An Act to provide for an Inspector of Custodial Services; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act is the Inspector of Custodial Services Act 2012.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
2A Objects of Act
(1) The objects of this Act are as follows—(a) to improve the prospects for the rehabilitation of offenders by improving—(i) standards in custodial centres, and(ii) the provision of custodial services,(b) to promote the improved treatment of, and improved outcomes for, persons in custody on remand.(2) This Act seeks to achieve the objects by establishing the independent office of Inspector of Custodial Services to inspect, monitor and report to Parliament on—(a) custodial centres, and(b) the provision of custodial services.(3) A person exercising a function under this Act must have regard to—(a) the objects of the Act, and(b) the particular needs of the following—(i) Aboriginal and Torres Strait Islander people,(ii) people from culturally and linguistically diverse backgrounds,(iii) children and young people,(iv) women and gender diverse persons,(v) people with physical and cognitive disabilities,(vi) people with life threatening conditions and illnesses.s 2A: Ins 2025 No 7, Sch 1[1].
3 Definitions
(1) In this Act—adult custodial centre means a custodial centre other than a juvenile justice centre.CDC Minister means the Minister administering the Children (Detention Centres) Act 1987.custodial centre means the following—(a) a correctional centre (including a juvenile correctional centre and a managed correctional centre),(b) a residential facility,(c) a transitional centre,but does not include any police station or court cell complex that is not managed by Corrective Services NSW or Juvenile Justice.(d) a juvenile justice centre,custodial centre manager means the following—(a) for a correctional centre—the governor,(b) for a residential facility or transitional centre—the manager,(c) for a juvenile justice centre—the centre manager within the meaning of the Children (Detention Centres) Act 1987.custodial centre staff member means any person employed or engaged to provide custodial services (whether they are employed or engaged at a custodial centre or elsewhere).custodial service means the following—(a) the management, direction, control or security of a custodial centre,(b) the security, management, control, safety, care or welfare (including health care) of persons in custody, detained or residing at a custodial centre,but does not include any function of, or service provided by, the NSW Police Force, the Serious Young Offenders Review Panel constituted under the Children (Detention Centres) Act 1987 or the Serious Offenders Review Council or State Parole Authority constituted under the Crimes (Administration of Sentences) Act 1999.(c) the transport of persons in custody or otherwise detained to or from a custodial centre by or on behalf of Corrective Services NSW or Juvenile Justice,Department means the department in which this Act is administered.function includes a power, authority or duty, and exercise a function includes perform a duty.government sector agency has the same meaning as in the Government Sector Employment Act 2013.head, of a government sector agency, has the same meaning as in the Government Sector Employment Act 2013.Inspector means the Inspector of Custodial Services, appointed under this Act.interest, in relation to the management company under a management agreement, includes the following—(a) a shareholding in—(i) the management company, or(ii) a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the management company,(b) an interest in business dealings that are taking place or have taken place with—(i) the management company, or(ii) a director or officer of the management company.Joint Committee means the joint committee called the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission constituted under the Ombudsman Act 1974.Juvenile Justice means the part of the Department comprising the group of staff principally involved in the administration of the following Acts—juvenile justice centre means a detention centre within the meaning of the Children (Detention Centres) Act 1987.Official Visitor means an Official Visitor (Adults) or Official Visitor (Children).Official Visitor (Adults) means a person appointed under section 8B.Official Visitor (Children) means a person appointed under section 8C.(2) The following terms used in this Act have the same meaning as in the Crimes (Administration of Sentences) Act 1999, except as otherwise provided—(a) Commissioner,(b) correctional centre,(c) juvenile correctional centre,(d) managed correctional centre,(e) management agreement,(f) management company,(g) residential facility,(h) transitional centre.(3) (Repealed)s 3: Am 2015 No 58, Sch 3.52 [1] [2]; 2016 No 61, Sch 6.27; 2020 No 30, Sch 3.22; 2025 No 7, Sch 1[2]–[5].
Part 2 Inspector of Custodial Services
Division 1 Appointment and staff of Inspector of Custodial Services
4 Inspector of Custodial Services
(1) The Governor may appoint an Inspector of Custodial Services.(2) A person is not to be appointed as Inspector until—(a) a proposal that the person be so appointed has been referred to the Joint Committee under section 18, and(b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.(3) A person may be proposed for appointment on more than one occasion.(4) In this section, appointment includes re-appointment.(5) Schedule 1 contains provisions relating to the Inspector.
5 Staff of Inspector
(1) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Inspector to exercise his or her functions.(2) The Inspector may engage persons as consultants to the Inspector or to perform services for the Inspector.(3) The Inspector may arrange for the use of the services of—(a) any staff or facilities of a Public Service agency or a local or public authority, or(b) any staff who are employed by or for or assigned to the person who is the Inspector, in his or her capacity as the holder of some other position (for example, as a Judge).(4) The head of the Public Service agency in which staff of the Inspector are employed may delegate to the Inspector or a member of staff of the Inspector any of the agency head’s functions under the Government Sector Employment Act 2013 with respect to those staff (other than this power of delegation).(5) Such provisions of this Act as are prescribed by the regulations apply to persons referred to in subsection (3) in the same way as they apply to staff of the Inspector, with any necessary adaptations and with such modifications as are prescribed.s 5: Am 2015 No 15, Sch 3.36 [1]–[4].
Division 2 Functions and powers of Inspector of Custodial Services
6 Principal functions of Inspector
(1) The principal functions of the Inspector are as follows—(a) to inspect each custodial centre (other than juvenile justice centres and juvenile correctional centres) at least once every 5 years,(b) to inspect each juvenile justice centre and juvenile correctional centre at least once every 3 years,(c) to examine and review any custodial service at any time,(d) to report to Parliament on each such inspection, examination or review,(e) to report to Parliament on any particular issue or general matter relating to the functions of the Inspector if, in the Inspector’s opinion, it is in the interest of any person or in the public interest to do so,(f) to report to Parliament on any particular issue or general matter relating to the functions of the Inspector if requested to do so by the Minister,(g) to include in any report such advice or recommendations as the Inspector thinks appropriate (including advice or recommendations relating to the efficiency, economy and proper administration of custodial centres and custodial services),(h) to oversee the Official Visitor program,(i) to advise, train and assist Official Visitors in the exercise of the functions conferred or imposed on them under this Act,(j) such other functions as may be conferred or imposed on the Inspector under this or any other Act.(2) The functions of the Inspector may be exercised on the Inspector’s own initiative, at the request of the Minister or in response to a reference by the Joint Committee or any public authority or public official.(3) A reference to the Minister in subsection (1)(f) or (2) is taken to be a reference to the CDC Minister if the reference relates to a juvenile justice centre.s 6: Am 2025 No 7, Sch 1[6]–[8].
7 Powers of Inspector
(1) The Inspector in the exercise of the Inspector’s functions—(a) is entitled to full access to the records of any custodial centre (including health records) and may make copies of, or take extracts from, those records and may remove and retain those copies or extracts, and(b) may visit and examine any custodial centre at any time the Inspector thinks fit, and(c) may require custodial centre staff members to supply information or produce documents or other things relating to any matter, or any class or kind of matters, concerning a custodial centre’s operations or a custodial service, and(d) may require custodial centre staff members to attend before the Inspector to answer questions or produce documents or other things relating to a custodial centre’s operations or a custodial service, and(e) may refer matters relating to a custodial centre to other appropriate agencies for consideration or action, and(f) is entitled to be given access to persons in custody, detained or residing at any custodial centre for the purpose of communicating with them.(2) In exercising the Inspector’s functions, the Inspector must have regard to the legislation regulating custodial centres and custodial services.s 7: Am 2025 No 7, Sch 1[9] [10].
8 Incidental powers
The Inspector has power to do all things necessary to be done for or in connection with, or reasonably incidental to, the exercise of the Inspector’s functions. Any specific powers conferred on the Inspector by this Act are not taken to limit by implication the generality of this section.
8A Inspector may carry out interviews in private
(1) This section applies to an interview carried out at a custodial centre by the Inspector with—(a) a custodial centre staff member, as referred to in section 7(1)(d), or(b) a person in custody, detained or residing at the custodial centre, as referred to in section 7(1)(f).(2) An interview may be carried out in private if the Inspector is satisfied, having considered advice received from the custodial centre manager, that carrying out the interview in private will not compromise—(a) the security of the custodial centre, or(b) the safety of a person at the custodial centre.(3) An interview referred to in subsection (1)(b) may be carried out in private only if the person in custody, detained or residing at the custodial centre consents to the interview being carried out in private.s 8A: Ins 2025 No 7, Sch 1[11].
Division 2A Official Visitors
pt 2, div 2A: Ins 2025 No 7, Sch 1[12].
8B Appointment of Official Visitors (Adults)
(1) The Minister may appoint a person as an Official Visitor (Adults).(2) A person is eligible for appointment if, in the Minister’s opinion, the person—(a) has experience relevant to the functions of an Official Visitor (Adults), andExample—experience relating to complaints management, custodial services, law, health, psychology, education, Aboriginal and Torres Strait Islander people or people from culturally and linguistically diverse backgrounds(b) demonstrates concern for persons in the correctional system.(3) Notice of the appointment of an Official Visitor (Adults) must be published in the Gazette.(4) Schedule 3 sets out additional provisions relating to Official Visitors (Adults).s 8B: Ins 2025 No 7, Sch 1[12].
