297Powers of entry

297 Powers of entry

(1) For the purposes of conducting an investigation or clinical review or performing any other function of the chief psychiatrist under this Act or the regulations, the chief psychiatrist, or an authorised officer at the direction of the chief psychiatrist, may enter—

(a) the premises of a clinical mental health service provider; or

(b) in the case of an investigation or clinical review that relates to the provision of mental health and wellbeing services at a custodial setting—the custodial setting.

(2) Before the chief psychiatrist or an authorised officer enters a custodial setting in accordance with subsection (1)(b), one of the following persons must consent to the entry—

(a) in the case of a custodial setting that is a prison within the meaning of the Corrections Act 1986—the Commissioner within the meaning of that Act;

See section 42A of the Interpretation of Legislation Act 1984 regarding delegates.

(b) in the case of a custodial setting that is a remand centre, youth residential centre or youth justice centre—the Executive Director Custodial Operations, Department of Justice and Community Safety or the Commissioner within the meaning of the Corrections Act 1986;

(c) in the case of any other custodial setting—the Justice Secretary or the person responsible for the administration of the custodial setting.

(3) On entry to a custodial setting in accordance with subsection (1)(b), the following persons may give the chief psychiatrist or an authorised officer any direction that is necessary where there are significant concerns for the management, good order or security of the custodial setting—

(a) in the case of a custodial setting that is a prison within the meaning of the Corrections Act 1986—the Commissioner within the meaning of that Act;

(b) in the case of a custodial setting that is a remand centre, youth residential centre or youth justice centre—the Executive Director Custodial Operations, Department of Justice and Community Safety or the Commissioner within the meaning of the Corrections Act 1986;

(c) in the case of any other custodial setting—the person responsible for the administration of the custodial setting.

(4) If the chief psychiatrist, or an authorised officer at the direction of the chief psychiatrist, enters the premises of a clinical mental health service provider or a custodial setting under the powers conferred by this Act, the chief psychiatrist or authorised officer may do any one or more of the following provided it is consistent with any directions referred to under subsection (3)—