Public Guardian Act 2014

A community visitor (child) may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things—

enter a visitable site during normal hours without notice;

with the public guardian’s authorisation, enter a visitable site outside normal hours without notice;

inspect a visitable site;

have access to a child staying at a visitable site;

talk with a child staying at a visitable site out of the hearing of other persons at the site (including staff members of the site);

require a staff member of a visitable site to answer questions, and produce visitable site documents, relevant to the visitor’s functions;

inspect and take extracts from, or make copies of, any visitable site document;

confer alone with a staff member of a visitable site;

require a staff member of a visitable site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (h).

A person who complies with a requirement under subsection (1)(f) or (i) does not incur any liability, either to the child or anyone else, because of the compliance.

A person must comply with a requirement under subsection (1)(f) or (i) unless the person has a reasonable excuse.

It is a reasonable excuse for a person not to comply with a requirement under subsection (1)(f) or (i) because compliance with the requirement might tend to incriminate the person.

If the visitable site is a corrective services facility or detention centre, it is a reasonable excuse for a person not to comply with a requirement under subsection (1)(f) or (i) if the disclosure of the information could reasonably be expected to prejudice the security or good order of the facility or centre.

If the visitable site is a corrective services facility, the exercise of power under this section is subject to any direction or procedure given or made by the chief executive (corrective services) to facilitate the effective and efficient management of corrective services.

If the visitable site is a detention centre, the exercise of power under this section is subject to any direction given or made by the chief executive (youth justice services) for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.