8C Appointment of Official Visitors (Children)
(1) The CDC Minister may appoint a person as an Official Visitor (Children).(2) A person is eligible for appointment if, in the CDC Minister’s opinion, the person—(a) has expertise in a branch of juvenile justice, and(b) demonstrates concern for persons in the juvenile justice system.(3) Notice of the appointment of an Official Visitor (Children) must be published in the Gazette.(4) Schedule 3 sets out additional provisions relating to Official Visitors (Children).(5) A reference to the Minister in section 8E(3) and Schedule 3 is taken to be, in relation to an Official Visitor (Children), a reference to the CDC Minister.s 8C: Ins 2025 No 7, Sch 1[12].
8D Persons who must not be Official Visitors
The following persons must not be appointed as an Official Visitor—(a) a person employed in Corrective Services NSW,(b) a juvenile justice officer within the meaning of the Children (Detention Centres) Act 1987,(c) a custodial centre staff member or another person who is, to any extent, responsible for the management of, or who is employed at or in connection with, a custodial centre.s 8D: Ins 2025 No 7, Sch 1[12].
8E Declaration of interest
(1) A person who wishes to be appointed as an Official Visitor or as an acting Official Visitor must make a written declaration stating whether the person has an interest in—(a) a management agreement, or(b) the management company under a management agreement.(2) A person who has not made a declaration under this section must not be appointed as an Official Visitor.(3) The Minister must not appoint a person as an Official Visitor if—(a) the person has an interest in—(i) a management agreement, or(ii) the management company under a management agreement, and(b) the Minister considers the person should not be appointed because of the interest.s 8E: Ins 2025 No 7, Sch 1[12].
8F Assignment of Official Visitors
(1) An Official Visitor (Adults) must be assigned to one or more adult custodial centres—(a) by the Minister, or(b) in accordance with arrangements approved by the Minister.(2) An Official Visitor (Children) must be assigned to one or more juvenile justice centres—(a) by the CDC Minister, or(b) in accordance with arrangements approved by the CDC Minister.(3) There must be, at all times, at least—(a) 1 Official Visitor (Adults) for each adult custodial centre, and(b) 1 Official Visitor (Children) for each juvenile justice centre.s 8F: Ins 2025 No 7, Sch 1[12].
8G Visits by Official Visitors to custodial centres
(1) An Official Visitor must visit the custodial centre to which the Official Visitor is assigned at least once each month, unless prevented by illness or another unavoidable cause.(2) An Official Visitor (Adults) may also visit an adult custodial centre at other reasonable times unless the Commissioner considers a visit would be inappropriate because of security concerns.(3) An Official Visitor (Children) may also visit a juvenile justice centre at other reasonable times unless the Secretary of the Department considers a visit would be inappropriate because of security concerns.(4) During a visit to a custodial centre, an Official Visitor may—(a) carry out interviews with custodial centre staff members at the centre, and(b) carry out interviews with persons in custody, detained or residing at the centre, and(c) inspect the centre.(5) An Official Visitor’s power to carry out interviews—(a) may only be exercised with the consent of the interviewee, and(b) includes the power to carry out interviews in private, at the request of the potential interviewee or on the initiative of the Official Visitor, and(c) does not include the power to carry out an investigation or audit.(6) An Official Visitor visiting a custodial centre to which the Official Visitor is assigned must inform custodial centre staff members at the centre and the persons in custody, detained or residing at the centre, that interviews with the Official Visitor may be carried out in private.s 8G: Ins 2025 No 7, Sch 1[12].
8H Official Visitors to deal with complaints and inquiries
(1) The main function of an Official Visitor is to deal with complaints and inquiries from persons in custody, detained or residing at custodial centres (a complainant).(2) The Official Visitor must deal with a complaint or inquiry received from a complainant in accordance with this section.(3) The Official Visitor may clarify details of the complaint or inquiry with the complainant or a relevant officer.(4) The Official Visitor must—(a) record details of the complaint or inquiry in the Official Visitor’s official diary, and(b) determine, from a relevant officer or the complainant, what action has been taken or information given in response to the complaint or inquiry.(5) The Official Visitor must do one or more of the following in relation to the complaint or inquiry—(a) with the consent of the complainant—(i) notify the custodial centre manager of the complaint or inquiry, and(ii) try to resolve the complaint or inquiry with the custodial centre manager,(b) advise the complainant of other action the Official Visitor considers could be taken in relation to the complaint or inquiry,(c) with the consent of the complainant, refer the complaint or inquiry to a person the Official Visitor considers appropriate, including the Inspector.(6) The Official Visitor must give information about action taken in relation to complaints and inquiries to the following for statistical purposes—(a) for an adult custodial centre—the Commissioner,(b) for a juvenile justice centre—the Secretary of the Department.(7) The Official Visitor must give the information under subsection (6)—(a) in the form approved by the Inspector, and(b) at the times determined by the Inspector.(8) In dealing with a complaint or inquiry, an Official Visitor must not—(a) interfere with the management or discipline of a custodial centre, or(b) give instructions to—(i) a relevant officer, or(ii) a person in custody, detained or residing at a custodial centre.(9) An Official Visitor (the first Official Visitor) may inform another Official Visitor about—(a) a person interviewed by the first Official Visitor at a custodial centre, and(b) the nature and substance of a complaint or inquiry received by the first Official Visitor.(10) In this section—relevant officer means—(a) in relation to an adult custodial centre—the following—(i) a person employed in Corrective Services NSW,(ii) a medical officer within the meaning of the Crimes (Administration of Sentences) Act 1999,(iii) a registered nurse employed by the Justice Health and Forensic Mental Health Network,(iv) a person employed by a management company and who holds an authority under the Crimes (Administration of Sentences) Act 1999, section 240 to perform duties at a correctional centre managed by the management company, or(b) in relation to a juvenile justice centre—the following—(i) a person employed in Juvenile Justice,(ii) a person employed in the Department of Education,(iii) a medical officer appointed under the Children (Detention Centres) Act 1987, section 37G,(iv) a registered nurse employed by the Justice Health and Forensic Mental Health Network,(v) a chaplain accredited under regulations made under the Children (Detention Centres) Act 1987.s 8H: Ins 2025 No 7, Sch 1[12].
