Inspector of Custodial Services Act 2003 (WA)

Western Australia Inspector of Custodial Services Act 2003 Western Australia Inspector of Custodial Services Act 2003 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Notes not part of law 4 Part 2 — Office of Inspector Division 1 — Inspector 5. Office of Inspector continued 5 6. Appointment of Inspector 5 7. Conditions of appointment 5 8. Oath or affirmation 6 9. Removal of Inspector from office 6 10. Portability of superannuation and other entitlements 7 Division 2 — Acting appointments 11. Acting appointments made by Governor 7 12. Acting appointments made by Inspector 8 13. Matters relevant to all acting appointments 8 14. Acting Inspector: functions etc. 8 15. Savings 8 Division 3 — Staff 16. Staff 9 Part 3 — Relationship with Minister 17. Directions of Minister 10 18. Minister to have access to information 10 Part 4 — Functions and powers of Inspector Division 1 — Functions 19. Inspection of places: mandatory 12 20. Inspection report 12 21. Inspection of places: occasional 12 22. Review of custodial services: occasional 12 23. Reporting on occasional inspections and reviews 13 24. Providing reports, draft inspection reports to interested persons 13 25. Notifications 13 26. Relationship of Inspector's functions to other laws 14 Division 2 — Powers 27. Powers of Inspector 15 28. Access to prisons etc. 15 29. Access to detention centres etc. 16 30. Access to court custody centres, lock‑ups etc. 16 31. Matters relevant to access powers 18 32. Offence to hinder etc. persons exercising access powers 19 33A. Inspector may give chief executive officer or CEO show cause notice 19 Part 5 — Reporting 33. Annual reporting 21 34. Inspection reports and reports of occasional inspections and reviews 22 35. Laying before Parliament annual reports, inspection reports and reports of occasional inspections and reviews 23 36. Chief judicial officers to receive copy of inspection reports, reports of occasional inspections and reviews affecting court 24 37. Submissions in certain cases before completion of reports 24 38. Reporting requirements under Financial Management Act 2006 25 Part 6 — Independent visitor service 39. Appointment of independent prison visitors 26 40. Duties of independent prison visitors 26 41. Appointment of independent detention centre visitors 27 42. Duties of independent detention centre visitors 27 43. Inspector to deal with reports of independent prison visitors and independent detention centre visitors 28 Part 7 — Disclosure of information 44. Disclosure of information permitted for consultation purposes 29 45. Disclosure of certain other information permitted 29 46. Disclosure of information permitted if in certain interests to do so 30 47. Confidentiality 31 48. Directions to not disclose information 31 Part 8 — Other offences 49. Hindering and other offences 32 50. Victimisation 33 Part 9 — Miscellaneous 51. Security and safety considerations 34 52. Protection from liability 34 53. Documents sent to or by the Inspector not admissible 34 54. Protection for proceedings in Cabinet 35 55. Regulations 35 56. Amendment of the Prisons Regulations 1982 35 57. Savings and transitional provisions 35 Schedule 1 — Application of Financial Management Act 2006 to office of the Inspector Division 2 — Reports by accountable authority of office of Inspector of Custodial Services 61. Reports by accountable authority of office of Inspector of Custodial Services 36 62. Financial statements 37 63. Accountable authority to submit financial reports and other information 37 Schedule 3 — Savings and transitional 1. Terms used 39 2. Interpretation Act 1984 applies 39 3. Persons holding offices under, or employed etc. for purposes of repealed provisions 39 4. Reporting 40 5. Calculating maximum period between inspections for first inspection of a place under this Act 40 6. Independent prison visitors and independent detention centre visitors 40 Notes Compilation table 42 Defined terms Western Australia Inspector of Custodial Services Act 2003 An Act to provide for an independent agency to inspect certain places where prisoners, detainees or other persons in custody are held and to review certain custodial services, to provide for an independent visitor service for prisons and detention centres, to consequentially amend various Acts and regulations 2, and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Inspector of Custodial Services Act 2003 1. 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent 1. 