a staff member. 25
(4) A determination as to whether there is an overriding public interest 26
against disclosure of information is to be made in accordance with the 27
following principles: 28
(a) The fact that disclosure of information might cause 29
embarrassment to, or a loss of confidence in, the Government is 30
irrelevant and must not be taken into account. 31
(b) The fact that disclosure of information might be misinterpreted or 32
misunderstood by any person is irrelevant and must not be taken 33
into account. 34
16 Provisions relating to reports to Parliament 35
(1) A copy of a report furnished to the Presiding Officer of a House of 36
Parliament under this Part is to be laid before that House within 37
15 sitting days of that House after it is received by the Presiding Officer. 38
(2) The Inspector may include in a report a recommendation that the report 39
be made public immediately. 40
Page 9
Clause 16 Inspector of Custodial Services Bill 2012
Part 2 Inspector of Custodial Services
(3) If a report includes a recommendation by the Inspector that the report 1
be made public immediately, a Presiding Officer of a House of 2
Parliament may make it public whether or not that House is in session 3
and whether or not the report has been laid before that House. 4
(4) If such a report is made public by a Presiding Officer of a House of 5
Parliament before it is laid before that House, it attracts the same 6
privileges and immunities as if it had been laid before that House. 7
(5) A Presiding Officer need not inquire whether all or any conditions 8
precedent have been satisfied as regards a report purporting to have 9
been made and furnished in accordance with this Act. 10
Page 10
Inspector of Custodial Services Bill 2012 Clause 17
Parliamentary Joint Committee Part 3
Part 3 Parliamentary Joint Committee 1
17 Oversight of functions of Joint Committee 2
(1) The Joint Committee has the following functions under this Act: 3
(a) to monitor and to review the exercise by the Inspector of the 4
Inspector's functions, 5
(b) to report to both Houses of Parliament, with such comments as it 6
thinks fit, on any matter appertaining to the Inspector or 7
connected with the exercise of the Inspector's functions to which, 8
in the opinion of the Joint Committee, the attention of Parliament 9
should be directed, 10
(c) to examine each annual and other report to Parliament of the 11
Inspector and report to both Houses of Parliament on any matter 12
appearing in, or arising out of, any such report, 13
(d) to report to both Houses of Parliament any change which the Joint 14
Committee thinks desirable to the functions, structures and 15
procedures of the Inspector, 16
(e) to inquire into any question in connection with the Inspector's 17
functions which is referred to it by both Houses of Parliament, 18
and report to both Houses on that question. 19
(2) Nothing in this Part authorises the Joint Committee: 20
(a) to investigate a matter relating to particular conduct, or 21
(b) to reconsider a decision to investigate, not to investigate or to 22
discontinue investigation of a particular complaint, or 23
(c) to reconsider the findings, recommendations, determinations or 24
other decisions of the Inspector in relation to a particular 25
investigation or complaint in relation to any particular conduct 26
the subject of a report. 27
(3) The functions of the Joint Committee may be exercised in respect of 28
matters occurring before or after the commencement of this section. 29
18 Power to veto proposed appointment of Inspector 30
(1) The Minister is to refer a proposal to appoint a person as Inspector to the 31
Joint Committee and the Committee is empowered to veto the proposed 32
appointment as provided by this section. The Minister may withdraw a 33
referral at any time. 34
(2) The Joint Committee has 14 days after the proposed appointment is 35
referred to it to veto the proposal and has a further 30 days (after the 36
initial 14 days) to veto the proposal if it notifies the Minister within that 37
14 days that it requires more time to consider the matter. 38
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Clause 18 Inspector of Custodial Services Bill 2012
Part 3 Parliamentary Joint Committee
(3) The Joint Committee is to notify the Minister, within the time that it has 1
to veto a proposed appointment, whether or not it vetoes it. 2
(4) A referral or notification under this section is to be in writing. 3
Page 12
Inspector of Custodial Services Bill 2012 Clause 19
Miscellaneous Part 4
Part 4 Miscellaneous 1
19 Obstruction of Inspector 2
A person must not: 3
(a) without reasonable excuse, wilfully obstruct, hinder, resist or 4
threaten the Inspector or a member of staff of the Inspector in the 5
exercise of functions under this Act, or 6
(b) without reasonable excuse, refuse or wilfully fail to comply with 7
any lawful requirement of the Inspector or a member of staff of 8
the Inspector, or 9
(c) wilfully make any false statement to or mislead, or attempt to 10
mislead, the Inspector or a member of staff of the Inspector in the 11
exercise of functions under this Act. 12
Maximum penalty: 50 penalty units or imprisonment for 12 months, or 13
both. 14
20 Protection of complainant against retribution 15
(1) A person must not take or threaten to take detrimental action against 16
another person because that other person or any other person provides, 17
or proposes to provide, information, documents or evidence to the 18
Inspector or a member of staff of the Inspector in the exercise of 19
functions under this Act. 20
Maximum penalty: 50 penalty units or imprisonment for 12 months, or 21
both. 22
(2) It is a defence to a prosecution for an offence under this section if it is 23
proved: 24
(a) that the provision, or proposed provision, of information, 25
documents or evidence referred to in subsection (1) on which the 26
prosecution was based was made or proposed in bad faith, or 27
(b) that any material allegation concerned was known by the person 28
making it to be false. 29
(3) In this section, detrimental action means action causing, comprising or 30
involving any of the following: 31
(a) injury, damage or loss, 32
(b) intimidation or harassment, 33
(c) discrimination, disadvantage or adverse treatment in relation to 34
employment, 35
(d) dismissal from, or prejudice in, employment, 36
(e) disciplinary proceedings. 37
Page 13
Clause 21 Inspector of Custodial Services Bill 2012
Part 4 Miscellaneous
21 Exercise of functions in other jurisdictions 1
(1) The Minister may enter into an arrangement with a Minister of another 2
State or Territory providing for the exercise, in the other State or 3
Territory, of functions conferred on or delegated to the Inspector or a 4
member of staff of the Inspector under the law of the other State or 5
Territory. 6
(2) The Inspector or member of staff, in the other State or Territory, may, 7
in accordance with any such arrangement, exercise functions under the 8
law of the other State or Territory. 9
22 Protection from liability 10
A matter or thing done or omitted to be done by the Inspector, a member 11
of staff of the Inspector or a person acting under the direction of the 12
Inspector does not, if the matter or thing was done or omitted in good 13
faith for the purpose of executing this or any other Act, subject the 14
Inspector, staff member or person so acting personally to any action, 15
liability, claim or demand. 16
23 Delegation 17
The Inspector may delegate the exercise of any function of the Inspector 18
under this Act (other than this power of delegation) to: 19
(a) any member of staff of the Inspector, or 20
(b) any person, or any class of persons, authorised for the purposes 21
of this section by the regulations. 22
24 Nature of proceedings for offences 23
Proceedings for an offence under this Act or the regulations may be 24
dealt with summarily before the Local Court. 25
25 Disclosure of information 26
A person must not disclose any information obtained in connection with 27
the administration or execution of this Act (or any other Act conferring 28
or imposing functions on the Inspector) unless that disclosure is made: 29
(a) with the consent of the person from whom the information was 30
obtained, or 31
(b) in connection with the administration or execution of this Act (or 32
any such other Act), or 33
(c) for the purposes of any legal proceedings arising out of this Act 34
(or any such other Act) or of any report of any such proceedings, 35
or 36
Page 14
Inspector of Custodial Services Bill 2012 Clause 26
Miscellaneous Part 4
(d)in accordance with a requirement imposed under the Ombudsman 1
Act 1974, or 2
(e) with other lawful excuse. 3
Maximum penalty: 10 penalty units. 4
26 Sharing of information with Ombudsman 5
(1) The Inspector may, at any time, furnish to the Ombudsman information 6
obtained by the Inspector in discharging functions under this or any 7
other Act if the Inspector is of the opinion that the information relates 8
to conduct that could be the subject of a complaint under the 9
Ombudsman Act 1974. 10
(2) The Ombudsman may at any time furnish to the Inspector information 11
obtained by the Ombudsman in discharging functions under the 12
Ombudsman Act 1974 or any other Act if the Ombudsman is of the 13
opinion that the information relates to a custodial centre or a custodial 14
service that could be the subject of the exercise of the functions of the 15
Inspector. 16
(3) However: 17
(a) the Inspector must not disclose information that could not 18
otherwise be disclosed under this Act or could not be obtained by 19
the Ombudsman under the Ombudsman Act 1974 or any other 20
Act, and 21
(b) the Ombudsman must not disclose information that could not 22
otherwise be disclosed under the Ombudsman Act 1974 or could 23
not be obtained by the Inspector under this or any other Act. 24
27 Regulations 25
(1) The Governor may make regulations, not inconsistent with this Act, for 26
or with respect to any matter that by this Act is required or permitted to 27
be prescribed or that is necessary or convenient to be prescribed for 28
carrying out or giving effect to this Act. 29
(2) A regulation may create an offence punishable by a penalty not 30
exceeding 100 penalty units. 31
28 Review of Act 32
(1) The Minister is to review this Act to determine whether the policy 33
objectives of the Act remain valid and whether the terms of the Act 34
remain appropriate for securing those objectives. 35
(2) The review is to be undertaken as soon as possible after the period of 36
5 years from the date of commencement of this Act. 37
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Clause 28 Inspector of Custodial Services Bill 2012
Part 4 Miscellaneous
(3) A report on the outcome of the review is to be tabled in each House of 1
Parliament within 12 months after the end of the period of 5 years. 2
Page 16
Inspector of Custodial Services Bill 2012
Provisions relating to Inspector Schedule 1
Schedule 1 Provisions relating to Inspector 1
1 Eligibility for appointment 2
The following persons are not eligible to be appointed as Inspector or to 3
act in that office: 4
(a) a person who is a member of the Legislative Council or of the 5
Legislative Assembly or is a member of a House of Parliament or 6
legislature of another State or Territory or of the Commonwealth, 7
(b) a person who is, or has been within the previous 3 years, 8
employed as a custodial centre staff member, 9
(c) a person who is to any extent responsible for the management of, 10
or who is employed at or in connection with, a custodial centre, 11
(d) a person who has, or who has had, any interest in an agreement 12
under Part 12 (Engagement of contractors) of the Crimes 13
(Administration of Sentences) Act 1999. 14
2 Acting Inspector 15
(1) The Governor may, from time to time, appoint a person to act in the 16
office of Inspector during the illness or absence of the Inspector. The 17
person, while so acting, has all the functions of the Inspector and is 18
taken to be the Inspector. 19
(2) The Governor may, at any time, remove a person from the office to 20
which the person was appointed under this clause. 21
(3) A person while acting under this clause is entitled to be paid such 22
remuneration (including travelling and subsistence allowances) as the 23
Governor may from time to time determine. 24
(4) For the purposes of this clause, a vacancy in the office of Inspector is 25
taken to be an absence from the office of Inspector. 26
3 Basis of office 27
(1) The office of Inspector may be a full-time or part-time office, according 28
to the terms of appointment. 29
(2) The holder of a full-time office referred to in subclause (1) is required 30
to hold it on that basis, except to the extent permitted by the Governor. 31
4 Terms of office 32
(1) Subject to this Schedule, the Inspector holds office for such term not 33
exceeding 5 years as may be specified in the instrument of appointment, 34
but is eligible (if otherwise qualified) for re-appointment. 35
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Inspector of Custodial Services Bill 2012
Schedule 1 Provisions relating to Inspector
(2) A person may not hold the office of Inspector for terms totalling more 1
than 10 years. 2
5 Remuneration 3
The Inspector is entitled to be paid: 4
(a) remuneration in accordance with the Statutory and Other Offices 5
Remuneration Act 1975, and 6
(b) such travelling and subsistence allowances as the Minister may 7
from time to time determine. 8
6 Vacancy in office 9
(1) The office of Inspector becomes vacant if the holder: 10
(a) dies, or 11
(b) completes a term of office and is not re-appointed, or 12
(c) holds office for longer than the relevant term mentioned in 13
clause 4, or 14
(d) resigns the office by instrument in writing addressed to the 15
Governor, or 16
(e) is nominated for election as a member of the Legislative Council 17
or of the Legislative Assembly or as a member of a House of 18
