Mental Health Act 2009

This section applies to a visit and inspection of a treatment centre, authorised community mental health facility or other premises by a community visitor that is required or authorised under this or any other Act if—

in the opinion of the Principal Community Visitor, it is not reasonably practical for a community visitor to physically visit or enter the relevant premises; or

the visit or inspection occurs in any other circumstances prescribed by the regulations.

Without limiting the generality of subsection (1), the reasons that a physical visit or inspection may not be reasonably practical include—

a lack of availability of community visitors to conduct a physical visit or inspection; or

the remoteness of the relevant premises; or

the need to prevent the spread of contagious diseases.

The following provisions apply in relation to a visit or inspection to which this section applies:

the visit or inspection may be conducted by means of audiovisual or other electronic means;

despite a provision of this or any other Act requiring the visit or inspection to be conducted by more than 1 community visitor, the visit or inspection may be conducted by a single community visitor;

a reference in this or any other Act that contemplates a community visitor being physically on the relevant premises is to be construed accordingly.

Subject to this Act, a community visitor may, in relation to a visit or inspection to which this section applies, give such directions as the community visitor considers reasonably necessary to enable the visit or inspection to occur by audiovisual or other electronic means, including—

directions requiring a person, or person of a class—

to take reasonable steps to facilitate the visit or inspection; and

to make equipment of a specified kind available for use in the course of the visit or inspection; and

to grant access to such parts of the premises as may reasonably be accessed using the relevant audiovisual or other means; or

directions requiring a person, or person of a class, to provide the community visitor with access to a specified patient or resident of the premises, or patients or residents of a specified class, and for an appropriate area within the premises to be made available to enable confidential communication with the community visitor by the relevant audiovisual or other means.

A person must not, without reasonable excuse, refuse or fail to comply with a direction under subsection (4).

A community visitor must ensure that the following information is reported on a publicly accessible website and updated on at least a quarterly basis:

the number of visits or inspections by the community visitor that have occurred by audiovisual or other electronic means in accordance with this section;

except where the Principal Community Visitor or Chief Psychiatrist (as the case requires) is of the opinion that it would be inappropriate to identify the premises or the address of the premises—the name and address of any premises subject to such a visit or inspection;

the date on which each such visit or inspection occurred;

the reasons why each such visit or inspection was a visit or inspection to which this section applies.

A report under subsection (6) must be made by—

in the case where the community visitor is the Chief Psychiatrist—the

in any other case—the Principal Community Visitor.

To avoid doubt, nothing in this section limits a power or function that may be exercised or performed by a community visitor in relation to a visit or inspection.

For the purposes of this section, the Chief Psychiatrist will be taken to be a community visitor.