19Visiting Justices

1. Every District Court Judge is a Visiting Justice for every prison.

2. The Governor-General may, on the recommendation of the Minister of Justice, appoint any Justice of the Peace or barrister or solicitor of the High Court to be a Visiting Justice for every prison.

3. When recommending the appointment of any person under subsection (2), the Minister of Justice must have regard to the desirability of ensuring that the persons holding office under subsection (2) represent a reasonable balance between—

4. Justices of the Peace; and
5. barristers or solicitors of the High Court.

6. Every Visiting Justice has the following powers in respect of each prison:

7. visiting and inspecting the prison and, at his or her discretion, interviewing any prisoner:
8. examining the treatment and conduct of prisoners:
9. inquiring into all abuses or alleged abuses within the prison or in connection with it:
10. inquiring into any matter referred to him or her by the chief executive:
11. for any of the purposes of this section, taking evidence on oath or otherwise:
13. dealing with offences against discipline in accordance with this Act and any regulations made under this Act:
14. reporting in writing to the chief executive on any of the matters referred to in paragraphs (a) to (g) or on any other matters related to the prison, as often as the Visiting Justice considers appropriate, and whenever requested to do so by the chief executive.

15. Whenever a Visiting Justice reports to the chief executive under subsection (4)(h) about any matter concerning a Police jail or a prisoner detained in a Police jail, the Visiting Justice must forward a copy of his or her report to the Commissioner of Police.

16. A Visiting Justice appointed under subsection (2)—

17. holds office for a term of 3 years; and
18. may, from time to time, be reappointed; and
19. unless he or she sooner vacates, or ceases to hold, or is removed from office under subsection (7), continues to hold office until his or her successor comes into office, even though the term for which he or she was appointed has expired.

20. A Visiting Justice appointed under subsection (2)—

21. may resign from the office by delivering to the Minister of Justice a notice in writing to that effect and stating when the resignation takes effect:
22. ceases to hold office if he or she dies:
23. ceases to hold office if he or she is, under the Insolvency Act 2006, adjudged bankrupt:
24. may, at any time, be removed from the office by the Governor-General for inability to perform the functions of office, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General:
25. has and enjoys, in the performance of his or her duties under this Act, the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4A to 4F of the Justices of the Peace Act 1957.