Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 18A

Powers of inspection

18A. Powers of inspection



(1) The Public Advocate is entitled to enter any premises on which an
institution is situated and-

   (a)  inspect those premises; and

   (b)  see any person who is a resident of those premises or who is receiving
        any service from the institution; and

   (c)  make enquiries relating to the admission, care, detention, treatment
        or control of any such person; and

   (d)  inspect any document relating to any such person or any record
        required to be kept under this Act, the Health Services Act 1988, the
        Disability Act 2006 or the Mental Health Act 1986.

(2) Subsection (1)(d) does not authorise the Public Advocate to inspect-

   (a)  a person's medical records unless that person consents; or

   (b)  personnel records unless the person to whom they relate consents.

(3) The person in charge and the members of staff or management of the
institution must provide the Public Advocate with any reasonable assistance
that the Public Advocate requires to perform or exercise any power, duty or
function under this section effectively.

(4) A person in charge or a member of the staff or management of an
institution must not-

   (a)  unreasonably refuse or neglect to give assistance when required to do
        so under subsection (3); or

   (b)  refuse or fail to give full and true answers to the best of that
        person's knowledge to any questions asked by the Public Advocate in
        the performance or exercise of any power, duty or function under this
        section; or

   (c)  assault, obstruct or threaten the Public Advocate in the performance
        or exercise of any power, duty or function under this section.

Penalty: 25 penalty units.

(5) In this section institution means any of the following-

   (a)  a disability service provider within the meaning of section 3(1) of
        the Disability Act 2006;

   (b)  a designated public hospital or supported residential service within
        the meaning of the Health Services Act 1988;

   (c)  a residential service, residential institution or residential
        treatment facility within the meaning of section 3(1) of the
        Disability Act 2006;

   (d)  a mental health service within the meaning of Division 5 of Part 6 of
        the Mental Health Act 1986.

_______________