3. Terms used In this Act, unless the contrary intention appears — CEO has the meaning giving to that term in the Court Security and Custodial Services Act 1999 section 3; chief judicial officer of a court has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3; court custodial services has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3; court custody centre has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3; court premises has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3; custodial service, in relation to a detention centre, means — (a) the management, control or security of the centre; or (b) the security, control, safety, care or welfare of detainees at the centre, and includes an administrative arrangement in relation to a matter mentioned in paragraph (a) or (b); custodial service, in relation to a prison, means — (a) the management, control or security of the prison; or (b) the security, control, safety, care or welfare of prisoners committed to the prison, and includes an administrative arrangement in relation to a matter mentioned in paragraph (a) or (b); custodial service (CSCS Act) has the meaning given to "custodial service" in the Court Security and Custodial Services Act 1999 section 3 and includes an administrative arrangement in relation to such a matter; detainee means a person who is detained in a detention centre; detention centre has the same meaning as it has in the Young Offenders Act 1994 section 3 and includes any other place where a detainee is detained under that Act that is managed or otherwise controlled by the chief executive officer as defined in that section; independent detention centre visitor means a person appointed under section 41 to be an independent detention centre visitor; independent prison visitor means a person appointed under section 39 to be an independent prison visitor; inspection report means a report under section 20; Inspector means the holder of the office of Inspector of Custodial Services continued by section 5; lock‑up has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3; Note for this definition: lock‑up in this Act does not include a lock‑up that is managed or controlled by the Commissioner of Police. person in custody means — (a) a person in custody as defined in the Court Security and Custodial Services Act 1999 section 3 for whom the CEO is responsible under that Act; or (b) an intoxicated detainee as defined in the Court Security and Custodial Services Act 1999 section 3 for whom the CEO is responsible under that Act; prison has the meaning given to that term in the Prisons Act 1981 section 3(1) and includes any other place where a prisoner is confined or kept under that Act that is managed or otherwise controlled by the chief executive officer as defined in that section; prisoner has the meaning given to that term in the Prisons Act 1981 section 3(1); public service officer has the meaning given to that term in the Public Sector Management Act 1994 section 3(1); staff, in relation to the Inspector, means a person referred to in section 16(1), (2) or (3). 4. Notes not part of law Notes in this Act are provided to assist understanding and do not form part of the Act. Part 2 — Office of Inspector Division 1 — Inspector 5. Office of Inspector continued The office of Inspector of Custodial Services created by the Prisons Act 1981 section 109A is continued. 6. Appointment of Inspector (1) The Governor is to appoint an appropriately qualified person to the office of Inspector. (2) The Public Sector Management Act 1994 does not apply to, or in relation to, the appointment of the Inspector and the Inspector is not subject to that Act. (3) Subject to this Act, the Inspector holds office for such term of not more than 7 years as is specified in the appointment and is eligible for reappointment for one or more terms each of not more than 7 years. (4) A person who is or has been within the preceding 3 years a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed as Inspector. 7. Conditions of appointment (1) The Inspector — (a) is to be paid salary and allowances at the yearly rates that are determined by the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975; and (b) has the leave and other entitlements that are determined by the Governor and which cannot be reduced during a term of appointment. (2) The salary and allowances payable to the Inspector are to be charged to the Consolidated Account and this subsection appropriates the Consolidated Account accordingly. [Section 7 amended: No. 77 of 2006 s. 4.] 8. Oath or affirmation (1) Before performing the functions of his or her office the Inspector is to take an oath or affirmation that he or she will faithfully and impartially perform the duties of the office, and that he or she will not, except in accordance with this Act, divulge any information received by him or her under this Act or any other law. (2) The oath or affirmation is to be administered by the Governor. 9. Removal of Inspector from office (1) The Governor may remove the Inspector from office — (a) for — (i) misbehaviour or incompetence; or (ii) physical or mental incapacity, other than temporary illness, impairing the performance of the Inspector's functions; or (b) if the Inspector is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws. (2) In subsection (1)(a)(i) — misbehaviour includes conduct that renders the Inspector unfit to hold office as Inspector even though the conduct does not relate to any function of the office. [Section 9 amended: No. 18 of 2009 s. 46.] 