Australian Capital Territory Numbered Acts

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CHILDREN'S SERVICES (AMENDMENT) ACT (NO. 70 OF 1991) - SECT 8

Insertion

8. After section 19 of the Principal Act the following sections are inserted:

“19A. (1) For the purposes of this Act there shall be an Official Visitor who shall be appointed by the Minister.

“(2) A person shall not be so appointed unless the Minister is satisfied that he or she has appropriate qualifications or experience.

“(3) A person so appointed holds office for a period not exceeding 3 years and is eligible for re-appointment.

“(4) A person so appointed may resign his or her office by writing signed by him or her and delivered to the Minister.

“(5) The Minister may terminate the appointment of an Official Visitor—

(a)     for misbehaviour;

(b)     for physical or mental incapacity;

(c)     if he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of those creditors; or

(d)     if he or she is convicted, in Australia or elsewhere, of an offence punishable by imprisonment for 12 months or longer.

“(6) The Official Visitor shall be paid such remuneration and allowances as are prescribed.

“(7) Subsection (6) does not apply in relation to—

(a)     remuneration if there is a subsisting determination relating to the remuneration to be paid to the Official Visitor; or

(b)     an allowance of a particular kind if there is a subsisting determination relating to an allowance of that kind to be paid to the Official Visitor.

“(8) In subsection (7)—

‘determination' means a determination of the Remuneration Tribunal.

“19B. (1) The Official Visitor shall—

(a)     visit and inspect shelters and institutions, as far as practicable at least once a week;

(b)     hear any complaints made by any children in the shelter or institution concerning—

              (i)     the manner of their care, detention or treatment; or

              (ii)     the manner in which the shelter or institution is conducted; and

(c)     investigate any such complaints.

“(2) A child may make complaints to an Official Visitor either—

(a)     personally; or

(b)     through a personal representative chosen by the child.

“(3) A child may have their complaint heard by the Official Visitor alone if the child so requests.

“(4) An Official Visitor may, of his or her own motion, or after investigating a complaint, make—

(a)     a report to the Minister; and

(b)     a recommendation to the Director.

“(5) The Official Visitor shall, as soon as practicable after each 30 June, lodge a report in writing to the Minister detailing how he or she has performed duties and exercised powers under this Act during the period of 12 months that ended on that date.

“(6) On receiving a report the Minister shall, as soon as practicable, table the report before the Assembly.”.



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