8I Official Visitors may report complaints and inquiries to Minister
If an Official Visitor considers a complaint or inquiry received by the Official Visitor requires the immediate attention of the Minister or the CDC Minister, the Official Visitor may report the complaint or inquiry to the Minister or the CDC Minister.s 8I: Ins 2025 No 7, Sch 1[12].
8J Written reports by Official Visitors
At least once every 6 months, an Official Visitor must give a written report to the following persons—(a) the Inspector,(b) for an adult custodial centre—the Minister,(c) for a juvenile justice centre—(i) the CDC Minister, and(ii) if the report relates to a part of an educational establishment under the control or direction of the Minister administering the Education Act 1990—that Minister.s 8J: Ins 2025 No 7, Sch 1[12].
8K Official Visitors must not deal with restricted persons
(1) An Official Visitor (Adults) is not permitted to receive or deal with a complaint or inquiry from a restricted person.(2) In this section—restricted person means a person in custody, detained or residing at a custodial centre who—(a) is prescribed by the regulations, or(b) belongs to a class of persons prescribed by the regulations.s 8K: Ins 2025 No 7, Sch 1[12].
Division 3 Relationship of Inspector with other agencies
9 Inspector may enter into arrangements with government officials and agencies
(1) The Inspector may enter into arrangements with the Commissioner in relation to the exercise of the functions of the Inspector and the Commissioner in relation to Corrective Services NSW.(2) The Inspector may enter into arrangements with the Secretary of the Department in relation to the exercise of the functions of the Inspector and the Secretary in relation to Juvenile Justice.(3) The Inspector may enter into arrangements with the Chief Executive of the Justice Health and Forensic Mental Health Network in relation to the exercise of the functions of the Inspector and the Chief Executive in relation to the Network.(4) The Inspector may enter into arrangements with the following in relation to the exercise of the functions of the Inspector and the relevant functions—(a) the Ombudsman,(b) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988,(c) the Health Care Complaints Commission constituted by the Health Care Complaints Act 1993,(d) the Law Enforcement Conduct Commission constituted by the Law Enforcement Conduct Commission Act 2016,(e) the Children’s Guardian appointed under the Children’s Guardian Act 2019,(f) a person or body prescribed by the regulations.(5) In this section—relevant enabling legislation means the following—(a) for the Ombudsman—the Ombudsman Act 1974,(b) for the Independent Commission Against Corruption—the Independent Commission Against Corruption Act 1988,(c) for the Health Care Complaints Commission—the Health Care Complaints Act 1993,(d) for the Law Enforcement Conduct Commission—the Law Enforcement Conduct Commission Act 2016,(e) for the Children’s Guardian—the Children’s Guardian Act 2019,(f) for a person or body prescribed by the regulations for subsection (4)(f)—the legislation prescribed by the regulations.relevant function, of a person or body specified in subsection (4), means a function that relates to complaints, inquiries, investigations or other action under the relevant enabling legislation.s 9: Am 2015 No 58, Sch 3.52 [3]. Subst 2025 No 7, Sch 1[13].
10 Duty to report to LECC
(1) The Inspector has the same duty to report to the Law Enforcement Conduct Commission a matter the Inspector suspects on reasonable grounds concerns or may concern officer misconduct or serious maladministration as the principal officer of a public authority has under the Law Enforcement Conduct Commission Act 2016, section 33.(2) The Inspector must not exercise functions in relation to a matter referred to in subsection (1) unless authorised to do so by an arrangement entered into under section 9(4)(d).s 10: Subst 2025 No 7, Sch 1[13].
11 Duty to report to ICAC
(1) The Inspector has the same duty to report to the Independent Commission Against Corruption (the ICAC) any matter that the Inspector suspects on reasonable grounds concerns or may concern corrupt conduct as the principal officer of a public authority has under section 11 of the Independent Commission Against Corruption Act 1988.(2) The Inspector must not exercise functions in relation to any such matter unless authorised to do so by arrangements entered into under section 9(4)(b).(3), (4) (Repealed)s 11: Am 2025 No 7, Sch 1[14]–[16].
Division 4 Reports by Inspector
12 Annual reports to Parliament
(1) The Inspector is required to make, within the period of 4 months after 30 June in each year, a report to Parliament of the Inspector’s operations during the year ended on that 30 June.(2) A report by the Inspector under this section must include the following—(a) a description of the Inspector’s activities during that year in relation to each of the Inspector’s principal functions,(b) an evaluation of the response of government sector agencies or management companies to the recommendations of the Inspector,(c) any recommendations for changes in the laws of the State, or for administrative action, that the Inspector considers should be made as a result of the exercise of the Inspector’s functions.s 12: Am 2025 No 7, Sch 1[17].
13 (Repealed)
s 13: Rep 2014 No 14, Sch 1.2 [1].
14 Furnishing of draft reports to Minister and others
(1) The Inspector is to provide the Minister with a draft of each report to Parliament to be made by the Inspector under this Act and give the Minister a reasonable opportunity to make submissions, either orally or in writing, in relation to the draft report.(2) The Inspector must not make a report to Parliament under this Act that sets out an opinion that is, either expressly or impliedly, critical of a government sector agency (other than an opinion critical of Corrective Services NSW or Juvenile Justice) or any person unless the Inspector has afforded the following persons the opportunity to make submissions, either orally or in writing, in relation to the matter—(a) if the opinion relates to a government sector agency—the head of the agency,(b) if the opinion relates to another person—the person.(3) The Inspector is not bound to amend a report in light of any submissions made by the Minister, an agency head or other person, but must—(a) before finalising a report, consider any such submissions before the report is furnished to the Presiding Officers, and(b) include in the report a statement that the Minister, the agency head or other person concerned has made submissions in relation to the Inspector’s draft report.(4) A reference to the Minister in this section is taken to be a reference to the CDC Minister if the reference relates to a juvenile justice centre.s 14: Am 2015 No 15, Sch 3.36 [2] [5] [6]; 2025 No 7, Sch 1[18] [19].
15 Public interest considerations
(1) The Inspector must not disclose information in a report to Parliament if there is an overriding public interest against disclosure of the information.(2) There is an overriding public interest against disclosure of information for the purposes of this Act if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure.(3) There are public interest considerations against disclosure of information for the purposes of this Act if disclosure of the information could reasonably be expected to have one or more of the following effects (whether in a particular case or generally)—(a) prejudice the supervision of, or facilitate the escape of, any person in lawful custody or detention,(b) prejudice the security, discipline or good order of any custodial centre,(c) prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth),(d) reveal or tend to reveal the identity of an informant or prejudice the future supply of information from an informant,(e) identify or allow the identification of a person who is or was detained at a juvenile justice centre or in custody in a juvenile correctional centre,(f) endanger, or prejudice any system or procedure for protecting, the life, health or safety of any person who is in custody, detained or residing at a custodial centre (including but not limited to systems or procedures to protect witnesses and other persons who may be separated from other persons at the centre for their safety),(g) identify or allow the identification of a custodial centre staff member or endanger, or prejudice any system or procedure for protecting, the life, health or safety of such a staff member.(4) A determination as to whether there is an overriding public interest against disclosure of information is to be made in accordance with the following principles—(a) The fact that disclosure of information might cause embarrassment to, or a loss of confidence in, the Government is irrelevant and must not be taken into account.(b) The fact that disclosure of information might be misinterpreted or misunderstood by any person is irrelevant and must not be taken into account.
15A Consultation on public interest considerations
(1) This section applies if—(a) there are public interest considerations against disclosure of information (relevant information), as referred to in section 15(3), in a report by the Inspector to Parliament, and(b) the Inspector considers a government sector agency may be able to give the Inspector information relevant to determining whether there is an overriding public interest against disclosure of the relevant information for the purposes of section 15.(2) The Inspector must—(a) give the government sector agency the draft report or part of the draft report, and(b) give the head of the government sector agency a reasonable opportunity to make submissions in relation to the draft report.(3) In determining whether there is an overriding public interest against disclosure of the relevant information for the purposes of section 15, the Inspector must consider submissions made under subsection (2)(b).s 15A: Ins 2025 No 7, Sch 1[20].
