Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Part 1.1 Children 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
Part 1.2 Corrections 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
Part 1.3 Disability Services Act 1991
[1.5] Section 8A, definition of official visitor
substitute
"official visitor", for a visitable place—see the Official Visitor Act 2012
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.
substitute
8E Information 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.
omit
section 8E (2)
substitute
section 8E
Part 1.4 Housing 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
"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.
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 1.5 Mental Health Act 2015
[1.13] Section 208, definition of official visitor
substitute
"official visitor", for a visitable place—see the Official Visitor Act 2012
after
official visitor
insert
for a visitable place
omit
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
substitute
the visitable place
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an
substitute
the
omit
omit
this Act
substitute
the visitable place
after
an official visitor
insert
for a visitable place
omit
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
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