Official Visitor Act 2012

An official visitor for a visitable place may, at any reasonable time, enter the visitable place following a complaint or at the official visitor’s own initiative.

Example—time that would not be reasonable a time that would hinder a search, or coincide with an escape attempt, at a visitable place

The official visitor may, when at the visitable place, inspect any health record or any other record relating to an entitled person at the visitable place 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 access to the record is necessary and appropriate to allow the official visitor to exercise the official visitor’s functions under this Act; and

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

Examples—other record relating to an entitled person for an entitled person in a mental health facility—dietary plans, behavioural plans, records about seclusion or chemical restraint, day plans, lists of rostered carers

If subsection (2) (b) applies and an official visitor inspects a record, the official visitor must, as soon as practicable, take reasonable steps to make the entitled person aware that the records were inspected.

The operating entity for a visitable place must keep a record of each time an official visitor accesses a record in accordance with subsection (2) (b).

The official visitor may also, when at the visitable place, inspect any other record required to be kept under the operational Act.

Subsection (2) (b) does not apply to any sensitive information (as defined under the Children and Young People Act 2008, section 845) included in a record.

Note The Children and Young People Act 2008, s 39 also deals with access to sensitive information by an official visitor.

Without limiting this section, the operational Act may prescribe minimum requirements for—

a visit by the official visitor to the visitable place; and

inspecting records under this section.