401Visits to prescribed premises by community visitors

401 Visits to prescribed premises by community visitors

(1) A community visitor may visit (either in person or remotely) a prescribed premises with or without any notice at the times and for the periods—

(a) determined by the community visitor; or

(b) as directed by the Public Advocate or the Community Visitors Mental Health Board.

(2) When visiting a prescribed premises, a community visitor may—

(a) subject to subsection (3), enter and inspect any part of the premises; and

(b) speak to any person receiving mental health and wellbeing services at the prescribed premises who wishes to speak to the community visitor; and

(c) inspect any document (other than a clinical record) located at, or accessible from, the prescribed premises that—

(i) is required to be kept under this Act or the regulations; or

(ii) relates to a person receiving mental health and wellbeing services at the prescribed premises; and

(d) subject to subsections (3) and (4), photograph any object, furnishing or part of the prescribed premises that the community visitor considers necessary for the performance of the community visitor's functions or the exercise of the community visitor's powers under this Chapter; and

(e) with the consent of a person receiving mental health and wellbeing services, inspect the person's clinical record.

(3) A community visitor must not enter, inspect or photograph the bedroom of a person receiving mental health and wellbeing services at a prescribed premises unless the person has given consent.

(4) A community visitor must not take a photograph under subsection (2)(d) that could identify any person.

document includes any incident report that relates to a person receiving mental health and wellbeing services at the prescribed premises.