Page 3491 - Week 10 - Tuesday, 17 September 2019
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visitor in relation to the place, the action taken on the complaints received, the number and kinds of matters referred by the official visitor to an investigative entity, and any systemic issues identified by the official visitor.
The report must also include the number of times the official visitor used the power under section 15(2)(b) to inspect records without the consent of the entitled person. The official visitor must also prepare a summary of the quarterly report for the minister who is responsible for the official visitor scheme. This helps the minister have greater oversight of the scheme as a whole.
The bill also places annual reporting obligations on the official visitors board. The board must prepare a written report to the minister within three months after the end of the financial year. The report must include the following information: the number of visits by official visitors, the number of complaints received by official visitors, the number of referrals of complaints to investigative entities, the action taken on the complaints received, any systemic issues in relation to the operation of the act identified by the board, the number and kinds of matters referred by the official visitor to an investigative entity, and the number of times the official visitor inspected records without the consent of the entitled person, in accordance with section 15(2)(b).Â
The minister must present the report to the Legislative Assembly within six sitting days after being given a copy of the report by the board and give additional public notice of the report. This provides more transparency about the operation of the scheme.
The bill gives official visitors greater access to records kept in visitable places in situations where this is reasonable and necessary. This increased access is confined to very specific circumstances and includes important safeguards. As a rule, an official visitor must take reasonable steps to find out if an entitled person consents to the official visitor accessing their records. An official visitor may only access the records without consent in situations where the official visitor forms the view on reasonable grounds that the entitled person may not be able to consent but the person has not indicated that they object to the records being inspected. The official visitor cannot override the entitled persons’ expressed wishes about the inspection of their records. Official visitors and the official visitors board must report on any instances where this power has been used.
I will also develop, in consultation with key stakeholders, guidelines for the use of this provision to make sure that these powers are used in a way that is consistent with the human rights of entitled people.
The bill amends the act to make it clear that, except if stated in the act or in other territory law, an official visitor is not subject to the direction of anyone else in relation to the exercise of their functions under the Official Visitor Act. This provision puts the independence of official visitors beyond doubt.
The bill improves the flexibility and coverage of the official visitor scheme by removing legislative restrictions on official visitors visiting other operational areas. In the current scheme official visitors are appointed under the five operational acts. They
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