10. Portability of superannuation and other entitlements (1) If a public service officer is appointed to the office of Inspector he or she is entitled to retain all existing and accruing rights, including those as to superannuation, as if his or her service in that office were a continuation of his or her service as a public service officer. (2) If a person ceases to hold the office of Inspector and becomes a public service officer, his or her service in that office is to be regarded as service in the Public Service for the purposes of determining his or her rights, including those as to superannuation, as a public service officer. (3) If — (a) immediately before his or her appointment the Inspector occupied an office under the Public Sector Management Act 1994 Part 3; and (b) his or her term of office as Inspector expires by effluxion of time and he or she is not reappointed, that person is entitled to be appointed to an office under the Public Sector Management Act 1994 Part 3 that is not lower in status than the office which he or she occupied immediately before the appointment to the office of Inspector. Division 2 — Acting appointments 11. Acting appointments made by Governor The Governor may appoint a person to act in the office of the Inspector — (a) during a vacancy in the office; or (b) during any period or during all periods when the person holding or appointed to act in that office is absent from duty or is for any other reason unable to perform the functions of the office. 12. Acting appointments made by Inspector (1) If the Governor has not appointed a person under section 11 the Inspector may appoint a person to act in the office of the Inspector in the circumstances referred to in section 11(b) — (a) for not more than 4 weeks at a time; and (b) for not more than 6 weeks in a 12 month period. (2) If the Inspector appoints a person under subsection (1) and the Governor later appoints a person under section 11 whose term of appointment is to begin before the term of the Inspector's appointee has ended, the term of appointment of the Inspector's appointee has no effect on and from the day when the term of the Governor's appointee begins. 13. Matters relevant to all acting appointments (1) A person who is or has been within the preceding 3 years a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed to act in the office of Inspector. (2) An appointment under section 11 or 12 may be made at any time and may be expressed to have effect only in the circumstances specified in the instrument of appointment. 14. Acting Inspector: functions etc. A person who is acting in the office of Inspector is to perform all the Inspector's functions and, when performing those functions, is subject to all relevant provisions of this Act and any other law applying to the Inspector. 15. Savings The validity of anything done by or in relation to a person purporting to act in the office of Inspector under an appointment made under section 11 or 12 cannot be called in question on the ground that — (a) the occasion for the appointment had not arisen; or (b) there is a defect or irregularity in the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. Division 3 — Staff 16. Staff (1) The staff necessary for the performance of the Inspector's functions are to be appointed under the Public Sector Management Act 1994 Part 3. (2) A person may be appointed or engaged for the purpose of giving expert advice or other assistance in relation to the performance of the Inspector's functions. (3) The Inspector may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a State agency or instrumentality; or (c) otherwise in the service of the Crown in right of the State. (4) The Inspector may by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (5) An arrangement under subsection (3) or (4) is to be made on such terms as are agreed to by the parties. Part 3 — Relationship with Minister 17. Directions of Minister (1) Except as provided in this section, the Inspector is not subject to direction by the Minister or any other person in the performance of the Inspector's functions. (2) The Minister may, in writing, direct the Inspector to — (a) inspect a prison, detention centre, court custody centre or lock‑up; (b) to review a custodial service in relation to a prison or detention centre or a custodial service (CSCS Act) or an aspect of that service, and report on a specified matter of significance. (3) The Minister, after consultation with the Inspector, may issue to the Inspector written directions as to the performance of any of the Inspector's functions but a direction cannot be issued in respect of a particular case. (4) The text of each direction under subsection (2) or (3) is to be included in the Inspector's annual report under section 33. (5) The Inspector must comply with a direction under subsection (2) or (3) unless, in the Inspector's opinion, there are exceptional circumstances for not complying. (6) If the Inspector refuses to comply with a direction under subsection (2) or (3) he or she must prepare written reasons for the failure to comply and cause the text of those reasons to be included in the Inspector's annual report under section 33. 