Official Visitor Amendment Act 2013 (ACT)
Official Visitor Amendment Act 2013
A2013-22
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Section 2 2
5 Ending appointmentSection 12 (1) (b) (i) 3
6 Section 15 heading 3
7 New section 15 (1A) 3
8 Official visitor must report non-compliant visitable placesNew section 16 (2) (b) (iii) 4
9 Reporting of complaints New section 17 (2) (c) 4
10 Assistance to official visitorsSection 18 (1) and example and note 4
11 Section 18 (4) 4
12 Offences—failure to provide assistance etcSection 19 (4), definition of person in charge, paragraph (a) 5
13 Part 5 heading 5
14 Requests to meet official visitorSection 21 (2) 5
15 Section 23 heading 5
16 Section 23 (1) 6
17 New part 5A 6
18 Protection of officials from liabilitySection 24 (3), definition of official, new paragraph (aa) 7
19 Offences—use or divulge protected informationSection 25 (6), definition of protected information, note 8
20 Consequential amendmentsSchedule 1, amendments 1.27 and 1.28 8
21 Dictionary, note 2 8
22 Dictionary, new definitions 8
23 Dictionary, definition of operating entity 8
24 Further amendments, mentions of inspect 9
Schedule 1 Other amendments 10
Part 1.1 Children and Young People Act 2008 10
Part 1.2 Corrections Management Act 2007 11
Part 1.3 Disability Services Act 1991 12
Part 1.4 Housing Assistance Act 2007 15
Part 1.5 Mental Health (Treatment and Care) Act 1994 17
Official Visitor Amendment Act 2013
A2013-22
An Act to amend the Official Visitor Act 2012, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Official Visitor Amendment Act 2013.
Commencement
This Act commences on the commencement of the Official Visitor Act 2012, section 3.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Official Visitor Act 2012.
NoteThis Act also amends the following legislation (see sch 1):
· Children and Young People Act 2008
· Corrections Management Act 2007
· Disability Services Act 1991
· Housing Assistance Act 2007
· Mental Health (Treatment and Care) Act 1994.
Section 2
substitute
Commencement
This Act commences on 1 September 2013.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Ending appointment
Section 12 (1) (b) (i)omit
complaints
substitute
visit and complaint
Section 15 heading
substitute
Official visitor may enter visitable place
New section 15 (1A)
after the note, insert
(1A)The official visitor may when at the visitable place inspect—
(a)any health record or any other record relating to an entitled person at the visitable place if the official visitor has the entitled person’s—
(i)written consent; or
(ii)oral consent, if a written record of the consent is made by a person who heard the consent being given; and
(b)any other record required to be kept under the operational Act.
Examples—other record relating to an entitled person
for an entitled person in a mental health facility—dietary plans, behavioural plans, records about seclusion or chemical restraint, day plans, lists of rostered carers
Official visitor must report non-compliant visitable places
New section 16 (2) (b) (iii)insert
(iii)the official visitors board.
Reporting of complaints
New section 17 (2) (c)insert
(c)the official visitors board.
Assistance to official visitors
Section 18 (1) and example and notesubstitute
(1)If asked by an official visitor (the responsible official visitor) for an operational Act, an official visitor for another operational Act may assist the responsible official visitor in the exercise of the responsible official visitor’s functions.
Example
A young person with disability is detained in a youth correctional facility. An official visitor for the correctional facility asks an official visitor appointed under the Disability Services Act 1991 to accompany her on a visit to the facility.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Section 18 (4)
omit
Offences—failure to provide assistance etc
Section 19 (4), definition of person in charge, paragraph (a)omit 1st mention of
relevant director-general
substitute
Territory
Part 5 heading
substitute
Part 5Visits and complaints
Requests to meet official visitor
Section 21 (2)omit
12
substitute
24
Section 23 heading
substitute
Visit and complaint guidelines
Section 23 (1)
substitute
(1)The Minister may, after consulting the operational Minister for an operational Act, make guidelines about—
(a)visits by an official visitor for the operational Act; and
(b)the handling of complaints, and referral of complaints to investigative entities, by an official visitor for the operational Act.
