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Correctional Centres Amendment
(Inspector-General) Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a)
to establish the office of Inspector-General of Corrective Services, and
(b)
to set out the functions of that office, namely functions of an
investigatory nature relating to the administration of the Department of
Corrective Services, including correctional centres.
The Bill also makes related amendments to the Defamation Act 1974,
Freedom of Information Act 1989 and
and Other Offices
Remuneration Act 1975.
Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Correctional Centres Act 1952 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Defamation Act 1974, Freedom of Information Act 1989 and Statutory and
Other Offices Remuneration Act 1975 set out in Schedule 2.
Schedule 1
Amendments
Schedule 1 [3] inserts Part 2A into the Principal Act so as to provide for the
appointment by the Governor of an Inspector-General of Corrective Services.
The office of Inspector-General is responsible primarily for investigating and
making recommendations on matters falling within the administration of the
Department of Corrective Services (including correctional centres). The
functions of the Inspector-General include:
*
the investigation of complaints relating to matters within that
administration, and
*
the examination of reports provided by Official Visitors on correctional
centres and by the monitor of the correctional centre privately
managed under agreement with the Commissioner of Corrective
Services, and
*
the making of recommendations to the Minister in relation to such
matters.
(proposed sections 11 Al 1E)
The Inspector-General has no functions in relation to the following matters:
*
matters the subject of inquiries by Visiting Justices to correctional
centres
*
matters the subject of inquiries carried out by persons appointed by the
Minister under section 11A of the Act on any matter relating to the
security, good order, control or management of a correctional centre
Explanatory note page 2
*
complaints about the conduct of public authorities if those complaints
are outside the scope of the Ombudsman Act 1979 (however this does
not affect the power of the Inspector-General to recommend
disciplinary action or criminal prosecution of an officer of the
Department of Corrective Services)
*
complaints about the Parole Board or the Serious Offenders Review
Council
*
complaints about the type or level of penalty imposed on an inmate of
a correctional centre by the governor of the correctional centre.
(proposed section 11H)
The Inspector-General is to enter into arrangements with the Ombudsman as
to the investigation of complaints and certain other matters within the
administration of the Department of Corrective Services that could be the
subject of a complaint under the Ombudsman Act 1974. (proposed
section 11J)
The Inspector-General must report to the Independent Commission Against
Corruption any matter concerning corrupt conduct. The Inspector-General is
to enter into arrangements with the Commission for the handling of matters
that involve possible misconduct of an officer of the Department of
Corrective Services. (proposed section 11K)
Various investigatory powers are given to the Inspector-General and an
offence of obstructing the Inspector-General is created. (proposed sections
11F, 11G, 11I and 11O)
Disclosures to the Inspector-General by public officials concerning corrupt
conduct, maladministration or serious or substantial waste will be protected
under the Protected Disclosures Act 1994. (proposed section 11L)
The Inspector-General or a person acting under the Inspector-General's
direction is not personally liable for actions done in good faith for the
purposes of executing the Act or any other Act. (proposed section 11P)
The Inspector-General is to report to the Minister and is to take account of
Government policy in carrying out functions. (proposed sections 11M
and 11N)
A review of the new provisions must be undertaken by the Minister after
5 years and the office of Inspector-General is not to be filled after the period
of 5 years from the commencement of those provisions unless authorised by
an Act of Parliament or a resolution of both Houses of Parliament. (proposed
sections 11R and 11S)
Explanatory note page 3
Schedule 1
[ l ] , [2] and [4][6] contain consequential amendments.
Schedule l [7] contains provisions relating to the appointment and term of
office of the Inspector-General. Provisions are included to enable the
appointment of the Inspector-General on a full-time or part-time basis.
Schedule 2
Amendment of other Acts
Schedule 2 contains the following amendments:
(a) amendments to the Defamation Act 1974 to protect th e
Inspector-General and persons acting under the direction of the
Inspector-General from defamation actions,
(b) amendments to the Freedom of Information Act 1989 to exclude
certain functions of the Inspector-General from the operation of that
Act, and
(c) amendments to the Statutory and Other Offices Remuneration Act
1975 to bring the office of the Inspector-General under the provisions
of that Act while the office is being held on a full-time basis.
Explanatory note page 4