Official Visitor Amendment Act 2019 (ACT)
Official Visitor Amendment Act 2019
A2019-29
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 3
4 Section 6 3
5 Sections 8 and 9 3
6 Section 10 5
7 Ending appointmentSection 12 (1) (b) (i) 6
8 Section 12 (1) (b) (ii) 6
9 Handover of records by official visitorsSection 13 (2) 7
10 Sections 14 and 15 7
11 Official visitor must report non-compliant visitable placesSection 16 (1) 10
12 New section 16 (2) (b) (iv) 10
13 Section 16 (3) 11
14 Reporting of complaintsSection 17 (1) 11
15 Section 17 (1) (a) 11
16 Section 17 11
17 Assistance to official visitorsSection 18 (1) 13
18 Section 18 (2), except examples and note 13
19 Section 18 (3) 14
20 Operating entity must let entitled people know about official visitorsNew section 20 (2) 14
21 Requests to meet official visitorSection 21 (1) 14
22 Section 21 (2) 15
23 Complaints to official visitorsSection 22 (1) 15
24 Section 22 (1) (b), (c) and (d) 15
25 Visit and complaint guidelinesSection 23 15
26 Membership of official visitors boardNew section 23B (1) (d) 15
27 Section 23B (2) 16
28 Section 23C 16
29 Official visitors board procedureSection 23D (2) 17
30 New section 23DA 18
31 New section 23DB 19
32 Register of visitable placesNew section 23DB (3) (ba) 21
33 Voting at meetingsSection 23E (2) 21
34 New section 23F 21
35 Protection of officials from liabilitySection 24 (3), definition of official, new paragraph (ba) 22
36 Dictionary, definitions of entitled person and official visitor 22
37 Dictionary, new definition of official visitors executive officer 22
38 Dictionary, definitions of operational Minister and relevant director‑general 22
39 Dictionary, new definition of senior practitioner 23
40 Dictionary, definition of visitable place 23
Schedule 1 Other amendments 24
Part 1.1 Children and Young People Act 2008 24
Part 1.2 Corrections Management Act 2007 25
Part 1.3 Disability Services Act 1991 25
Part 1.4 Housing Assistance Act 2007 28
Part 1.5 Mental Health Act 2015 29
Official Visitor Amendment Act 2019
A2019-29
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 2019.
Commencement
(1)The following provisions commence on a day fixed by the Minister by written notice:
· section 7
· section 9
· section 10, so far as it inserts section 15 (2) to (7)
· section 16
· section 19
· sections 25 to 30
· sections 32 to 35
· section 37
· schedule 1, amendment 1.8
· schedule 1, amendment 1.23.
Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
(2)The remaining provisions commence on the day after this Act’s notification day.
Legislation amended
This Act amends the Official Visitor Act 2012.
NoteThis Act also amends other legislation (see sch 1).
Section 6
substitute
Who is an official visitor?
For this Act:
official visitor, for a visitable place, means a person authorised to visit the place under section 9A.
Sections 8 and 9
substitute
Who is an entitled person?
For this Act:
entitled person, at a visitable place, means—
(a)for a visitable place under the Children and Young People Act 2008—see that Act, section 37, definition of entitled person; and
(b)for a visitable place under the Corrections Management Act 2007—see that Act, section 57, definition of entitled person; and
(c)for a visitable place under the Disability Services Act 1991—see that Act, section 8A, definition of entitled person; and
(d)for a visitable place under the Housing Assistance Act 2007—see that Act, section 25V, definition of entitled person; and
(e)for a visitable place under the Mental Health Act 2015—see that Act, section 208, definition of entitled person.
What is a visitable place?
For this Act:
visitable place means a place mentioned in each of the following:
(a)the Children and Young People Act 2008, section 37, definition of visitable place;
(b)the Corrections Management Act 2007, section 57, definition of visitable place;
(c)the Disability Services Act 1991, section 8B;
(d)the Housing Assistance Act 2007, section 25V, definition of visitable place;
(e)the Mental Health Act 2015, section 208, definition of visitable place.