New part 5A
insert
Part 5AOfficial visitors board
23AEstablishment of official visitors board
The official visitors board is established.
23BMembership of official visitors board
(1)The official visitors board is made up of—
(a)the public trustee; and
(b)the public advocate; and
(c)at least 1 commissioner under the Human Rights Commission Act 2005 nominated by the commissioners under that Act; and
(d)2 official visitors elected by the official visitors.
(2)The chair of the board is the public trustee.
(3)The Minister may determine procedures for subsection (1) (d).
(4)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
23COfficial visitors board functions
The official visitors board has the following functions:
(a)to arrange training for official visitors;
(b)to facilitate interaction between official visitors;
NoteAn official visitor may ask an official visitor for another operational Act for assistance (see s 18 (1)).
(c)to arrange for the provision of administrative assistance to official visitors;
(d)to exercise any other function given to the board under this Act, an operational Act or another territory law.
23DOfficial visitors board procedure
(1)Meetings of the official visitors board are to be held when and where it decides.
(2)However—
(a)the official visitors board must meet at least twice each year; and
(b)the public trustee may, by reasonable written notice given to the other official visitors board members, call a meeting.
(3)The official visitors board may conduct its proceedings (including its meetings) as it considers appropriate.
Protection of officials from liability
Section 24 (3), definition of official, new paragraph (aa)insert
(aa)an official visitors board member; or
Offences—use or divulge protected information
Section 25 (6), definition of protected information, noteomit
Consequential amendments
Schedule 1, amendments 1.27 and 1.28omit
Dictionary, note 2
insert
· public trustee
Dictionary, new definitions
insert
health record—see the Health Records (Privacy and Access) Act 1997, dictionary.
official visitors board means the official visitors board established under section 23A.
Dictionary, definition of operating entity
omit
site
substitute
place
Further amendments, mentions of inspect
omit
inspect
insert
visit
in
· section 12 (1) (b)
· section 14
· section 23 (2)
Schedule 1Other amendments
(see s 3)
Part 1.1Children and Young People Act 2008
[1.1]Part 2.3 heading, note
omit
inspecting
substitute
visiting
[1.2]Section 40
omit
[1.3]Section 153 (1), note
omit
inspect
substitute
visit
[1.4]Dictionary, note 2
omit
· official visitor
[1.5]Dictionary, new definition of official visitor
insert
official visitor means an official visitor for this Act appointed under the Official Visitor Act 2012, section 10.
Part 1.2Corrections Management Act 2007
[1.6]Section 57, note
omit
inspecting
substitute
visiting
[1.7]Section 57, note
omit
This part also prescribes other matters for the OV Act.
[1.8]Section 58
omit
[1.9]Dictionary, note 2
omit
· official visitor
[1.10]Dictionary, new definition of official visitor
insert
official visitor means an official visitor for this Act appointed under the Official Visitor Act 2012, section 10.
Part 1.3Disability Services Act 1991
[1.11]Section 6 (2) (c) and note
substitute
(c)if a provider of disability accommodation is to be funded by the grant, the provider and accommodation would comply with any relevant standards approved under section 11.
[1.12]Part 3 heading, note
omit
inspecting
substitute
visiting
[1.13]Section 8A
substitute
8AMeaning of official visitor etc
In this Act:
entitled person means a person with disability.
official visitor means an official visitor for this Act appointed under the Official Visitor Act 2012, section 10.
visitable place—
(a)means disability accommodation for respite or long-term residential purposes, wholly or partly funded by the Territory; and
(b)includes a residential aged care facility that accommodates a person with disability who is less than 65 years old.
[1.14]Section 8B (1)
omit
under this Act
substitute
wholly or partly by the Territory
[1.15]Section 8B (1), new example
insert
Example—place other than a visitable place
a private home
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
[1.16]Section 8B (2) and (3)
omit
inspect
substitute
visit
[1.17]Section 8C
substitute
8COfficial visitors must give notice of visit
(1)An official visitor must give the director-general written notice that the official visitor intends to visit a visitable place at least 24 hours before the official visitor’s visit.
