Mental Health (Secure Facilities) Act 2016

The director‑general may appoint a person as an authorised person for this Act.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The director-general may appoint a person as an authorised person only if the director‑general is satisfied the person—

holds a security licence; and

is, or will be, employed by a person holding a master licence under the Security Industry Act 2003; and

is registered under the Working with Vulnerable People (Background Checking) Act 2011; and

has the kinds of qualifications, training, skills or experience necessary for dealing with people with a mental illness or mental disorder; and

has not—

committed an offence against this Act; or

been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; and

is capable of competently exercising the functions of an authorised person for this Act.

Note A person engaged in an activity or service, the usual functions of which include providing treatment, care, rehabilitation or protection to people who are mentally impaired, mentally dysfunctional or mentally ill must be registered under the Working with Vulnerable People (Background Checking) Act 2011 to engage in the activity (see that Act, s 12).

The director‑general may end the appointment of a person as an authorised person if—

the person ceases to hold a security licence; or

the person is not employed by a person holding a master licence under the Security Industry Act 2003; or

the person’s registration under the Working with Vulnerable People (Background Checking) Act 2011—

is made subject to a condition that the person not engage in a regulated activity described in that Act, schedule 1, section 1.8 (Mental health); or

is suspended; or

ends; or

the person commits an offence against this Act; or

the person has been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; or

the person is not capable of competently exercising the functions of an authorised person for this Act.

Note An authorised person’s appointment also ends if the person resigns (see Legislation Act, s 210).

In this section:

security licence means a licence under the Security Industry Act 2003 that authorises the licensee to carry out a security activity under that Act, section 13.