9AAuthorisation to visit places
(1)An official visitor appointed under section 10 (1) for a visitable place is authorised to visit the place.
(2)An official visitor appointed under section 10 (1) for a visitable place is authorised to visit another visitable place if asked, in writing, to visit the place, or deal with an entitled person at the place, by—
(a)an official visitor appointed under section 10 (1) for the place; or
(b)the official visitors board.
Section 10
substitute
Appointment
(1)The Minister must appoint the following:
(a)for a visitable place under the Children and Young People Act 2008—at least 2 official visitors, including 1 official visitor who is an Aboriginal or Torres Strait Islander person;
(b)for a visitable place under the Corrections Management Act 2007—at least 2 official visitors, including 1 official visitor who is an Aboriginal or Torres Strait Islander person;
(c)for a visitable place under the Disability Services Act 1991—at least 1 official visitor;
(d)for a visitable place under the Housing Assistance Act 2007—at least 1 official visitor;
(e)for a visitable place under the Mental Health Act 2015—at least 1 official visitor.
(2)The Minister may appoint a person as an official visitor for a visitable place only if—
(a)the Minister has consulted the operational Minister for the place; and
(b)satisfied on reasonable grounds that the person has suitable qualifications or experience to exercise the functions of an official visitor for the place.
(3)However, the Minister must not appoint a person as an official visitor for a visitable place if the person—
(a)is a public employee; or
(b)has a relevant interest in relation to the place.
(4)An operational Act may prescribe additional requirements for deciding whether or not to appoint a person as an official visitor for a visitable place.
(5)In this section:
Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or Torres Strait Islander person; and
(b)identifies as an Aboriginal person or Torres Strait Islander person; and
(c)is accepted as an Aboriginal person or Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
relevant interest, in relation to a visitable place, means—
(a)a direct interest in a contract with the place or an entity providing services to the visitable place; or
(b)a financial interest in the place.
Ending appointment
Section 12 (1) (b) (i)substitute
(i)does not comply with any requirement in a guideline made under section 23F; and
Section 12 (1) (b) (ii)
omit
site
substitute
visitable place
Handover of records by official visitors
Section 13 (2)substitute
(2)The person must, not later than 7 days after the day the appointment ends, give any official visitor record held by the person in relation to a visitable place to—
(a)the official visitors executive officer; or
(b)another official visitor for the place.
Sections 14 and 15
substitute
Official visitor functions
(1)An official visitor for a visitable place has the following functions:
(a)to visit the place and meet entitled people at the place;
(b)to monitor conditions, services and practices in the place;
(c)to investigate and seek to resolve complaints from, or on behalf of, entitled people at the place;
(d)to identify and report on systemic issues adversely affecting entitled people at the place;
(e)if appropriate, to refer complaints or issues from, or on behalf of, entitled people at the place to relevant investigative entities;
(f)to report to the Minister and operational Minister for the place as required under this Act;
(g)to exercise any other function given to an official visitor under this Act, an operational Act or another territory law.
(2)An official visitor must, in exercising the official visitor’s functions—
(a)respect and promote the human rights of entitled people; and
(b)promote the provision of services to, and care and treatment of, entitled people that is high quality and centres on the needs of entitled people; and
(c)have regard to the wishes of entitled people in relation to visits to visitable places and how complaints from or on behalf of entitled people are dealt with; and
(d)encourage the early resolution of complaints from, or on behalf of, entitled people whenever reasonable and practicable to do so; and
(e)have regard to the objects and principles in operational Acts.
14AIndependence of official visitors
Except as provided in this Act or another territory law, an official visitor is not subject to the direction of anyone else in relation to the exercise of a function under this Act.
Official visitor may enter visitable place etc
(1)An official visitor for a visitable place may, at any reasonable time, enter the visitable place following a complaint or at the official visitor’s own initiative.
Example—time that would not be reasonable
a time that would hinder a search, or coincide with an escape attempt, at a visitable place
(2)The official visitor may, when at the visitable place, inspect any health record or any other record relating to an entitled person at the visitable place if—
(a)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; or
(b)the official visitor—
(i)has taken reasonable steps to find out if the entitled person consents; and
(ii)reasonably believes the entitled person may not be able to make a decision about consent or communicate that decision; and
(iii)reasonably believes that access to the record is necessary and appropriate to allow the official visitor to exercise the official visitor’s functions under this Act; and
(iv)the entitled person has not told, or otherwise indicated to, the official visitor that the person does not consent.
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
(3)If subsection (2) (b) applies and an official visitor inspects a record, the official visitor must, as soon as practicable, take reasonable steps to make the entitled person aware that the records were inspected.
(4)The operating entity for a visitable place must keep a record of each time an official visitor accesses a record in accordance with subsection (2) (b).
(5)The official visitor may also, when at the visitable place, inspect any other record required to be kept under the operational Act.
(6)Subsection (2) (b) does not apply to any sensitive information (as defined under the Children and Young People Act 2008, section 845) included in a record.
NoteThe Children and Young People Act 2008, s 39 also deals with access to sensitive information by an official visitor.
(7)Without limiting this section, the operational Act may prescribe minimum requirements for—
(a)a visit by the official visitor to the visitable place; and
(b)inspecting records under this section.
Official visitor must report non-compliant visitable places
Section 16 (1)substitute
(1)This section applies if an official visitor for a visitable place believes on reasonable grounds that any of the following is not in accordance with the operational Act for the place:
(a)the care and other services provided to an entitled person at the place;
(b)the living conditions and activities of an entitled person at the place;
(c)if an entitled person is detained under the operational Act at the place—the detention of the person at the place (including any aspect of the treatment, living conditions, work or activities of the detainee).
New section 16 (2) (b) (iv)
insert
(iv)the senior practitioner.
Section 16 (3)
omit
the operational Act
substitute
the visitable place
Reporting of complaints
Section 17 (1)omit
an operational Act
substitute
a visitable place
Section 17 (1) (a)
after
official visitor
insert
in relation to the visitable place
Section 17
substitute
Reporting of complaints
(1)An official visitor for a visitable place must prepare for each quarter—
(a)a written report (a full report) stating—
(i)the number and kinds of complaints received by the official visitor in relation to the place; and
(ii)the action taken on the complaints received; and
(iii)the number of visits by the official visitor to the place; and
(iv)the number and kinds of matters referred by the official visitor to an investigative entity; and
(v)any systemic issues identified by the official visitor; and
(vi)the number of times the official visitor inspected records in accordance with section 15 (2) (b); and
(b)a written report (a summary report) summarising the matters mentioned in paragraph (a).
(2)The full report may include—
(a)comments by the official visitor about anything in relation to a complaint mentioned in the report; and
(b)recommendations about any systemic issues identified by the official visitor.
(3)The official visitor must give a copy of—
(a)the full report, as soon as practicable after the end of each quarter, to—
(i)the operational Minister for the visitable place; and
(ii)if the official visitor makes a recommendation in relation to the administrative unit responsible for administering the operational Act for the place—the relevant director‑general for the place; and
(b)the summary report, as soon as practicable after the end of each quarter, to the following:
(i)the Minister;
(ii)the official visitors board;
(iii)the official visitors executive officer.
(4)The official visitor may also give a copy of the report to any of the following:
(a)the relevant director-general for the visitable place;
(b)the public advocate;
(c)if the report includes matters in relation to an administrative unit or operational Act for which another Minister is responsible—the other Minister.
(5)Information that identifies an entitled person at the visitable place—
(a)must not be included in a report to the Minister; and
(b)for any other report—may only be included in the report if the official visitor considers it necessary to deal with a complaint mentioned or issue raised in the report.
(6)In this section:
investigative entity means an entity with power to require the production of documents or the answering of questions including, for example, the chief police officer, the human rights commission, the ombudsman and the integrity commissioner.
Assistance to official visitors
Section 18 (1)omit
Section 18 (2), except examples and note
substitute
(2)An operating entity for a visitable place must give an official visitor for the place any reasonable assistance the official visitor asks for to exercise the official visitor’s functions at the place.
Section 18 (3)
substitute
(3)An operating entity may only give an official visitor access to an entitled person’s health record if the official visitor has complied with section 15 (2) (a) or (b).
Operating entity must let entitled people know about official visitors
New section 20 (2)insert
(2)Without limiting subsection (1), an operating entity for a visitable place must, not later than when an entitled person first enters the place, give the person information about their right to make complaints under this Act in a way that is accessible to the person.
Examples—giving information
1 if an entitled person is likely to go to a common area in a visitable place—a notice in a prominent position on the wall in the area
2 if it is not practicable or appropriate to put up a notice in a visitable place—give an entitled person a pamphlet
3 if an entitled person is not able to see or understand information in writing—tell the person orally
4 if an entitled person is not able to understand the information—give written information to the person’s legal guardian
Requests to meet official visitor
Section 21 (1)substitute
(1)This section applies if an entitled person at a visitable place tells the operating entity for the place that the person wants to meet an official visitor.
Section 21 (2)
omit
an operational Act
substitute
the visitable place
Complaints to official visitors
Section 22 (1)omit everything before paragraph (a), substitute
(1)An entitled person at a visitable place, or anyone else, may complain to an official visitor for the place about any aspect of the person’s accommodation including—
Section 22 (1) (b), (c) and (d)
omit
a visitable place
substitute
the place
Visit and complaint guidelines
Section 23omit
Membership of official visitors board
New section 23B (1) (d)insert
(d)any other members appointed by the Minister under subsection (2).
Section 23B (2)
substitute
(2)The Minister—
(a)must appoint the chair of the board; and
(b)may appoint other members of the board as the Minister considers appropriate.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Section 23C
substitute
23COfficial visitors board functions
(1)The official visitors board has the following functions:
(a)to oversee the exercise of functions by official visitors under this Act, an operational Act or another territory law;
(b)to arrange for the recruitment, induction, training and support of official visitors;
(c)to provide support for and manage the exercise of functions by official visitors under this Act, an operational Act or another territory law;
(d)to consider and try to resolve any complaints about official visitors;
(e)to exercise any other function given to the board under this Act, an operational Act or another territory law.
(2)The chair of the board may arrange with the head of service to use the services of a public servant (the official visitors executive officer) to—
(a)provide support to the board in the exercise of the board’s functions; and
(b)exercise any other function given to the official visitors executive officer under this Act, an operational Act or another territory law.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
(3)The chair of official visitors board may delegate the board’s functions under this Act, an operational Act or another territory law to the official visitors executive officer or another public servant.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Official visitors board procedure
Section 23D (2)substitute
(2)However—
(a)the official visitors board must meet at least quarterly; and
(b)the chair of the board may, by reasonable written notice given to the other board members, call a meeting.
New section 23DA
in part 5A, insert
23DABoard annual report
(1)The official visitors board must give the Minister, within 3 months after the end of a financial year, a written report for the financial year about—
(a)the number of—
(i)visits by official visitors to visitable places; and
(ii)complaints received by official visitors in relation to visitable places; and
(iii)referrals of complaints to investigative entities; and
(b)the action taken on the complaints received; and
(c)any systemic issues in relation to the operation of the Act identified by the board; and
(d)the number and kinds of matters referred by an official visitor to an investigative entity; and
(e)the number of times an official visitor inspected records in accordance with section 15 (2) (b).
(2)The Minister must present the report to the Legislative Assembly within 6 sitting days after being given a copy of the report by the board.
(3)The Minister must give additional public notice of the report.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for the Minister to present the report to the Legislative Assembly under s (2).
(4)In this section:
investigative entity means an entity with power to require the production of documents or the answering of questions including, for example, the chief police officer, the human rights commission, the ombudsman and the integrity commissioner.
New section 23DB
in part 6, insert
23DBRegister of visitable places
(1)The relevant director-general for a visitable place must keep a register of each visitable place mentioned under the relevant operational Act.
(2)The register—
(a)must include—
(i)the address of each visitable place; and
(ii)if relevant for a visitable place—the contact details of a person who can provide access to the place; and
(iii)any information prescribed by an operational Act; and
(b)may include—
(i)the name of each entitled person at each visitable place; and
(ii)the name and contact details of each operating entity for each visitable place; and
(iii)if an operating entity for a visitable place is not an individual—the name, phone number and email address of the following:
(A)an employee or volunteer based at the place;
(B)2 employees of the entity.
