Australian Capital Territory Numbered Acts

OFFICIAL VISITOR AMENDMENT ACT 2019 (NO. 29 OF 2019) - SECT 6

substitute

10     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.