Australian Capital Territory Consolidated Acts

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MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 121

Appointment etc

    (1)     For this Act, the Minister may appoint 1 or more official visitors for an approved mental health facility.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2     In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3     Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

    (2)     A person is eligible for appointment as an official visitor if the person—

        (a)     is a legal practitioner who has not less than 5 years practising experience; or

        (b)     is a medical practitioner; or

        (c)     has been nominated by a body representing consumers of mental health services; or

        (d)     has experience and skill in the care of persons with a mental dysfunction or mental illness.

    (3)     A person shall not be appointed an official visitor if the person—

        (a)     is a public servant; or

        (b)     has a direct interest in a contract with an approved mental health facility or a mental health care provider; or

        (c)     has a financial interest in a private hospital.

    (4)     A person shall not be appointed as an official visitor unless the Minister is satisfied that the person has appropriate qualifications and experience to exercise the functions of an official visitor.

    (5)     The Minister may terminate the appointment of an official visitor—

        (a)     for misbehaviour; or

        (b)     for physical or mental incapacity; or

        (c)     who is convicted, in Australia or elsewhere, of an offence punishable on conviction by imprisonment for 1 year or longer; or

        (d)     if the person ceases to be a person who is eligible for appointment.



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