Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

OFFICIAL VISITOR AMENDMENT ACT 2013 (NO. 22 OF 2013) - SCHEDULE 1

Schedule 1     Other amendments

(see s 3)

Part 1.1     Children 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 1.2     Corrections 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 1.3     Disability 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

8A     Meaning 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

Note     An 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

8C     Official 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

11A     Approved 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.

Note     For other provisions about forms, see the Legislation Act

, s 255.

    (3)     An approved form is a notifiable instrument.

Note     A 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 1.4     Housing Assistance Act 2007

[1.22]     Part 4B heading, note

omit

inspecting

substitute

visiting

[1.23]     Section 25V heading

substitute

25V     Meaning 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 1.5     Mental Health (Treatment and Care) Act 1994

[1.31]     Part 11 heading, note

omit

inspecting

substitute

visiting

[1.32]     Section 121 heading

substitute

121     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.

Note     A 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

122B     Notice 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.

Note     A 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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback