Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsPart 11 of the Principal Act is repealed and the following Part substituted:
“ PART 11—OFFICIAL VISITORS
“121. Appointment etc
“(1) For the purposes of this Act, the Minister may appoint 1 or more official visitors for an approved mental health facility.
“(2) A person is eligible for appointment as an official visitor if the person—
(a) is a legal practitioner who has not less than 5 years practising experience;
(b) is a medical practitioner;
(c) has been nominated by a body representing consumers of mental health services; or
(d) has experience and skill in the care of persons with a mental dysfunction or mental illness.
“(3) A person shall not be appointed an official visitor if the person—
(a) is a public servant;
(b) has a direct interest in a contract with an approved mental health facility or a mental health care provider; or
(c) has a financial interest in a private hospital (being a private hospital within the meaning of the Public Health (Private Hospitals) Regulations ).
“(4) A person shall not be appointed as an official visitor unless the Minister is satisfied that the person has appropriate qualifications and experience to perform the duties of an official visitor.
“(5) The Minister may terminate the appointment of an official visitor—
(a) for misbehaviour;
(b) for physical or mental incapacity;
(c) who is convicted, in Australia or elsewhere, of an offence punishable on conviction by imprisonment for 1 year or longer; or
(d) if the person ceases to be a person who is eligible for appointment.
“122. Official visitor—functions and duties
“(1) An official visitor—
(a) shall visit and inspect mental health facilities;
(b) shall inquire into—
(i) the adequacy of services for the assessment and treatment of persons with mental dysfunction or a mental illness;
(ii) the appropriateness and standard of facilities for the recreation, occupation, education, training and rehabilitation of persons receiving treatment or care for mental dysfunction or a mental illness;
(iii) the extent to which people receiving treatment or care for mental dysfunction or a mental illness are being provided the best possible treatment or care appropriate to their needs in the least possible restrictive environment and least possible intrusive manner consistent with the effective giving of that treatment or care;
(iv) any contravention of this Act;
(v) any other matter that an official visitor considers appropriate having regard to the objectives in sections 7 and 8; and
(vi) any complaint made to an official visitor by a person receiving treatment or care for mental dysfunction or a mental illness; and
(c) has such other functions as are conferred on the official visitor by this or another Act.
“(2) An official visitor—
(a) may, with or without prior notice given to a responsible person for a mental health facility (within the meaning of Part 6), visit the mental health facility at such times and for such periods as the visitor thinks fit; and
(b) shall visit a mental health facility at least once every 3 months.
“(3) The Minister may, in writing, direct an official visitor to visit a mental health facility at such times as the Minister directs.
“122A. Official visitor—powers etc
“(1) An official visitor may, when visiting a mental health facility—
(a) inspect any part of the facility;
(b) see any person who is receiving treatment or care for mental dysfunction or a mental illness unless the person has asked not to be seen;
(c) make inquiries relating to the admission, detention, care, treatment and control of persons receiving treatment or care for mental dysfunction or a mental illness; and
(d) inspect—
(i) any document or medical record relating to any person receiving treatment or care for mental dysfunction or a mental illness if he or she has the consent in writing of the person receiving the treatment or care; and
(ii) any records required to be kept under this Act.
“(2) If an official visitor to a mental health facility wishes to exercise or perform, or is exercising or performing, any power, duty or function under this Act, the person in charge of the facility shall provide, or shall ensure that there is provided, to the official visitor such reasonable assistance as the official visitor requires to exercise or perform that power, function or duty effectively.
“(3) A person in charge of a mental health facility shall not, without reasonable excuse—
(a) refuse or neglect to render assistance when required under subsection (2); or
(b) fail to answer any question when asked by an official visitor in the exercise of his or her powers under this Act.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
“(4) A person in charge of a mental health facility shall not, without reasonable excuse, obstruct or hinder an official visitor in the exercise of his or her powers under this Act.
Penalty:
(a) if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) if the offender is a body corporate—250 penalty units.
“(5) A person in charge of a mental health facility shall keep a record of each visit by an official visitor to the facility.
Penalty: 5 penalty units.
“(6) A record kept under subsection (5) shall be in a form approved by the Minister.
“122B. Reports by official visitors
“(1) An official visitor may, of his or her own motion make a report to the Minister relating to the exercise of his or her powers under this Act.
“(2) An official visitor shall, when requested to do so by the Minister, report in writing to the Minister in accordance with that request.
“(3) An official visitor shall, after each visit to a mental health facility, report in writing to the Minister and the community advocate in relation to the exercise of his or her powers, functions or duties under section 122 or 122A.
“(4) If, in a report, an official visitor is critical of the services provided by a mental health facility, the official visitor shall advise the person in charge of the facility in writing, within 7 days of making that report.
“(5) A person in charge of a mental health facility shall, within 21 days after receipt of a report of the kind referred to in subsection (4), give to the official visitor and the community advocate a written response to the report, including any action taken, or to be taken, in response to any criticism contained in the report.
“(6) A person may at any reasonable time inspect a copy of a report under this section.
“(7) A person may, on payment of the reasonable copying costs, obtain a copy of a report under this section.”.