16 Provisions relating to reports to Parliament
(1A) Any report to Parliament made by the Inspector under this Act is to be made by furnishing the report to the Presiding Officer of each House of Parliament.(1) A copy of a report furnished to the Presiding Officer of a House of Parliament under this Part is to be laid before that House within 15 sitting days of that House after it is received by the Presiding Officer.(2) The Inspector may include in a report a recommendation that the report be made public immediately.(3) If a report includes a recommendation by the Inspector that the report be made public immediately, a Presiding Officer of a House of Parliament may make it public whether or not that House is in session and whether or not the report has been laid before that House.(4) If such a report is made public by a Presiding Officer of a House of Parliament before it is laid before that House, it attracts the same privileges and immunities as if it had been laid before that House.(5) A Presiding Officer need not inquire whether all or any conditions precedent have been satisfied as regards a report purporting to have been made and furnished in accordance with this Act.(6) If a House of Parliament is not sitting when the Inspector seeks to make the report to that House, the Inspector may furnish the report to the Clerk of that House of Parliament rather than the Presiding Officer of that House.(7) A report presented under subsection (6)—(a) is, when furnished to the Clerk and for all purposes, taken to have been made to the House, and(b) may be printed by authority of the Clerk of the House, and(c) if so printed, is taken to be a document published by or under the authority of the House, and(d) is to be recorded—(i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, andon the first sitting day of the House after receipt of the report by the Clerk.(ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,(8) If a report presented under subsection (6) includes a recommendation by the Inspector that the report be made public immediately, the Clerk of the House—(a) may make it public, and(b) is not required to inquire whether the conditions precedent have been satisfied in relation to a report purporting to have been made in accordance with this Act.s 16: Am 2014 No 14, Sch 1.2 [2] [3]; 2025 No 7, Sch 1[21] [22].
16A Response to Inspector’s recommendations
(1) This section applies if the Inspector includes in a report to Parliament a recommendation relating to a government sector agency or management company.(2) The Inspector may, by written notice, require the head of the government sector agency, or the management company, to give the Inspector, within the reasonable time specified in the notice, information about the government sector agency’s, or the management company’s, response to the recommendation.(3) Without limiting subsection (2), the Inspector may require the following information to be given to the Inspector—(a) the steps taken or proposed to be taken in response to the recommendation,(b) if no steps have been taken or are proposed to be taken in response to the recommendation—the reasons why no steps have been taken or are proposed to be taken.s 16A: Ins 2025 No 7, Sch 1[23].
Part 3 Parliamentary Joint Committee
17 Oversight of functions of Joint Committee
(1) The Joint Committee has the following functions under this Act—(a) to monitor and to review the exercise by the Inspector of the Inspector’s functions,(b) to report to both Houses of Parliament, with such comments as it thinks fit, on any matter appertaining to the Inspector or connected with the exercise of the Inspector’s functions to which, in the opinion of the Joint Committee, the attention of Parliament should be directed,(c) to examine each annual and other report to Parliament of the Inspector and report to both Houses of Parliament on any matter appearing in, or arising out of, any such report,(d) to report to both Houses of Parliament any change which the Joint Committee thinks desirable to the functions, structures and procedures of the Inspector,(e) to inquire into any question in connection with the Inspector’s functions which is referred to it by both Houses of Parliament, and report to both Houses on that question.(2) Nothing in this Part authorises the Joint Committee—(a) to investigate a matter relating to particular conduct, or(b) to reconsider a decision to investigate, not to investigate or to discontinue investigation of a particular complaint, or(c) to reconsider the findings, recommendations, determinations or other decisions of the Inspector in relation to a particular investigation or complaint in relation to any particular conduct the subject of a report.(3) The functions of the Joint Committee may be exercised in respect of matters occurring before or after the commencement of this section.
18 Power to veto proposed appointment of Inspector
(1) The Minister is to refer a proposal to appoint a person as Inspector to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.(2) The Joint Committee has 14 days after the proposed appointment is referred to it to veto the proposal and has a further 30 days (after the initial 14 days) to veto the proposal if it notifies the Minister within that 14 days that it requires more time to consider the matter.(3) The Joint Committee is to notify the Minister, within the time that it has to veto a proposed appointment, whether or not it vetoes it.(4) A referral or notification under this section is to be in writing.
Part 4 Miscellaneous
19 Obstruction of Inspector
A person must not—(a) without reasonable excuse, wilfully obstruct, hinder, resist or threaten the Inspector or a member of staff of the Inspector in the exercise of functions under this Act, or(b) without reasonable excuse, refuse or wilfully fail to comply with any lawful requirement of the Inspector or a member of staff of the Inspector, or(c) wilfully make any false statement to or mislead, or attempt to mislead, the Inspector or a member of staff of the Inspector in the exercise of functions under this Act.Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
20 Protection of complainant against retribution
(1) A person must not take or threaten to take detrimental action against another person because that other person or any other person provides, or proposes to provide, information, documents or evidence to the Inspector, a member of staff of the Inspector or an Official Visitor, in relation to the exercise of the functions of the Inspector, a member of staff of the Inspector or an Official Visitor under this Act.Maximum penalty—50 penalty units or imprisonment for 12 months, or both.(2) It is a defence to a prosecution for an offence under this section if it is proved—(a) that the provision, or proposed provision, of information, documents or evidence referred to in subsection (1) on which the prosecution was based was made or proposed in bad faith, or(b) that any material allegation concerned was known by the person making it to be false.(3) In this section, detrimental action means action causing, comprising or involving any of the following—(a) injury, damage or loss,(b) intimidation or harassment,(c) discrimination, disadvantage or adverse treatment in relation to employment,(d) dismissal from, or prejudice in, employment,(e) disciplinary proceedings.s 20: Am 2025 No 7, Sch 1[24].
21 Exercise of functions in other jurisdictions
(1) The Minister may enter into an arrangement with a Minister of another State or Territory providing for the exercise, in the other State or Territory, of functions conferred on or delegated to the Inspector or a member of staff of the Inspector under the law of the other State or Territory.(2) The Inspector or member of staff, in the other State or Territory, may, in accordance with any such arrangement, exercise functions under the law of the other State or Territory.
22 Protection from liability
A matter or thing done or omitted to be done by the Inspector, a member of staff of the Inspector or a person acting under the direction of the Inspector does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the Inspector, staff member or person so acting personally to any action, liability, claim or demand.
23 Delegation
The Inspector may delegate the exercise of any function of the Inspector under this Act (other than this power of delegation) to—(a) any member of staff of the Inspector, or(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
24 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
25 Disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing functions on the Inspector) unless that disclosure is made—(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act (or any such other Act), or(c) for the purposes of any legal proceedings arising out of this Act (or any such other Act) or of any report of any such proceedings, or(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or(e) with other lawful excuse.Maximum penalty—10 penalty units.
25A Compellability of Inspector
(1) The Inspector is not compellable, in proceedings before a court, tribunal, authority or other body or person—(a) to give evidence about information obtained in exercising a function under this Act, or(b) to produce documents containing information obtained in exercising a function under this Act.(2) Subsection (1) does not apply to the following—(a) proceedings under section 19 or 20,(b) proceedings under the Royal Commissions Act 1923, Part 3,(c) proceedings under the Special Commissions of Inquiry Act 1983, Part 4,(d) proceedings under the Government Information (Public Access) Act 2009, Part 5 arising as a consequence of a decision made by the Inspector in relation to an access application under that Act,(e) proceedings under the Police Act 1990, section 167A,(f) proceedings under the Public Interest Disclosures Act 2022, section 33 or 37,(g) proceedings under the Ombudsman Act 1974, Part 3,(h) proceedings under the Independent Commission Against Corruption Act 1988, Part 4,(i) proceedings under the Law Enforcement Conduct Commission Act 2016, Part 6.(3) Subsection (1) applies to the following persons in the same way as it applies to the Inspector—(a) a member of staff of the Inspector,(b) a person referred to in section 5(2) or (3).s 25A: Ins 2025 No 7, Sch 1[25]. Am 2025 No 62, Sch 10.
26 Sharing of information with Ombudsman
(1) The Inspector may, at any time, furnish to the Ombudsman information obtained by the Inspector in discharging functions under this or any other Act if the Inspector is of the opinion that the information relates to conduct that could be the subject of a complaint under the Ombudsman Act 1974.(2) The Ombudsman may at any time furnish to the Inspector information obtained by the Ombudsman in discharging functions under the Ombudsman Act 1974 or any other Act if the Ombudsman is of the opinion that the information relates to a custodial centre or a custodial service that could be the subject of the exercise of the functions of the Inspector.(3) However—(a) the Inspector must not disclose information that could not otherwise be disclosed under this Act or could not be obtained by the Ombudsman under the Ombudsman Act 1974 or any other Act, and(b) the Ombudsman must not disclose information that could not otherwise be disclosed under the Ombudsman Act 1974 or could not be obtained by the Inspector under this or any other Act.
27 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(1A) Without limiting subsection (1), regulations may be made about Official Visitors, including to prescribe functions of Official Visitors.(2) A regulation may create an offence punishable by a penalty not exceeding 100 penalty units.s 27: Am 2025 No 7, Sch 1[26].
28 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of commencement of this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1 Provisions relating to Inspector
1 Eligibility for appointment
The following persons are not eligible to be appointed as Inspector or to act in that office—(a) a person who is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth,(b) a person who is, or has been within the previous 3 years, employed as a custodial centre staff member,(c) a person who is to any extent responsible for the management of, or who is employed at or in connection with, a custodial centre,(d) a person who has, or who has had, any interest in an agreement under Part 12 (Engagement of contractors) of the Crimes (Administration of Sentences) Act 1999.
