PUBLIC ADVOCATE ACT 2005 (NO. 47 OF 2005 )

Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

PUBLIC ADVOCATE ACT 2005 (NO. 47 OF 2005 ) - SCHEDULE 1

Schedule 1 Consequential amendments

(see s 26)

Part 1.1 Adoption Act 1993

[1.1] Section 4 , definition of community advocate

omit

[1.2] Section 26 (10)

substitute

(10) In this section:

"prescribed person", in relation to an application for a discharging order for a child, means the Minister, the chief executive, the public advocate, the child, an adoptive parent or a person whose consent to the adoption was required.

[1.3] Section 103

omit

Part 1.2 Children and Young People Act 1999

[1.4] Section 405

omit

A person who is

substitute

(1) A person who is

[1.5] Section 405

omit

Community Advocate Act 1991

substitute

Public Advocate Act 2005

[1.6] New section 405 (2)

insert

(2) In this section:

"public advocate" includes a person who has been the community advocate under the Community Advocate Act 1991 , as in force at any time.

(3) Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(4) Subsections (2) and (3) and this subsection expire 1 month after the day they commence.

[1.7] Mentions of community advocate

omit

community advocate

substitute

public advocate

• section 40

• section 42 (1) (e)

• sections 44 to 46

• section 61 (e)

• section 75

• section 117 (2) (a)

• section 121 (b)

• section 138 (b)

• section 159 (1) (j)

• section 162 (2)

• section 164

• section 175 (5)

• section 176 (3) (b)

• section 196 (3)

• section 205 (1) (a)

• section 205A (1) (a)

• section 205C (3)

• section 226 (1) (b)

• section 231 (2) (d)

• section 239 (1) (d)

• section 241

• section 243

• section 248 (2) (b)

• section 267 (2) (d)

• section 269

• section 280 (2)

• section 283 (2)

• section 290 (b)

• section 302 (1) (c)

• section 311 (c)

• section 323E

• section 403B (b)

• section 405

• section 409 (1)

• schedule 1, column 3, items 1 to 11

Part 1.3 Crimes (Child Sex Offenders) Act 2005

[1.8] Dictionary, definition of forensic patient

substitute

"forensic patient"—see the Public Advocate Act 2005 , dictionary.

Part 1.4 Domestic Violence and Protection Orders Act 2001

[1.9] Section 11 (4)

substitute

(4) Further, if the aggrieved person is a person with a legal disability, the public advocate may make an application as the person's next friend.

[1.10] Section 101 (2) (d)

substitute

(d) information from being given to the public advocate in relation to the exercise of the public advocate's functions; or

Part 1.5 Domestic Violence and Protection Orders Regulation 2002

[1.11] Section 54 (2) (c)

substitute

Part 1.6 Legislation Act 2001

[1.12] Dictionary, part 1, definition of community advocate

omit

[1.13] Dictionary, part 1, new definition of public advocate

insert

"public advocate" means the Public Advocate under the Public Advocate Act 2005 .

Part 1.7 Mental Health (Treatment and Care) Act 1994

[1.14] Section 4A, note 1, new dot point

insert

• s 45 (Communication during detention)

[1.15] Section 20

substitute

20 Public advocate and person's lawyer to have access

(1) If a person is admitted to a facility under an order under section 16, the public advocate and the person's lawyer are entitled to have access to the person at any time.

(2) The person in charge of a facility must, if asked by the public advocate or the person's lawyer, give any reasonable assistance that is necessary to allow the public advocate or lawyer to have access to the person.

[1.16] Section 36I

substitute

36I Communication with public advocate and person's lawyer

(1) If the relevant official has imposed limits on communication by a person under section 36H, the official must ensure that the person has reasonable access to facilities, and adequate opportunity, to contact the public advocate and the person's lawyer.

(2) The relevant official must, if asked by the public advocate or the person's lawyer, give any reasonable assistance necessary to allow the public advocate or lawyer to have access to the person.

(3) In this section:

"relevant official"—see section 36H (8).

[1.17] Section 45

substitute

45 Communication during detention

(1) A person commits an offence if—

(a) the person is in charge of a mental health facility; and

(b) a person (the detainee ) is detained at the facility; and

(c) the person does not ensure that, during the detention, the detainee has reasonable access to facilities, and adequate opportunity, to contact the public advocate and the detainee's lawyer.

Maximum penalty: 20 penalty units.

(2) A person commits an offence if—

(a) the person is in charge of a mental health facility; and

(b) a person (the detainee ) is detained at the facility; and

(c) the public advocate or the detainee's lawyer asks the person to give any reasonable assistance necessary to allow the public advocate or lawyer to have access to the detainee; and

(d) the person does not ensure that the assistance is given.

Maximum penalty: 50 penalty units.

(3) An offence against this section is a strict liability offence.

[1.18] Section 122B (3)

substitute

(3) If an official visitor visits a mental health facility under section 122, the visitor must report, in writing, to the Minister and public advocate in relation to the exercise of the visitor's functions under section 122 or section 122A.

[1.19] Further amendments, mentions of community advocate

omit

community advocate

substitute

public advocate

• section 16 (6)

• section 19 (b)

• section 22 (c)

• section 32 (6)

• section 34 (2)

• section 35 (4) (b)

• section 36D