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s 10

Appointment

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Part 3Appointment of official visitors

10 Appointment

(1)

The Minister must appoint the following:

(a)

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;

(b)

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;

(c)

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

(d)

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

(e)

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

(2)

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

(a)

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

(b)

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

(3)

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

(a)

is a public servant; or

(b)

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.

(4)

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

(5)

In this section:

Aboriginal or Torres Strait Islander person means a person who—

(a)

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

(b)

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

(c)

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

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