2 Acting Inspector
(1) The Governor may, from time to time, appoint a person to act in the office of Inspector during the illness or absence of the Inspector. The person, while so acting, has all the functions of the Inspector and is taken to be the Inspector.(2) The Governor may, at any time, remove a person from the office to which the person was appointed under this clause.(3) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine.(4) For the purposes of this clause, a vacancy in the office of Inspector is taken to be an absence from the office of Inspector.
3 Basis of office
(1) The office of Inspector may be a full-time or part-time office, according to the terms of appointment.(2) The holder of a full-time office referred to in subclause (1) is required to hold it on that basis, except to the extent permitted by the Governor.
4 Terms of office
(1) Subject to this Schedule, the Inspector holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.(2) A person may not hold the office of Inspector for terms totalling more than 10 years.
5 Remuneration
The Inspector is entitled to be paid—(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and(b) such travelling and subsistence allowances as the Minister may from time to time determine.
6 Vacancy in office
(1) The office of Inspector becomes vacant if the holder—(a) dies, or(b) completes a term of office and is not re-appointed, or(c) holds office for longer than the relevant term mentioned in clause 4, or(d) resigns the office by instrument in writing addressed to the Governor, or(e) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(i) ceases to be eligible for appointment as Inspector under clause 1, or(j) is removed from office under subclause (2).(2) The Governor may remove an Inspector from office for incapacity, incompetence, misbehaviour or unsatisfactory performance.
7 Filling of vacancy
If the office of Inspector becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
8 Effect of certain other Acts
(1) The office of Inspector is a statutory office and the Government Sector Employment Act 2013 (including Part 6) does not apply to that office.(2) If by or under any other Act provision is made—(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, orthe provision does not operate to disqualify the person from holding that office and also the office of Inspector or from accepting and retaining any remuneration payable to the person under this Act as Inspector.(b) prohibiting the person from engaging in employment outside the duties of that office,
sch 1: Am 2015 No 15, Sch 3.36 [7] .
Schedule 2 Savings, transitional and other provisions
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of Inspector of Custodial Services Amendment Act 2025
2 Existing Official Visitors
(1) A person who, immediately before the commencement date, was an Official Visitor appointed under the Crimes (Administration of Sentences) Act 1999, section 228 is taken to be—(a) an Official Visitor (Adults) appointed under this Act, section 8B, and(b) assigned to the adult custodial centre to which the person was, immediately before the commencement date, assigned, and(c) if the person was, immediately before the commencement date, assigned to a correctional complex—assigned to each correctional centre in the correctional complex.(2) A person who, immediately before the commencement date, was an Official Visitor appointed under the Children (Detention Centres) Act 1987, section 8A is taken to be—(a) an Official Visitor (Children) appointed under this Act, section 8C, and(b) assigned to the juvenile justice centre for which the person was, immediately before the commencement date, appointed as an Official Visitor.(3) In this clause—commencement date means the date on which sections 8B and 8C, as inserted by the Inspector of Custodial Services Amendment Act 2025, commence.
sch 2: Am 2025 No 7, Sch 1[27].
Schedule 3 Official Visitors
sections 8B and 8C
Note—
A reference to the Minister in this schedule is taken to be, in relation to an Official Visitor (Children), a reference to the CDC Minister—see this Act, section 8C(5).
1 Term of office
Subject to this schedule, an Official Visitor—(a) holds office for the period, not greater than 4 years, specified in the Official Visitor’s instrument of appointment, and(b) is eligible, if otherwise qualified, for reappointment.
2 Remuneration
An Official Visitor, including an acting Official Visitor, is entitled to be paid the remuneration, including travelling and subsistence allowances, determined by the Minister.Note—Under the Interpretation Act 1987, section 47, the power to appoint a person to an office includes the power to appoint a person to act in that office in certain circumstances.
3 Vacancy in office
(1) The office of an Official Visitor becomes vacant if the Official Visitor—(a) dies, or(b) completes a term of office and is not reappointed, or(c) resigns the office by written instrument addressed to the Minister, or(d) is removed from office by the Minister under this clause, or(e) becomes personally insolvent, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or(h) is convicted outside of New South Wales of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more.(2) The Minister may remove an Official Visitor from office at any time.(3) Without limiting subclause (2), the Minister may—(a) remove an Official Visitor from office if—(i) the Official Visitor is found to have an interest in a management agreement or the management company under a management agreement, and(ii) the Minister considers the person should not be an Official Visitor because of the interest, and(b) remove an Official Visitor from office if the Official Visitor is found to have made a declaration under section 8E that was false or misleading in a material particular.
sch 3: Rep 1987 No 15, sec 30C. Ins 2025 No 7, Sch 1[28].