18. Minister to have access to information (1) Subject to this section the Minister is entitled — (a) to have information in the possession of the Inspector; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Inspector to furnish information to the Minister; (b) request the Inspector to give the Minister access to information; (c) for the purposes of paragraph (b) make use of the Inspector's staff to obtain the information and furnish it to the Minister. (3) The Inspector must comply with a request under subsection (2) and make his or her staff and facilities available to the Minister for the purposes of subsection (2)(c) unless, in the Inspector's opinion, it would not be in the public interest to provide the information. (4) If the Inspector refuses to comply with a request under subsection (2) he or she must prepare written reasons for the failure to comply and cause the text of those reasons to be included in the Inspector's annual report under section 33. (5) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored; information means information specified, or of a description specified, by the Minister that relates to the Inspector's functions. Part 4 — Functions and powers of Inspector Division 1 — Functions 19. Inspection of places: mandatory At least once every 3 years the Inspector is to inspect each — (a) prison; and (b) detention centre; and (c) court custody centre; and (d) lock‑up. 20. Inspection report (1) The Inspector is to prepare an inspection report on his or her findings in relation to each inspection under section 19. (2) An inspection report may contain such advice or recommendations as the Inspector considers appropriate in relation to the findings. 21. Inspection of places: occasional In addition to the requirement to inspect a place under section 19, the Inspector may inspect the place at any other time and on any number of occasions. 22. Review of custodial services: occasional (1) The Inspector may, at any time, review any of the following or any aspect of the following — (a) a custodial service in relation to a prison; (b) a custodial service in relation to a detention centre; (c) a custodial service (CSCS Act). (2) Without limiting subsection (1), a review may be carried out under that subsection of the following or any aspect of the following — (a) a custodial service in relation to one or more particular prisoners; (b) a custodial service in relation to one or more particular detainees; (c) a custodial service (CSCS Act) in relation to one or more particular persons in custody. [Section 22 amended: No. 52 of 2011 s. 4.] 23. Reporting on occasional inspections and reviews The Inspector may, at any time, report to the Minister on any matter relating to an inspection under section 21 or a review under section 22 and give advice or make recommendations as the Inspector considers appropriate in relation to the matter. 24. Providing reports, draft inspection reports to interested persons The Inspector may, at any time, deliver to the Minister or any other person having an interest in the subject matter of the document — (a) a draft inspection report; or (b) a report prepared by the Inspector on a matter relating to an inspection under section 21 or a review under section 22. 25. Notifications (1) Subject to subsection (2), it is not necessary for any person to be given notice of the Inspector's intention to perform any of the Inspector's functions. (2) The Inspector is to give, within a reasonable time, the chief judicial officer of a court written notice of the Inspector's intention — (a) to inspect a court custody centre that is part of the court premises; or (b) to review any court custodial services, or any aspect of court custodial services, affecting the court. (3) The Inspector is to consult the chief judicial officer of a court in relation to — (a) an inspection of a court custody centre that is part of the court premises; and (b) a review of any court custodial services, or any aspect of court custodial services, affecting the court. 26. Relationship of Inspector's functions to other laws (1) The Inspector is to ensure that the performance of any of the Inspector's functions is not likely to delay, interfere with or duplicate — (a) an inquiry under the Prisons Act 1981 section 9; or (b) an inquiry under the Court Security and Custodial Services Act 1999 section 44; or (c) an investigation, inquiry or other action taken by the Corruption and Crime Commission or Public Sector Commissioner under the Corruption, Crime and Misconduct Act 2003; or (d) an investigation by the Parliamentary Commissioner for Administrative Investigations under the Parliamentary Commissioner Act 1971. (2) The Inspector may refer a complaint or grievance concerning a particular individual to the Parliamentary Commissioner for Administrative Investigations or any other government agency having a function to deal with the matter but it is not a function of the Inspector to deal with the matter other than — (a) to inform the complainant of the role of the Inspector; or (b) to deal with the matter in the context of an inspection of a place or a review of a custodial service. [Section 26 amended: No. 8 of 2009 s. 78(2); No. 35 of 2014 s. 34.] Division 2 — Powers 27. Powers of Inspector The Inspector has power to do all things necessary or convenient to be done for or in connection with the performance of the Inspector's functions. 