Official Visitor Act 2012

This Act is the Official Visitor Act 2012.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘operational Act—see section 7.’ means that the term ‘operational Act’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Important concepts

For this Act:

official visitor, for a visitable place, means a person authorised to visit the place under section 9A.

Each of the following is an operational Act:

the Children and Young People Act 2008;

the Corrections Management Act 2007;

the Disability Services Act 1991;

the Housing Assistance Act 2007;

the Mental Health Act 2015.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

For this Act:

entitled person, at a visitable place, means—

for a visitable place under the Children and Young People Act 2008—see that Act, section 37, definition of entitled person; and

for a visitable place under the Corrections Management Act 2007—see that Act, section 57, definition of entitled person; and

for a visitable place under the Disability Services Act 1991—see that Act, section 8A, definition of entitled person; and

for a visitable place under the Housing Assistance Act 2007—see that Act, section 25V, definition of entitled person; and

for a visitable place under the Mental Health Act 2015—see that Act, section 208, definition of entitled person.

For this Act:

visitable place means a place mentioned in each of the following:

the Children and Young People Act 2008, section 37, definition of visitable place;

the Corrections Management Act 2007, section 57, definition of visitable place;

the Disability Services Act 1991, section 8B;

the Housing Assistance Act 2007, section 25V, definition of visitable place;

the Mental Health Act 2015, section 208, definition of visitable place.

An official visitor appointed under section 10 (1) for a visitable place is authorised to visit the place.

An official visitor appointed under section 10 (1) for a visitable place is authorised to visit another visitable place if asked, in writing, to visit the place, or deal with an entitled person at the place, by—

an official visitor appointed under section 10 (1) for the place; or

the official visitors board.

Part 3 Appointment of official visitors

The Minister must appoint the following:

for a visitable place under the Children and Young People Act 2008—at least 2 official visitors, including 1 official visitor who is an Aboriginal or Torres Strait Islander person;

for a visitable place under the Corrections Management Act 2007—at least 2 official visitors, including 1 official visitor who is an Aboriginal or Torres Strait Islander person;

for a visitable place under the Disability Services Act 1991—at least 1 official visitor;

for a visitable place under the Housing Assistance Act 2007—at least 1 official visitor;

for a visitable place under the Mental Health Act 2015—at least 1 official visitor.

The Minister may appoint a person as an official visitor for a visitable place only if—

the Minister has consulted the operational Minister for the place; and

satisfied on reasonable grounds that the person has suitable qualifications or experience to exercise the functions of an official visitor for the place.

However, the Minister must not appoint a person as an official visitor for a visitable place if the person—

is a public servant; or

has an actual or perceived conflict of interest that would prevent the official visitor from properly carrying out the functions of an official visitor for the place.

An operational Act may prescribe additional requirements for deciding whether or not to appoint a person as an official visitor for a visitable place.

In this section:

Aboriginal or Torres Strait Islander person means a person who—

is a descendant of an Aboriginal person or Torres Strait Islander person; and

identifies as an Aboriginal person or Torres Strait Islander person; and

is accepted as an Aboriginal person or Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.

An appointment as an official visitor must not be for longer than 3 years.

The conditions of appointment of an official visitor are the conditions agreed between the Minister and the person, subject to any determination under the Remuneration Tribunal Act 1995.

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

Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

Note 3 A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

The Minister may end a person’s appointment as an official visitor—

for misbehaviour; or

if the person—

does not comply with any requirement in a guideline made under section 23F; and

continues to fail to visit the visitable place as required for 4 consecutive weeks; or

if an operational Act prescribes requirements that the person must satisfy to be appointed as an official visitor—if the person no longer satisfies the criteria.

The Minister must end the person’s appointment as an official visitor—

for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions; or

if the person fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the person’s functions.

A person’s appointment as an official visitor ends, by force of this section, if the person becomes a public servant.

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