Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An entitled person may make a complaint to an official visitor for a visitable place under the Official Visitor Act 2012
, section 22 about treatment, care or support for mental disorder or a mental illness that is—
(a) wholly or partly funded by the Territory; and
(b) provided at a place other than the visitable place.
(2) The official visitor may—
(a) investigate the complaint; and
(b) visit the place where the service is provided.
(3) However, the official visitor may only visit a place that is not a visitable place—
(a) with the entitled person's consent; and
(b) after giving the owner of, or entity operating, the place at least 24 hours written notice; and
(c) at a reasonable time unless the director-general otherwise consents.
(4) For subsection (3) (a), an entitled person consents to a visit to a place by an official visitor if—
(a) the official visitor has the entitled person's—
(i) written consent; or
(ii) oral consent, if a written record of the consent is made by a person who heard the consent being given; or
(b) the official visitor—
(i) has taken reasonable steps to find out if the entitled person consents; and
(ii) reasonably believes the entitled person may not be able to make a decision about consent or communicate that decision; and
(iii) reasonably believes that a visit to the place is necessary and appropriate to allow the official visitor to exercise the official visitor's functions under this Act and the Official Visitor Act 2012
; and
(iv) the entitled person has not told, or otherwise indicated to, the official visitor that the person does not consent.
(5) If subsection (4) (b) applies and an official visitor
visits a place, the official visitor must, as soon as practicable, take
reasonable steps to make the entitled person aware that the place was visited.