Document ID: chunk:federal_register_of_legislation:C2024C00645:section:20:p3
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 20 (pt 3/4)
Character Range: 53532–56297

of the complaint could be more effectively or conveniently dealt with by the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986, the Commission decides not to inquire, or not to continue to inquire, into that act or practice;
the Commission must:
 (c) consult the Inspector‑General in relation to transferring the complaint or part of the complaint; and
 (d) if the Inspector‑General agrees to the transfer of the complaint or part of the complaint—transfer the complaint or part to the Inspector‑General as soon as is reasonably practicable; and
 (e) as soon as is reasonably practicable, take reasonable steps to give notice in writing to the complainant stating that the complaint or part has been so transferred; and
 (f) give to the Inspector‑General any information or documents that relate to the complaint or part and are in the possession, or under the control, of the Commission.
 (4D) Without limiting subsection (4C), the Commission may consult with, and obtain an agreement from, the Inspector‑General of Intelligence and Security by entering into an arrangement with the Inspector‑General relating to the transfer of complaints (or parts) generally.
 (5) Where it appears to the Commission that:
 (a) a person wishes to make a complaint to the effect that another person has done an act, or engaged in a practice, that is inconsistent with or contrary to any human right; and
 (b) that person requires assistance to formulate the complaint or to reduce it to writing;
it is the duty of the Commission to take reasonable steps to provide appropriate assistance to that person.
 (6) A person who is detained in custody (in this subsection and subsection (7) referred to as the detainee) is entitled:
 (a) upon making a request to the person (in this subsection and subsection (7) referred to as the custodian) in whose custody the detainee is detained, or to any other person (in this subsection and subsection (7) referred to as a custodial officer) performing duties in connection with the detention:
 (i) to be provided with facilities for preparing a complaint in writing under this Division, for giving in writing to the Commission, after the complaint has been made, any other relevant information and for enclosing the complaint or the other information (if any) in a sealed envelope; and
 (ii) to have sent to the Commission, without undue delay, a sealed envelope delivered by the detainee to the custodian or to a custodial officer and addressed to the Commission; and
 (b) to have delivered to the detainee, without undue delay, any sealed envelope, addressed to the detainee and sent by the Commission, that comes into the possession or under the control of the custodian or of a