You will need to consider s. 22 in assessing legislation, a policy or a program where it:

  • enables a public or private authority to detain individuals;
  • relates to the conditions under which an individual may be detained;
  • concerns standards and procedures for treatment of individuals who are detained, including the range of custody and supervision services (for example, use of force, dietary choice, access to private shower and toilet facilities);
  • permits the enforcement authorities to hold individuals for any length of time;
  • authorises enforcement officers to hold individuals in a place with limited facilities or services for the care and safety of detainees;
  • enables enforcement officers to undertake personal searches of individuals detained in custody or detainee visitors. (Enforcement officers include law enforcement officers but also officers, commonly known as ‘inspectors’ and ‘authorised officers’, who are appointed and authorised to exercise powers of entry, investigation, search, inspection, monitoring, detention, seizure, confiscation and the issuing of notices.);
  • requires persons in detention to answer questions, particularly of a self-incriminating kind.


These policy triggers are not comprehensive.