(3)The relevant director-general for a visitable place must, on request, give information on the register to any of the following:
(a)an official visitor for the place;
(b)the official visitors board;
(c)the public advocate;
(d)a commissioner under the Human Rights Commission Act 2005;
(e)the senior practitioner.
(4)The relevant director-general for a visitable place may, on request, give the information mentioned in subsection (2) (a) to any of the following people, if satisfied giving the information is reasonable in the circumstances:
(a)a person exercising a function under this Act or the operational Act;
(b)a member of the emergency services under the Emergencies Act 2004;
(c)an entitled person at the place;
(d)a carer or legal representative of an entitled person at the place;
(e)anyone else approved by the relevant director-general.
(5)In this section:
carer—see the Guardianship and Management of Property Act 1991, section 6.
legal representative, of an entitled person who does not have legal capacity, means the person’s parent or guardian.
Register of visitable places
New section 23DB (3) (ba)insert
(ba)the official visitors executive officer;
Voting at meetings
Section 23E (2)omit
public trustee and guardian
substitute
chair of the board
New section 23F
insert
23FMinister may make guidelines
(1)The Minister may—
(a)after consulting the operational Minister for a visitable place, make guidelines about—
(i)visits by an official visitor for the place; and
(ii)the inspection by an official visitor for the place of records relating to entitled people at the place, including requirements and guidance for compliance with section 15 (2) (a) and (b) and (3); and
(iii)the handling of complaints, and referral of complaints to investigative entities, by an official visitor for the place; and
(iv)any other matter relating to the place or official visitor for the place; and
(b)make guidelines about any other matter.
(2)A guideline is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Protection of officials from liability
Section 24 (3), definition of official, new paragraph (ba)insert
(ba)the official visitors executive officer; or
Dictionary, definitions of entitled person and official visitor
substitute
entitled person, at a visitable place—see section 8.
official visitor, for a visitable place—see section 6.
Dictionary, new definition of official visitors executive officer
insert
official visitors executive officer—see section 23C (2).
Dictionary, definitions of operational Minister and relevant director‑general
substitute
operational Minister, for a visitable place, means the Minister responsible for the operational Act under which the visitable place is mentioned.
relevant director-general, for a visitable place, means the director‑general of the administrative unit responsible for the operational Act under which the place is mentioned.
Dictionary, new definition of senior practitioner
insert
senior practitioner means the Senior Practitioner under the Senior Practitioner Act 2018.
Dictionary, definition of visitable place
substitute
visitable place—see section 9.
Schedule 1Other amendments
(see s 3)
Part 1.1Children and Young People Act 2008
[1.1]Section 38
after
official visitor
insert
for a visitable place
[1.2]Section 39 (1) (a)
substitute
(a)a complaint is made to an official visitor for a visitable place in relation to the place under the Official Visitor Act 2012, section 22; and
[1.3]Dictionary, definition of official visitor
substitute
official visitor, for a visitable place—see the Official Visitor Act 2012, section 6.
Part 1.2Corrections Management Act 2007
[1.4]Dictionary, definition of official visitor
substitute
official visitor means an official visitor for a visitable place under the Official Visitor Act 2012, section 6.
Part 1.3Disability Services Act 1991
[1.5]Section 8A, definition of official visitor
substitute
official visitor, for a visitable place—see the Official Visitor Act 2012, section 6.
[1.6]Section 8C (1)
substitute
(1)An entitled person at a visitable place may at any time ask the official visitor for the place, in writing, not to be visited at the place.
[1.7]Section 8D (1), except example
substitute
(1)An entitled person at a visitable place may make a complaint to an official visitor for the place under the Official Visitor Act 2012, section 22 about a specialist disability service that is provided—
(a)at a place other than the visitable place; or
(b)if the person has asked the official visitor not to visit the person at the visitable place under section 8C—at the visitable place.
