Disability Services Act 1991

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—

at a place other than the visitable place; or

if the person has asked the official visitor not to visit the person at the visitable place under section 8C—at the visitable place.

Example—place other than a visitable place a private home where a specialist disability service is provided to an entitled person only by a close relative of the person

The official visitor may—

investigate the complaint; and

visit the place where the service is provided.

However, the official visitor may only visit a place mentioned in subsection (1)—

if the entitled person consents to the visit; and

at a reasonable time, unless the owner of, or entity operating, the place otherwise consents; and

either—

after giving the owner of, or entity operating, the place reasonable notice; or

without giving notice if the official visitor reasonably believes that an entitled person at the place is at risk of harm.

For subsection (3) (a), an entitled person consents to a visit to a place by an official visitor if—

the official visitor has the entitled person’s—

written consent; or

oral consent, if a written record of the consent is made by a person who heard the consent being given; or

the official visitor—

has taken reasonable steps to find out if the entitled person consents; and

reasonably believes the entitled person may not be able to make a decision about consent or communicate that decision; and

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

the entitled person has not told, or otherwise indicated to, the official visitor that the person does not consent.

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.