27BPublic advocate’s functions

27B Public advocate’s functions (1) The public advocate has the following functions: (a) to advocate for the rights of people with a disability and, as part of advocating 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;

Public advocate Division 3.7A (b) to advocate for the rights of children and young people and, as part of advocating for those rights, doing the following: (i) fostering the provision of services and facilities for (ii) supporting the establishment of organisations that support (iii) promoting the protection of children and young people from abuse and exploitation; (c) to represent forensic patients before the ACAT or a court; (d) to listen to and investigate concerns from children and young people about the provision of services for the protection of (e) investigate matters in relation to which the public advocate has a function; (f) monitoring the provision of services for the protection of (g) dealing, on behalf of people with a disability and children and young people, with entities providing services; (h) any other function given to the public advocate under this Act or any other territory law. Note The public advocate also has functions under the Children and Young People Act 2008, the Guardianship and Management of Property Act 1991 and the Mental Health Act 2015. disability means one of the following conditions if the condition gives rise to a need for protection from abuse, exploitation or neglect, or a combination of those things: (a) a physical, mental, psychological or intellectual condition; (b) a condition that would make a person a forensic patient.

forensic patient includes a person who has been— (a) apprehended by a police officer because the person’s behaviour or statements indicate to the officer that the person may have a mental disorder or mental illness; or (b) found by a court or the ACAT to be unfit to plead; or (c) acquitted of a criminal charge because of mental impairment; or (d) found guilty of a criminal offence and is, or while serving a sentence of imprisonment has become, a person with a mental disorder or mental illness. mental disorder—see the Mental Health Act 2015, section 9. mental illness—see the Mental Health Act 2015, section 10. 27BA Public advocate to report to ACAT The public advocate must report to the ACAT about a matter before the ACAT if asked by the ACAT. 27BB Disclosure of information about investigations by public advocate (1) Section 99 (Secrecy) does not prevent the public advocate from disclosing information to a person (including members of the public) about an investigation by the public advocate if the public advocate is satisfied that the disclosure is necessary and reasonable in the public interest. (2) However, the public advocate must not make a disclosure— (a) that is likely to prejudice the investigation; or (b) that includes an opinion that is (expressly or impliedly) critical of a person or body unless the public advocate has given the person, or the principal officer of the body, an opportunity to answer the criticism; or