[1.8]New section 8D (4) and (5)
insert
(4)For subsection (3) (a), an entitled person consents to a visit to a place by an official visitor if—
(a)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; or
(b)the official visitor—
(i)has taken reasonable steps to find out if the entitled person consents; and
(ii)reasonably believes the entitled person may not be able to make a decision about consent or communicate that decision; and
(iii)reasonably believes that a visit to the place is necessary and appropriate to allow the official visitor to exercise the official visitor’s functions under this Act and the Official Visitor Act 2012; and
(iv)the entitled person has not told, or otherwise indicated to, the official visitor that the person does not consent.
(5)If subsection (4) (b) applies and an official visitor visits a place, the official visitor must, as soon as practicable, take reasonable steps to make the entitled person aware that the place was visited.
[1.9]Section 8E
substitute
8EInformation to be included on visitable places register
The following information must be included on the register under the Official Visitor Act 2012, section 23DB for a visitable place:
(a)the name and contact details of each specialist disability service provider associated with the place; and
(b)if a specialist disability service provider associated with a place is not an individual—the name, phone number and email address of the following:
(i)an employee or volunteer based at the place;
(ii)2 employees of the provider.
[1.10]Section 8F (1)
omit
section 8E (2)
substitute
section 8E
Part 1.4Housing Assistance Act 2007
[1.11]Section 25V, definitions of official visitor and visitable place
substitute
official visitor, for a visitable place—see the Official Visitor Act 2012, section 6.
visitable place means either of the following kinds of accommodation for people who are homeless or at risk of homelessness, provided by an entity funded by the Territory:
(a)multiple occupancy supported accommodation;
(b)single occupancy independent accommodation.
[1.12]Section 25W (2)
substitute
(2)However, the official visitor may visit a visitable place without giving notice to the operating entity if—
(a)for multiple occupancy supported accommodation—
(i)the official visitor reasonably believes, or has been given a complaint, that an entitled person at the visitable place is at risk of abuse or harm; and
(ii)the entitled person consents to the visit; or
(b)for single occupancy independent accommodation—the official visitor reasonably believes, or has been given a complaint, that there is a serious risk to the health or welfare of an entitled person at the visitable place.
Part 1.5Mental Health Act 2015
[1.13]Section 208, definition of official visitor
substitute
official visitor, for a visitable place—see the Official Visitor Act 2012, section 6.
[1.14]Section 209
after
official visitor
insert
for a visitable place
[1.15]Section 210
omit
[1.16]Section 211
omit everything before paragraph (a), substitute
Without limiting the Official Visitor Act 2012, section 14 (Functions), an official visitor for a visitable place must enquire into—
[1.17]Section 211 (a), (b) and (c)
omit
a visitable place
substitute
the visitable place
[1.18]Section 211 (d)
omit
an
substitute
the
[1.19]Section 212
omit
[1.20]Section 213 (2)
omit
this Act
substitute
the visitable place
[1.21]Section 214 (1)
after
an official visitor
insert
for a visitable place
[1.22]Section 214 (1) (b)
omit
a visitable place
substitute
the visitable place
[1.23]New section 214 (4) and (5)
insert
(4)For subsection (3) (a), an entitled person consents to a visit to a place by an official visitor if—
(a)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; or
(b)the official visitor—
(i)has taken reasonable steps to find out if the entitled person consents; and
(ii)reasonably believes the entitled person may not be able to make a decision about consent or communicate that decision; and
(iii)reasonably believes that a visit to the place is necessary and appropriate to allow the official visitor to exercise the official visitor’s functions under this Act and the Official Visitor Act 2012; and
(iv)the entitled person has not told, or otherwise indicated to, the official visitor that the person does not consent.
(5)If subsection (4) (b) applies and an official visitor visits a place, the official visitor must, as soon as practicable, take reasonable steps to make the entitled person aware that the place was visited.
[1.24]Dictionary, definition of principal official visitor
omit
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 15 August 2019.
Notification
Notified under the Legislation Act on 2 October 2019.
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 2019, which was passed by the Legislative Assembly on 17 September 2019.
Acting Clerk of the Legislative Assembly
© Australian Capital Territory 2019
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