Queensland Numbered Acts

MONITORING OF PLACES OF DETENTION (OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE) ACT 2023 - SECT 10

10 Detaining authority may temporarily prohibit or restrict access to place of detention

(1) The detaining authority for a place of detention may temporarily prohibit or restrict access to the place or part of the place by the subcommittee and an accompanying person if the detaining authority believes a ground mentioned in subsection (2) exists.

(2) For subsection (1) , the grounds are as follows—

(a) allowing access to the place or part of the place may prevent the maintenance of—

(i) security, good order and management of the place of detention; or

(ii) health and safety of a person in the place of detention (including a member of the subcommittee and an accompanying person);

(b) allowing access to the place or part of the place may prevent the conduct of essential operations by the detaining authority.

(3) A prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) must be only for the shortest period reasonable in the circumstances.

(4) The detaining authority must—

(a) for each temporary prohibition or restriction of access to a place of detention or part of a place of detention under subsection (1) , make a written record of—

(i) the reasons for the prohibition or restriction; and

(ii) the date and time when the prohibition or restriction began and its duration; and

(b) give a copy of the record to the responsible Minister for the place of detention.