(2)However, the official visitor may visit a visitable place without giving notice if—
(a)the official visitor reasonably believes, or has been given a complaint, that an entitled person at the visitable place is at risk of harm; and
(b)the entitled person consents to the visit.
[1.18]Section 8E, note 2
omit
s 11
substitute
s 11A
[1.19]New section 11A
insert
11AApproved forms
(1)The Minister may approve forms for this Act.
(2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
[1.20]Dictionary, note 2
omit
· official visitor
[1.21]Dictionary, new definition of official visitor
insert
official visitor—see section 8A.
Part 1.4Housing Assistance Act 2007
[1.22]Part 4B heading, note
omit
inspecting
substitute
visiting
[1.23]Section 25V heading
substitute
25VMeaning of official visitor etc
[1.24]Section 25V, definition of visitable place
substitute
official visitor means an official visitor for this Act appointed under the Official Visitor Act 2012, section 10.
visitable place means multiple occupancy supported accommodation for people who are homeless or at risk of homelessness, provided by an entity funded by the Territory.
[1.25]Section 25W
omit
inspection
substitute
visit
[1.26]Section 25W
omit
inspect
substitute
visit
[1.27]Section 25W (2) (b)
omit
agrees
substitute
consents
[1.28]Section 25W (3)
substitute
(3)In this section:
operating entity, for a visitable place, means—
(a)if the Territory operates the place—the director-general; or
(b)in any other case—the entity that operates the place.
[1.29]Dictionary, note 2
omit
· official visitor
[1.30]Dictionary, new definition of official visitor
insert
official visitor—see section 25V.
Part 1.5Mental Health (Treatment and Care) Act 1994
[1.31]Part 11 heading, note
omit
inspecting
substitute
visiting
[1.32]Section 121 heading
substitute
Meaning of official visitor etc
[1.33]Section 121, definition of visitable place
substitute
official visitor means an official visitor for this Act appointed under the Official Visitor Act 2012, section 10.
visitable place means—
(a)a mental health facility; or
(b)a long-term residential accommodation facility or respite facility at which a person receiving treatment or care for mental dysfunction or a mental illness may stay; or
(c)a place in a correctional centre where a detainee is receiving treatment or care for mental dysfunction or a mental illness for the period in which the treatment or care is given to the detainee.
NoteA visitable place mentioned in par (c) is also a visitable place for an official visitor under the Corrections Management Act 2007 (see that Act, s 57).
[1.34]Section 122B
substitute
122BNotice to official visitor of detainee receiving mental health treatment or care in correctional centre
(1)This section applies if a detainee in a correctional centre is receiving treatment or care for mental dysfunction or a mental illness in a visitable place in a correctional centre.
(2)The doctor for the correctional centre must give an official visitor for this Act written notice that a detainee is receiving treatment or care for mental dysfunction or a mental illness in the visitable place as soon as practicable, but not later than 24 hours after the detainee starts receiving treatment or care in the place.
NoteA visitable place in a correctional centre is also a visitable place for an official visitor under the Corrections Management Act 2007 (see that Act, s 57).
(3)In this section:
doctor, for a correctional centre, means the doctor appointed under the Corrections Management Act 2007, section 21 (1) for the centre.
[1.35]Section 122C (1) (a)
before
funded
insert
wholly or partly
[1.36]Section 122C (2) and (3)
omit
inspect
substitute
visit
[1.37]Dictionary, note 2
omit
· official visitor
[1.38]Dictionary, new definition of official visitor
insert
official visitor—see section 121.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 16 May 2013.
Notification
Notified under the Legislation Act on 17 June 2013.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Official Visitor Amendment Bill 2013, which was passed by the Legislative Assembly on 6 June 2013.
Clerk of the Legislative Assembly
© Australian Capital Territory 2013
0
0
0