496Powers of entry to the premises of a mental health and wellbeing service provider

496 Powers of entry to the premises of a mental health and wellbeing service provider

(1) For the purposes of an investigation under this Part an authorised investigator may enter—

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

(b) in the case of an investigation that relates to a person receiving mental health and wellbeing services at a custodial setting—the custodial setting.

(2) Before an authorised investigator enters a custodial setting in accordance with subsection (1)(b), the consent of one of the following persons must be obtained—

(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) The following persons may give an authorised investigator any direction that is necessary if there are significant concerns for the management, good order or security of the custodial setting on entry by the authorised investigator to the custodial setting in accordance with subsection (1)(b)—

(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) An authorised investigator must comply with any direction given under subsection (3).

(5) An authorised investigator who enters the premises of a mental health service provider or a custodial setting may do any one or more of the following—

(a) inspect, examine or make enquiries at the premises or custodial setting;

(b) examine or inspect any thing, including a document or part of a document, at the premises or custodial setting;