Barrister AI
All legislation
WARegulation
In force
This is the latest official compilation.Check the official source →
reg 8A

Alternative supervisory arrangements

In force

8A Alternative supervisory arrangements

(1)

In this regulation —

carer has the meaning given in the Carers Recognition Act 2004 section 5;

close family member has the meaning given in the Mental Health Act 2014 section 281;

personal support person has the meaning given in the Mental Health Act 2014 section 4.

(2)

The licence holder of a hostel may apply to the CEO for approval of an arrangement (an alternative supervisory arrangement) setting out either or both of the following —

(a)

when a supervisor is to be present at the hostel;

(b)

who is to be in charge of the day‑to‑day operations of the hostel.

(3)

The application must be in writing and set out —

(a)

the alternative supervisory arrangement for which the licence holder is applying for approval; and

(b)

the reasons why the licence holder wants to operate the hostel under an alternative supervisory arrangement, including evidence that the residents of the hostel do not require a supervisor to be present at the hostel at all times; and

(c)

how the licence holder will provide notice of the alternative supervisory arrangement to —

(i)

each resident; and

(ii)

any carer, close family member or other personal support person of each resident.

(4)

The CEO may approve an alternative supervisory arrangement for a hostel if satisfied that —

(a)

the residents of the hostel do not require a supervisor to be present at the hostel at all times; and

(b)

the licence holder will provide sufficient notice of the alternative supervisory arrangement to the persons referred to in subregulation (3)(c); and

(c)

the alternative supervisory arrangement is appropriate in all of the circumstances.

(5)

If the CEO approves the alternative supervisory arrangement, the CEO may grant the alternative supervisory arrangement subject to conditions.

(6)

After making a decision under subregulation (4), the CEO must —

(a)

give the licence holder written notice of the CEO’s decision; and

(b)

if the alternative supervisory arrangement is granted subject to conditions — set out the conditions to which the alternative supervisory arrangement is subject in the written notice to the licence holder; and

(c)

if the decision is not to grant the alternative supervisory arrangement, or grant the alternative supervisory arrangement subject to conditions — set out the reasons for the decision in the written notice to the licence holder.

[Regulation 8A inserted: SL 2020/223 r. 6.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.

Section 8A — Alternative supervisory arrangements — Private Hospitals (Licensing and Conduct of Private Psychiatric Hostels) Regulations 1997 (Western Australia) — Barrister AI