Obligation to make access to relevant person reasonably practicable
106 Obligation to make access to relevant person reasonably practicable
This section applies if the facility operator does not transfer the individual under section 105 because the individual’s deciding practitioner decides that the transfer is unreasonable in the circumstances.
If the individual consents to seeing the relevant person, the facility operator must take reasonable steps to allow the relevant person to have access to the individual at the facility at a time that is acceptable to the individual.
If the relevant person is unable to attend the facility to see the individual at a time that is acceptable to the individual, the facility operator must take reasonable steps to allow another relevant person to have access to the individual at the facility at a time that is acceptable to the individual if the individual consents to seeing the other relevant person.
A facility operator commits an offence if the operator—
is required to take reasonable steps to allow a relevant person to have reasonable access to an individual at the facility under subsection (2) or (3); and
fails to take reasonable steps to allow a person to have reasonable access to the individual at the facility.
Maximum penalty: 100 penalty units.
Division 7.3 Other obligations
This Act’s bill:Explanatory statementSecond reading speech
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