Visits by public trustee and guardian etc
32 Visits by public trustee and guardian etc
The following people may, at any reasonable time, enter a secure mental health facility following a request from a patient at the facility or on the person’s own initiative:
the public trustee and guardian;
a commissioner exercising functions under the Human Rights Commission Act 2005;
an accredited person;
a person prescribed by regulation.
Note 1 The following commissioners exercise functions under the Human Rights Commission Act 2005:
the children and young people commissioner
the disability and community services commissioner
the discrimination commissioner
the health services commissioner
the public advocate
the victims of crime commissioner
the human rights commissioner.
Note 2 An official visitor may enter a visitable place at any reasonable time following a complaint from an entitled person or on the official visitor’s own initiative (see Official Visitor Act 2012, s 15 (1)). A mental health facility is a visitable place for the purposes of the Official Visitor Act 2012 (see Mental Health Act 2015, s 211).
The director-general may decide that a nominated time is not a reasonable time if the director-general believes on reasonable grounds the person’s safety would be at risk if the person visited the facility at the time nominated.
Example—time that would not be reasonable an emergency in relation to a patient at the mental health facility
The director-general must give the person any reasonable assistance the person asks for to exercise the person’s functions at the secure mental health facility.
Examples
1 giving access to documents and records relating to a complaint
2 answering reasonable questions about the facts of a complaint
3 giving reasonable access to facilities
Note The director-general must give an official visitor any reasonable assistance the official visitor asks for to exercise their functions at a secure mental health facility (see Official Visitor Act 2012, s 18 (2)).
The director-general must not give the person access to a patient’s health record without the patient’s consent.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.