28. Access to prisons etc. (1) For the purpose of performing the Inspector's functions under section 19(a), section 21 in relation to a prison, or section 22(1)(a) or (2)(a), the Inspector or any person authorised by the Inspector, at any time and with any assistants and equipment that the Inspector or authorised person thinks are necessary, may have free and unfettered access to — (a) a prison or any part of a prison; and (b) a prisoner in a prison; and (c) a person whose work is concerned with a prison; and (d) a vehicle used to transport prisoners; and (e) a prisoner in such a vehicle; and (f) a person whose work is concerned with such a vehicle; and (g) all documents in the possession of the Department in relation to a prison or to a custodial service in relation to a prison or to a person who is, or has been, a prisoner; and (h) all documents in the possession of a contractor or a subcontractor in relation to — (i) a prison that is a subject of a contract; or (ii) a custodial service in relation to a prison that is a subject of a contract; or (iii) a person who is, or has been, a prisoner in a prison that is a subject of a contract. (2) In subsection (1) — contract, contractor, Department and subcontractor each has the meaning given to that term in the Prisons Act 1981 section 3(1). [Section 28 amended: No. 52 of 2011 s. 5.] 29. Access to detention centres etc. (1) For the purpose of performing the Inspector's functions under section 19(b), section 21 in relation to a detention centre, or section 22(1)(b) or (2)(b), the Inspector or any person authorised by the Inspector, at any time and with any assistants and equipment that the Inspector or authorised person thinks are necessary, may have free and unfettered access to — (a) a detention centre or any part of a detention centre; and (b) a detainee in a detention centre; and (c) a person whose work is concerned with a detention centre; and (d) a vehicle used to transport detainees; and (e) a detainee in such a vehicle; and (f) a person whose work is concerned with such a vehicle; and (g) all documents in the possession of the Department in relation to a detention centre or to a custodial service in relation to a detention centre or to a person who is, or has been, a detainee. (2) In subsection (1) — Department has the meaning given to that term in the Young Offenders Act 1994 section 3. [Section 29 amended: No. 52 of 2011 s. 6.] 30. Access to court custody centres, lock‑ups etc. (1) For the purpose of performing the Inspector's functions under section 19(c) or (d), section 21 in relation to a court custody centre or lock‑up, or section 22(1)(c) or (2)(c), the Inspector or any person authorised by the Inspector, at any time and with any assistants and equipment that the Inspector or authorised person thinks are necessary, may have free and unfettered access to — (a) a court custody centre, a lock‑up or any part of such a place; and (b) a person in custody in a court custody centre or lock‑up; and (c) a person whose work is concerned with a court custody centre or lock‑up; and (d) a vehicle used for moving persons for whom the CEO is responsible under the Court Security and Custodial Services Act 1999 section 16; and (e) a person in custody in such a vehicle; and (f) a person whose work is concerned with such a vehicle; and (g) all documents in the possession of the Department in relation to a court custody centre or lock‑up or a custodial service (CSCS Act) or to a person who is, or has been, a person in custody — (i) in a court custody centre or lock‑up; or (ii) in a vehicle described in paragraph (d); or (iii) in relation to whom a custodial service (CSCS Act) is, or has been, provided; and (h) all documents in the possession of a contractor or a subcontractor in relation to — (i) a court custody centre or lock‑up that is a subject of a contract; or (ii) a custodial service (CSCS Act) that is a subject of a contract; or (iii) a person who is, or has been, a person in custody — (I) in a court custody centre or lock‑up that is a subject of a contract; or (II) in a vehicle described in paragraph (d); or (III) in relation to whom a custodial service (CSCS Act) that is a subject of a contract is, or has been, provided. (2) In subsection (1) — contract, contractor, Department and subcontractor each has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3. [Section 30 amended: No. 52 of 2011 s. 7.] 31. Matters relevant to access powers (1) The Inspector may authorise a person for the purposes of section 28(1), 29(1) or 30(1). (2) An authorisation must be in writing and may be made subject to such conditions and limitations specified in the authorisation as the Inspector thinks fit. (3) The Inspector may revoke an authorisation if the Inspector considers it appropriate to do so. (4) Without limiting subsection (3), the Minister may revoke a person's authorisation if the person has adversely affected, or is likely to adversely affect — (a) the good order or the security of a prison, detention centre, court custody centre or lock‑up, or vehicle referred to in section 28(1)(d), 29(1)(d) or 30(1)(d); or (b) the safety of any person at such a place or in such a vehicle or whose work is connected with such a place or vehicle. (5) Nothing in this section or in section 28, 29 or 30 limits any entitlement that a person has, under a written law, to have access to a place, vehicle, person or document referred to in those sections. (6) A power under a written law to ban a person from visiting a prison, detention centre, court custody centre or lock‑up cannot be exercised in respect of the Inspector or any person who is authorised for the purposes of section 28(1), 29(1) or 30(1). 32. Offence to hinder etc. persons exercising access powers A person must not hinder or resist another person who is exercising or attempting to exercise a power under section 28(1), 29(1) or 30(1) if the other person is — (a) the Inspector; or (b) a person authorised by the Inspector for the purposes of the relevant provision; or (c) a person assisting the Inspector or a person referred to in paragraph (b). Penalty: $20 000. 33A. Inspector may give chief executive officer or CEO show cause notice (1) In this section — responsible officer means — (a) in relation to a prisoner — the chief executive officer as defined in the Prisons Act 1981 section 3(1); or (b) in relation to a detainee — the chief executive officer as defined in the Young Offenders Act 1994 section 3; or (c) in relation to a person in custody — the CEO. (2) Subsection (3) applies if the Inspector suspects on reasonable grounds — (a) that there is, or has been, a serious risk to the security, control, safety, care or welfare of a prisoner, detainee or person in custody; or (b) that a prisoner, detainee or person in custody is being, or has been, subjected to cruel, inhuman or degrading treatment. (3) The Inspector may give the responsible officer a written notice (a show cause notice) — (a) specifying the matters in relation to which subsection (2)(a) or (b) applies; and (b) requiring the responsible officer to show cause why the Inspector should not refer those matters to the Minister. (4) The show cause notice must specify a period of at least 3 days within which the notice must be complied with. (5) The responsible officer may, within the period specified in the show cause notice, make submissions, either orally or in writing, or provide evidence to the Inspector with respect to the matters specified in the notice. (6) Having considered any submissions made or evidence provided under subsection (5), the Inspector — (a) may refer any matter specified in the show cause notice to the Minister; or (b) may decide to take no further action with respect to the matter. (7) If the Inspector refers a matter to the Minister under subsection (6)(a), the Inspector must give advice or make recommendations to the Minister as the Inspector considers appropriate in relation to the matter. (8) The Inspector may, by written notice given to the responsible officer, withdraw a show cause notice. [Section 33A inserted: No. 52 of 2011 s. 8.] Part 5 — Reporting 33. Annual reporting (1) The Inspector, as soon as is practicable in each year but not later than 30 September, is to deliver a copy of the report referred to in subsection (2) to each of — (a) the Speaker of the Legislative Assembly and the President of the Legislative Council who are to keep the copies of the report in safe custody; and (b) the Minister, who may prepare a response to the report. (2) The report, copies of which are to be delivered under subsection (1), is a report on the performance of the Inspector's functions for the period of 12 months ending on the preceding 30 June, including — (a) if the Financial Management Act 2006 and the Auditor General Act 2006 apply at the particular time to the office of the Inspector — (i) the annual report required under Part 5 Division 2 of the Financial Management Act 2006 as that Division applies in respect of the office under section 38 of this Act; and (ii) the opinion prepared and signed by the Auditor General under the Auditor General Act 2006 section 15 (if applicable) on the financial statements and other information submitted for that period under the Financial Management Act 2006 section 63 as that section applies in respect of the office under section 38 of this Act; and (b) the text of the directions given under section 17(2) and (3) in that period; and (c) the text of the reasons prepared under section 17(6) or 18(4); and (d) a list of the places referred to in section 19 that have been inspected since the preceding 30 June, noting the day on which the list was prepared; and (e) a list of the places referred to in section 19 that are proposed to be inspected in the period up to the next 30 June; and (f) if the Inspector considers it appropriate to include those details in the report — details of any show cause notice given under section 33A(3) in the period of 12 months ending on the preceding 30 June. (3A) If, under subsection (2)(f), the Inspector includes in the report details of a show cause notice, the Inspector must also include details of any submissions made or evidence provided to the Inspector under section 33A(5) with respect to the matters specified in the notice. (3B) If the Inspector considers it appropriate to do so because of the extent of the submissions made or evidence provided to the Inspector under section 33A(5), the Inspector may comply with subsection (3A) by including in the report a summary of those submissions or that evidence. (3) If the Inspector is not able to cause to be prepared by 30 September in a year a report referred to in subsection (2) the Inspector, by that date, is to inform both Houses of Parliament of the inability to do so and the reasons for that inability. [Section 33 amended: No. 5 of 2005 s. 41(2); No. 77 of 2006 Sch. 1 cl. 90(1); No. 52 of 2011 s. 9.]