Australian Capital Territory Consolidated Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 39

    (1)     An official visitor's functions are—

        (a)     to inspect—

              (i)     detention places (and places outside detention places where detainees are, or have been, directed to work or participate in an activity); and

              (ii)     therapeutic protection places; and

              (iii)     places of care; and

        (b)     to report to—

              (i)     the Minister under section 40; and

              (ii)     the director-general under section 41 (2); and

        (c)     to receive and consider complaints from entitled children and young people, and others on their behalf; and

        (d)     to be available to talk with entitled children and young people; and

        (e)     to exercise any other function given to an official visitor under this Act or another territory law.

    (2)     For subsection (1), an official visitor—

        (a)     must, if practicable, visit each detention place at least once each fortnight; and

        (b)     must, if practicable, visit a therapeutic protection place at least once each week if a child or young person is confined at the therapeutic protection place; and

        (c)     must, if practicable, visit a place of care at least once each month if a child or young person is being cared for at the place of care; and

        (d)     may, at any reasonable time, enter a detention place (or any place outside a detention place where detainees are, or have been, directed to work or participate in an activity), therapeutic protection place or place of care.

Example—time that would not be reasonable

a time that would hinder a search, or coincide with an escape attempt, at a detention place

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     An operating entity for a detention place, therapeutic protection place or place of care must give an official visitor any reasonable assistance the official visitor asks for to exercise the official visitor's functions at the place.

Examples

1     giving access to documents and records relating to a complaint

2     answering reasonable questions about the facts of a complaint

3     giving reasonable access to facilities

Note 1     The Legislation Act, s 170 deals with the application of the privilege against self-incrimination.

Note 2     Operating entity —see the dictionary.

Note 3     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     Before asking the operating entity for a detention place, therapeutic protection place or place of care for assistance that involves the giving of sensitive information, the official visitor must consider whether the complaint would be better dealt with by, and should be referred to, an investigative entity under section 49 (Complaints may be closed—referral to other entity).