Parliament or a legislature of another State or Territory or of the 19
Commonwealth, or 20
(f) becomes bankrupt, applies to take the benefit of any law for the 21
relief of bankrupt or insolvent debtors, compounds with his or her 22
creditors or makes an assignment of his or her remuneration for 23
their benefit, or 24
(g) becomes a mentally incapacitated person, or 25
(h) is convicted in New South Wales of an offence that is punishable 26
by imprisonment for 12 months or more or is convicted 27
elsewhere than in New South Wales of an offence that, if 28
committed in New South Wales, would be an offence so 29
punishable, or 30
(i) ceases to be eligible for appointment as Inspector under clause 1, 31
or 32
(j) is removed from office under subclause (2). 33
(2) The Governor may remove an Inspector from office for incapacity, 34
incompetence, misbehaviour or unsatisfactory performance. 35
Page 18
Inspector of Custodial Services Bill 2012
Provisions relating to Inspector Schedule 1
7 Filling of vacancy 1
If the office of Inspector becomes vacant, a person is, subject to this Act, 2
to be appointed to fill the vacancy. 3
8 Effect of certain other Acts 4
(1) The Public Sector Employment and Management Act 2002 does not 5
apply to the Inspector and, in particular, Chapter 5 of that Act does not 6
apply to the person appointed to the office of Inspector. 7
(2) If by or under any other Act provision is made: 8
(a) requiring a person who is the holder of a specified office to 9
devote the whole of his or her time to the duties of that office, or 10
(b) prohibiting the person from engaging in employment outside the 11
duties of that office, 12
the provision does not operate to disqualify the person from holding that 13
office and also the office of Inspector or from accepting and retaining 14
any remuneration payable to the person under this Act as Inspector. 15
Page 19
Inspector of Custodial Services Bill 2012
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of this Act or any Act that amends 6
this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Page 20
Inspector of Custodial Services Bill 2012
Amendment of Acts and regulations Schedule 3
Schedule 3 Amendment of Acts and regulations 1
3.1 Children (Detention Centres) Act 1987 No 57 2
Section 8A Official Visitors 3
Insert "and the Inspector of Custodial Services" after "the Minister" in 4
section 8A (4) (c). 5
3.2 Children (Detention Centres) Regulation 2010 6
Clause 3 Definitions 7
Insert at the end of the definition of exempt body: 8
(n) the Inspector of Custodial Services. 9
3.3 Crimes (Administration of Sentences) Act 1999 No 93 10
[1] Section 228 Official Visitors 11
Insert "and the Inspector of Custodial Services" after "the Minister" in 12
section 228 (5) (d). 13
[2] Section 230 Special inquiries 14
Insert after section 230 (5): 15
(6) The Minister must refer any report received by the Minister 16
arising from an inquiry under this section to the Inspector of 17
Custodial Services for comment. 18
3.4 Crimes (Administration of Sentences) Regulation 2008 19
Dictionary 20
Insert "the Inspector of Custodial Services," after "the Independent 21
Commission Against Corruption," in paragraph (a) of the definition of exempt 22
body. 23
Page 21
Inspector of Custodial Services Bill 2012
Schedule 3 Amendment of Acts and regulations
3.5 Defamation Act 2005 No 77 1
Schedule 1 Additional publications to which absolute privilege applies 2
Omit clause 8 of the Schedule. Insert instead: 3
8 Matters relating to Inspector of Custodial Services 4
Without limiting section 27 (2) (a)-(c), matter that is published: 5
(a) to or by the Inspector of Custodial Services in his or her 6
capacity as the Inspector of Custodial Services, or 7
(b) to or by a member of staff of the Inspector in his or her 8
capacity as such a member. 9
3.6 Government Information (Public Access) Act 2009 No 52 10
Schedule 2 Excluded information of particular agencies 11
Insert at the end of item 2 of the Schedule: 12
The office of the Inspector of Custodial Services--operational 13
auditing, review, inspection, investigative and reporting 14
functions. 15
3.7 Ombudsman Act 1974 No 68 16
Section 31A Constitution of Joint Committee 17
Insert "the Inspector of Custodial Services Act 2012" after "the Privacy and 18
Personal Information Protection Act 1998," in section 31A (2). 19
3.8 Statutory and Other Offices Remuneration Act 1975 (1976 20
No 4) 21
Schedule 2 Public offices 22
Omit "Full-time Inspector-General of Corrective Services" from Part 1 of the 23
Schedule. 24
Insert instead "Inspector of Custodial Services". 25
Page 22
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