Australian Capital Territory Numbered Acts

PUBLIC ADVOCATE ACT 2005 (NO. 47 OF 2005 ) - SECT 10

The public advocate has the following functions:

        (a)     acting as advocate for the rights of people with a disability and, as part of acting as advocate for those rights, doing the following:

              (i)     fostering the provision of services and facilities for people with a disability;

              (ii)     supporting the establishment of organisations that support people with a disability;

              (iii)     encouraging the development of programs that benefit people with a disability (including advocacy programs, educational programs and programs to encourage people to act as guardians and managers);

              (iv)     promoting the protection of people with a disability from abuse and exploitation;

        (b)     representing people with a disability at inquiries before the guardianship tribunal;

        (c)     representing forensic patients before the guardianship tribunal or a court;

        (d)     acting as advocate for the rights of children and young people and, as part of acting as advocate for those rights, doing the following:

              (i)     fostering the provision of services and facilities for children and young people;

              (ii)     supporting the establishment of organisations that support children and young people;

              (iii)     promoting the protection of children and young people from abuse and exploitation;

        (e)     monitoring the provision of services for the protection of children and young people;

        (f)     dealing, on behalf of people with a disability and children and young people, with entities providing services;

        (g)     investigating, reporting and making recommendations to the Minister on anything relating to the operation of this Act referred to the public advocate by the Minister;

        (h)     acting as a guardian or manager when appointed by the guardianship tribunal;

              (i)     promoting community discussion, and providing community education and information, about—

              (i)     the functions of the public advocate; and

              (ii)     the operation of this Act; and

              (iii)     the functions of the guardianship tribunal;

        (j)     exercising the functions given to the public advocate under the Children and Young People Act 1999 , the Guardianship and Management of Property Act 1991 and the Mental Health (Treatment and Care) Act 1994 ;

        (k)     exercising any other function given to the public advocate under this Act or another territory law.

Note     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity ).