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Australian Capital Territory
Official Visitor Act 2012
A2012-33
Republication No 16
Effective: 24 February 2026
Republication date: 24 February 2026
Last amendment made by A2026-4
(republication for expiry of validation provisions (pt 12))
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About this republication
The republished law
This is a republication of the Official Visitor Act 2012 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 February 2026. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
24 February 2026.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Official Visitor Act 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
Part 2 Important concepts
6 Who is an official visitor? 3
7 What is an operational Act? 3
8 Who is an entitled person? 3
9 What is a visitable place? 4
9A Authorisation to visit places 4
Part 3 Appointment of official visitors
10 Appointment 5
Section 1 - Official Visitor Act 2012 - Official Visitor Act 2012 | Zoe
Contents
Page
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11 Conditions of appointment 6
12 Ending appointment 6
13 Handover of records by official visitors 7
Part 4 Functions of official visitors
14 Official visitor functions 9
14A Independence of official visitors 10
14B Conflict of interest 10
15 Official visitor may enter visitable place etc 10
16 Official visitor must report non-compliant visitable places 12
17 Reporting of complaints 13
18 Assistance to official visitors 15
19 Offences—failure to provide assistance etc 15
Part 5 Visits and complaints
20 Operating entity must let entitled people know about official visitors 17
21 Requests to meet official visitor 17
22 Complaints to official visitors 18
Part 5A Official visitors board
23A Establishment of official visitors board 19
23B Membership of official visitors board 19
23C Official visitors board functions 20
23D Official visitors board procedure 21
23DA Board annual report 21
Part 6 Miscellaneous
23DB Register of visitable places 23
23E Voting at meetings 24
23F Minister may make guidelines 25
24 Protection of officials from liability 25
24A Protection from liability 26
25 Offences—use or divulge protected information 26
25A Information sharing between official visitors 28
26 Approved forms 29
Contents
Page
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27 Regulation-making power 29
Dictionary 30
Endnotes
1 About the endnotes 32
2 Abbreviation key 32
3 Legislation history 33
4 Amendment history 35
5 Earlier republications 40
6 Expired transitional or validating provisions 42
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Australian Capital Territory
Official Visitor Act 2012
An Act to provide for the appointment of official visitors, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Official Visitor Act 2012.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘operational Act—see section 7.’
means that the term ‘operational Act’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Important concepts Part 2
Section 6
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Part 2 Important concepts
6 Who is an official visitor?
For this Act:
official visitor, for a visitable place, means a person authorised to visit
the place under section 9A.
7 What is an operational Act?
Each of the following is an operational Act:
(a) the Children and Young People Act 2008;
(b) the Corrections Management Act 2007;
(c) the Disability Services Act 1991;
(d) the Housing Assistance Act 2007;
(e) the Mental Health Act 2015.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
Act, s 104).
8 Who is an entitled person?
For this Act:
entitled person, at a visitable place, means—
(a) for a visitable place under the Children and Young People
Act 2008—see that Act, section 37, definition of entitled
person; and
(b) for a visitable place under the Corrections Management
Act 2007—see that Act, section 57, definition of entitled
person; and
(c) for a visitable place under the Disability Services Act 1991—
see that Act, section 8A, definition of entitled person; and
Part 2 Important concepts
Section 9
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(d) for a visitable place under the Housing Assistance Act 2007—
see that Act, section 25V, definition of entitled person; and
(e) for a visitable place under the Mental Health Act 2015—
see that Act, section 208, definition of entitled person.
9 What is a visitable place?
For this Act:
visitable place means a place mentioned in each of the following:
(a) the Children and Young People Act 2008, section 37, definition
of visitable place;
(b) the Corrections Management Act 2007, section 57, definition of
visitable place;
(c) the Disability Services Act 1991, section 8B;
(d) the Housing Assistance Act 2007, section 25V, definition of
visitable place;
(e) the Mental Health Act 2015, section 208, definition of visitable
place.
9A Authorisation to visit places
(1) An official visitor appointed under section 10 (1) for a visitable place
is authorised to visit the place.
(2) An official visitor appointed under section 10 (1) for a visitable place
is authorised to visit another visitable place if asked, in writing, to
visit the place, or deal with an entitled person at the place, by—
(a) an official visitor appointed under section 10 (1) for the place;
or
(b) the official visitors board.
Appointment of official visitors Part 3
Section 10
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Part 3 Appointment of official visitors
10 Appointment
(1) The Minister must appoint the following:
(a) for a visitable place under the Children and Young People
Act 2008—at least 2 official visitors, including 1 official visitor
who is an Aboriginal or Torres Strait Islander person;
(b) for a visitable place under the Corrections Management
Act 2007—at least 2 official visitors, including 1 official visitor
who is an Aboriginal or Torres Strait Islander person;
(c) for a visitable place under the Disability Services Act 1991—
at least 1 official visitor;
(d) for a visitable place under the Housing Assistance Act 2007—
at least 1 official visitor;
(e) for a visitable place under the Mental Health Act 2015—at least
1 official visitor.
(2) The Minister may appoint a person as an official visitor for a visitable
place only if—
(a) the Minister has consulted the operational Minister for the place;
and
(b) satisfied on reasonable grounds that the person has suitable
qualifications or experience to exercise the functions of an
official visitor for the place.
(3) However, the Minister must not appoint a person as an official visitor
for a visitable place if the person—
(a) is a public servant; or
(b) has an actual or perceived conflict of interest that would prevent
the official visitor from properly carrying out the functions of an
official visitor for the place.
Part 3 Appointment of official visitors
Section 11
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(4) An operational Act may prescribe additional requirements for
deciding whether or not to appoint a person as an official visitor for a
visitable place.
(5) In this section:
Aboriginal or Torres Strait Islander person means a person who—
(a) is a descendant of an Aboriginal person or Torres Strait Islander
person; and
(b) identifies as an Aboriginal person or Torres Strait Islander
person; and
(c) is accepted as an Aboriginal person or Torres Strait Islander
person by an Aboriginal community or Torres Strait Islander
community.
11 Conditions of appointment
(1) An appointment as an official visitor must not be for longer than
3 years.
(2) The conditions of appointment of an official visitor are the conditions
agreed between the Minister and the person, subject to any
determination under the Remuneration Tribunal Act 1995.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
Note 3 A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1,
def appoint).
12 Ending appointment
(1) The Minister may end a person’s appointment as an official visitor—
(a) for misbehaviour; or
Appointment of official visitors Part 3
Section 13
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(b) if the person—
(i) does not comply with any requirement in a guideline made
under section 23F; and
(ii) continues to fail to visit the visitable place as required for
4 consecutive weeks; or
(c) if an operational Act prescribes requirements that the person
must satisfy to be appointed as an official visitor—if the person
no longer satisfies the criteria.
(2) The Minister must end the person’s appointment as an official
visitor—
(a) for physical or mental incapacity, if the incapacity substantially
affects the exercise of the person’s functions; or
(b) if the person fails to take all reasonable steps to avoid being
placed in a position where a conflict of interest arises during the
exercise of the person’s functions.
(3) A person’s appointment as an official visitor ends, by force of this
section, if the person becomes a public servant.
Note A person’s appointment also ends if the person resigns (see Legislation
Act, s 210).
13 Handover of records by official visitors
(1) This section applies if a person’s appointment as an official visitor
ends.
(2) The person must, not later than 7 days after the day the appointment
ends, give any official visitor record held by the person in relation to
a visitable place to—
(a) the official visitors executive officer; or
(b) another official visitor for the place.
Part 3 Appointment of official visitors
Section 13
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(3) In this section:
official visitor record held by a person, means—
(a) a record made or received by the person because of the person’s
functions as an official visitor; or
(b) information held by the person because of the person’s functions
as an official visitor.
Functions of official visitors Part 4
Section 14
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Part 4 Functions of official visitors
14 Official visitor functions
(1) An official visitor for a visitable place has the following functions:
(a) to visit the place and meet entitled people at the place;
(b) to monitor conditions, services and practices in the place;
(c) to investigate and seek to resolve complaints from, or on behalf
of, entitled people at the place;
(d) to identify and report on systemic issues adversely affecting
entitled people at the place;
(e) if appropriate, to refer complaints or issues from, or on behalf
of, entitled people at the place to relevant investigative entities;
(f) to report to the Minister and operational Minister for the place
as required under this Act;
(g) to exercise any other function given to an official visitor under
this Act, an operational Act or another territory law.
(2) An official visitor must, in exercising the official visitor’s
functions—
(a) respect and promote the human rights of entitled people; and
(b) promote the provision of services to, and care and treatment of,
entitled people that is high quality and centres on the needs of
entitled people; and
(c) have regard to the wishes of entitled people in relation to visits
to visitable places and how complaints from or on behalf of
entitled people are dealt with; and
Part 4 Functions of official visitors
Section 14A
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(d) encourage the early resolution of complaints from, or on behalf
of, entitled people whenever reasonable and practicable to do so;
and
(e) have regard to the objects and principles in operational Acts.
14A Independence of official visitors
Except as provided in this Act or another territory law, an official
visitor is not subject to the direction of anyone else in relation to the
exercise of a function under this Act.
14B Conflict of interest
(1) An official visitor must take all reasonable steps to avoid being placed
in a position where a conflict of interest arises during the exercise of
the official visitor’s functions.
(2) An official visitor must give written notice of the following to the
official visitors board:
(a) any paid employment the official visitor proposes to undertake;
(b) any activity the official visitor proposes to undertake that may
give rise to a conflict of interest during the exercise of the
official visitor’s functions.
15 Official visitor may enter visitable place etc
(1) An official visitor for a visitable place may, at any reasonable time,
enter the visitable place following a complaint or at the official
visitor’s own initiative.
Example—time that would not be reasonable
a time that would hinder a search, or coincide with an escape attempt, at a visitable
place
Functions of official visitors Part 4
Section 15
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(2) The official visitor may, when at the visitable place, inspect any
health record or any other record relating to an entitled person at the
visitable place if—
(a) the official visitor has the entitled person’s—
(i) written consent; or
(ii) oral consent, if a written record of the consent is made by
a person who heard the consent being given; or
(b) the official visitor—
(i) has taken reasonable steps to find out if the entitled person
consents; and
(ii) reasonably believes the entitled person may not be able to
make a decision about consent or communicate that
decision; and
(iii) reasonably believes that access to the record is necessary
and appropriate to allow the official visitor to exercise the
official visitor’s functions under this Act; and
(iv) the entitled person has not told, or otherwise indicated to,
the official visitor that the person does not consent.
Examples—other record relating to an entitled person
for an entitled person in a mental health facility—dietary plans, behavioural plans,
records about seclusion or chemical restraint, day plans, lists of rostered carers
(3) If subsection (2) (b) applies and an official visitor inspects a record,
the official visitor must, as soon as practicable, take reasonable steps
to make the entitled person aware that the records were inspected.
(4) The operating entity for a visitable place must keep a record of each
time an official visitor accesses a record in accordance with
subsection (2) (b).
(5) The official visitor may also, when at the visitable place, inspect any
other record required to be kept under the operational Act.
Part 4 Functions of official visitors
Section 16
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(6) Subsection (2) (b) does not apply to any sensitive information
(as defined under the Children and Young People Act 2008,
section 845) included in a record.
Note The Children and Young People Act 2008, s 39 also deals with access to
sensitive information by an official visitor.
(7) Without limiting this section, the operational Act may prescribe
minimum requirements for—
(a) a visit by the official visitor to the visitable place; and
(b) inspecting records under this section.
16 Official visitor must report non-compliant visitable places
(1) This section applies if an official visitor for a visitable place believes
on reasonable grounds that any of the following is not in accordance
with the operational Act for the place:
(a) the care and other services provided to an entitled person at the
place;
(b) the living conditions and activities of an entitled person at the
place;
(c) if an entitled person is detained under the operational Act at the
place—the detention of the person at the place (including any
aspect of the treatment, living conditions, work or activities of
the detainee).
(2) The official visitor—
(a) must report the belief to the operational Minister; and
(b) may report the belief to—
(i) the relevant director-general; and
(ii) the public advocate; and
Functions of official visitors Part 4
Section 17
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(iii) if the entitled person is an Aboriginal or Torres Strait
Islander child or young person—the Aboriginal and Torres
Strait Islander children and young people commissioner;
and
(iv) the official visitors board; and
(v) the senior practitioner.
(3) An operational Act may prescribe other reporting requirements for
the visitable place.
17 Reporting of complaints
(1) An official visitor for a visitable place must prepare for each
quarter—
(a) a written report (a full report) stating—
(i) the number and kinds of complaints received by the official
visitor in relation to the place; and
(ii) the action taken on the complaints received; and
(iii) the number of visits by the official visitor to the place; and
(iv) the number and kinds of matters referred by the official
visitor to an investigative entity; and
(v) any systemic issues identified by the official visitor; and
(vi) the number of times the official visitor inspected records in
accordance with section 15 (2) (b); and
(b) a written report (a summary report) summarising the matters
mentioned in paragraph (a).
(2) The full report may include—
(a) comments by the official visitor about anything in relation to a
complaint mentioned in the report; and
Part 4 Functions of official visitors
Section 17
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(b) recommendations about any systemic issues identified by the
official visitor.
(3) The official visitor must give a copy of—
(a) the full report, as soon as practicable after the end of each
quarter, to—
(i) the operational Minister for the visitable place; and
(ii) if the official visitor makes a recommendation in relation
to the administrative unit responsible for administering the
operational Act for the place—the relevant
director-general for the place; and
(b) the summary report, as soon as practicable after the end of each
quarter, to the following:
(i) the Minister;
(ii) the official visitors board;
(iii) the official visitors executive officer.
(4) The official visitor may also give a copy of the report to any of the
following:
(a) the relevant director-general for the visitable place;
(b) the public advocate;
(c) if the report includes matters in relation to Aboriginal and Torres
Strait Islander children or young people—the Aboriginal and
Torres Strait Islander children and young people commissioner;
(d) if the report includes matters in relation to an administrative unit
or operational Act for which another Minister is responsible—
the other Minister.
(5) Information that identifies an entitled person at the visitable place—
(a) must not be included in a report to the Minister; and
Functions of official visitors Part 4
Section 18
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(b) for any other report—may only be included in the report if the
official visitor considers it necessary to deal with a complaint
mentioned or issue raised in the report.
(6) In this section:
investigative entity means an entity with power to require the
production of documents or the answering of questions including, for
example, the chief police officer, the human rights commission, the
Aboriginal and Torres Strait Islander children and young people
commissioner, the ombudsman and the integrity commissioner.
18 Assistance to official visitors
(1) An operating entity for a visitable place must give an official visitor
for the place 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 The Legislation Act, s 170 deals with the application of the privilege
against self-incrimination.
(2) An operating entity may only give an official visitor access to an
entitled person’s health record if the official visitor has complied with
section 15 (2) (a) or (b).
19 Offences—failure to provide assistance etc
(1) A person in charge of an operating entity for a visitable place must
not, without reasonable excuse—
(a) refuse or neglect to render assistance if asked by an official
visitor under section 18; or
Part 4 Functions of official visitors
Section 19
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(b) fail to answer any question if asked by an official visitor in the
exercise of the official visitor’s functions.
Maximum penalty: 50 penalty units.
(2) A person in charge of an operating entity for a visitable place must
not, without reasonable excuse, obstruct or hinder an official visitor
in the exercise of the official visitor’s functions.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) A person in charge of an operating entity for a visitable place must
keep a record of each visit by an official visitor to the visitable place.
Maximum penalty: 5 penalty units.
(4) In this section:
person in charge, of an operating entity, means—
(a) if the operating entity is the Territory—the relevant
director-general; and
(b) in any other case—the person in charge of the entity.
Visits and complaints Part 5
Section 20
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Part 5 Visits and complaints
20 Operating entity must let entitled people know about
official visitors
(1) An operating entity for a visitable place must tell an entitled person
at the visitable place, or a person acting on the entitled person’s
behalf, about—
(a) the functions of an official visitor; and
(b) how the official visitor may be contacted.
(2) Without limiting subsection (1), an operating entity for a visitable
place must, not later than when an entitled person first enters the
place, give the person information about their right to make
complaints under this Act in a way that is accessible to the person.
Examples—giving information
1 if an entitled person is likely to go to a common area in a visitable place—
a notice in a prominent position on the wall in the area
2 if it is not practicable or appropriate to put up a notice in a visitable place—
give an entitled person a pamphlet
3 if an entitled person is not able to see or understand information in writing—
tell the person orally
4 if an entitled person is not able to understand the information—give written
information to the person’s legal guardian
21 Requests to meet official visitor
(1) This section applies if an entitled person at a visitable place tells the
operating entity for the place that the person wants to meet an official
visitor.
(2) The operating entity must ensure that an official visitor for the
visitable place is told of the request as soon as practicable, but not
later than 24 hours after the request is made.
Part 5 Visits and complaints
Section 22
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(3) An operating entity must not ask an entitled person, and the person
need not explain to the operating entity, why the person wants to meet
an official visitor.
22 Complaints to official visitors
(1) An entitled person at a visitable place, or anyone else, may complain
to an official visitor for the place about any aspect of the person’s
accommodation including—
(a) the conditions of accommodation of an entitled person; or
(b) the care or services provided to an entitled person at the place;
or
(c) the activities available to an entitled person at the place; or
(d) how the place is conducted.
(2) The entitled person may make the complaint to the official visitor
personally or through someone else.
(3) The entitled person may ask to make a complaint—
(a) to the official visitor with no-one else present; and
(b) to an official visitor of the same gender.
(4) If the official visitor agrees that the complaint may be made with only
the entitled person present, the operating entity must provide
reasonably private facilities for the complaint to be made.
(5) In this section:
accommodation, of an entitled person, includes, if an entitled person
is detained or confined under an operational Act at a visitable place,
the person’s detention or confinement.
Official visitors board Part 5A
Section 23A
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Part 5A Official visitors board
23A Establishment of official visitors board
The official visitors board is established.
23B Membership of official visitors board
(1) The official visitors board is made up of—
(a) the public trustee and guardian; and
(b) at least 1 commissioner under the Human Rights Commission
Act 2005 nominated by the commissioners under that Act; and
(c) 2 official visitors elected by the official visitors; and
(d) any other members appointed by the Minister under
subsection (2).
(2) The Minister—
(a) must appoint the chair of the board; and
(b) may appoint other members of the board as the Minister
considers appropriate.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
(3) The Minister may determine procedures for subsection (1) (c).
(4) A determination is a notifiable instrument.
Part 5A Official visitors board
Section 23C
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23C Official visitors board functions
(1) The official visitors board has the following functions:
(a) to oversee the exercise of functions by official visitors under
this Act, an operational Act or another territory law;
(b) to arrange for the recruitment, induction, training and support of
official visitors;
(c) to provide support for and manage the exercise of functions by
official visitors under this Act, an operational Act or another
territory law;
(d) to consider and try to resolve any complaints about official
visitors;
(e) to exercise any other function given to the board under this Act,
an operational Act or another territory law.
(2) The chair of the board may arrange with the head of service to use the
services of a public servant (the official visitors executive officer)
to—
(a) provide support to the board in the exercise of the board’s
functions; and
(b) exercise any other function given to the official visitors
executive officer under this Act, an operational Act or another
territory law.
Note The head of service may delegate powers in relation to the management
of public servants to a public servant or another person (see Public Sector
Management Act 1994, s 18).
(3) The chair of official visitors board may delegate the board’s functions
under this Act, an operational Act or another territory law to the
official visitors executive officer or another public servant.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
Official visitors board Part 5A
Section 23D
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23D Official visitors board procedure
(1) Meetings of the official visitors board are to be held when and where
it decides.
(2) However—
(a) the official visitors board must meet at least quarterly; and
(b) the chair of the board may, by reasonable written notice given
to the other board members, call a meeting.
(3) The official visitors board may conduct its proceedings (including its
meetings) as it considers appropriate.
23DA Board annual report
(1) The official visitors board must give the Minister, within 3 months
after the end of a financial year, a written report for the financial year
about—
(a) the number of—
(i) visits by official visitors to visitable places; and
(ii) complaints received by official visitors in relation to
visitable places; and
(iii) referrals of complaints to investigative entities; and
(b) the action taken on the complaints received; and
(c) any systemic issues in relation to the operation of the Act
identified by the board; and
(d) the number and kinds of matters referred by an official visitor to
an investigative entity; and
(e) the number of times an official visitor inspected records in
accordance with section 15 (2) (b).
Part 5A Official visitors board
Section 23DA
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(2) The Minister must present the report to the Legislative Assembly
within 6 sitting days after being given a copy of the report by the
board.
(3) The Minister must give additional public notice of the report.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The
requirement in s (3) is in addition to the requirement for the Minister to
present the report to the Legislative Assembly under s (2).
(4) In this section:
investigative entity means an entity with power to require the
production of documents or the answering of questions including, for
example, the chief police officer, the human rights commission, the
Aboriginal and Torres Strait Islander children and young people
commissioner, the ombudsman and the integrity commissioner.
Miscellaneous Part 6
Section 23DB
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Part 6 Miscellaneous
23DB Register of visitable places
(1) The relevant director-general for a visitable place must keep a register
of each visitable place mentioned under the relevant operational Act.
(2) The register—
(a) must include—
(i) the address of each visitable place; and
(ii) if relevant for a visitable place—the contact details of a
person who can provide access to the place; and
(iii) any information prescribed by an operational Act; and
(b) may include—
(i) the name of each entitled person at each visitable place;
and
(ii) the name and contact details of each operating entity for
each visitable place; and
(iii) if an operating entity for a visitable place is not an
individual—the name, phone number and email address of
the following:
(A) an employee or volunteer based at the place;
(B) 2 employees of the entity.
(3) The relevant director-general for a visitable place must, on request,
give information on the register to any of the following:
(a) an official visitor for the place;
(b) the official visitors board;
(c) the official visitors executive officer;
Part 6 Miscellaneous
Section 23E
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(d) the public advocate;
(e) the Aboriginal and Torres Strait Islander children and young
people commissioner;
(f) a commissioner under the Human Rights Commission Act 2005;
(g) the senior practitioner.
(4) The relevant director-general for a visitable place may, on request,
give the information mentioned in subsection (2) (a) to any of the
following people, if satisfied giving the information is reasonable in
the circumstances:
(a) a person exercising a function under this Act or the operational
Act;
(b) a member of the emergency services under the Emergencies
Act 2004;
(c) an entitled person at the place;
(d) a carer or legal representative of an entitled person at the place;
(e) anyone else approved by the relevant director-general.
(5) In this section:
carer—see the Guardianship and Management of Property Act 1991,
section 6.
legal representative, of an entitled person who does not have legal
capacity, means the person’s parent or guardian.
23E Voting at meetings
(1) At an official visitors board meeting, each board member has a vote
on each question to be decided.
(2) A question is to be decided by a majority of the votes of the official
visitors board members present and voting but, if the votes are equal,
the chair of the board has a deciding vote.
Miscellaneous Part 6
Section 23F
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23F Minister may make guidelines
(1) The Minister may—
(a) after consulting the operational Minister for a visitable place,
make guidelines about—
(i) visits by an official visitor for the place; and
(ii) the inspection by an official visitor for the place of records
relating to entitled people at the place, including
requirements and guidance for compliance with
section 15 (2) (a) and (b) and (3); and
(iii) the handling of complaints, and referral of complaints to
investigative entities, by an official visitor for the place;
and
(iv) any other matter relating to the place or official visitor for
the place; and
(b) make guidelines about any other matter.
(2) A guideline is a disallowable instrument.
24 Protection of officials from liability
(1) An official is not civilly liable for anything done or omitted to be done
honestly and without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the act or omission was in the
exercise of a function under this Act.
(2) Any civil liability that would, apart from subsection (1), attach to an
official attaches instead to the Territory.
Part 6 Miscellaneous
Section 24A
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(3) In this section:
official means—
(a) an official visitor; or
(b) an official visitors board member; or
(c) the official visitors executive officer; or
(d) a person authorised under this Act to do or not to do a thing.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including any regulation (see Legislation
Act, s 104).
24A Protection from liability
(1) An entitled person at a visitable place, or anyone else, who takes any
of the following actions honestly and without recklessness does not
incur civil or criminal liability only because of taking the action:
(a) making a complaint under section 22 to an official visitor;
(b) making a statement, or giving a document or information,
as required or allowed under a territory law, to an official visitor.
(2) Also, taking an action mentioned in subsection (1) honestly and
without recklessness is not a breach of—
(a) confidence; or
(b) professional etiquette or ethics; or
(c) a rule of professional conduct.
25 Offences—use or divulge protected information
(1) A person to whom this section applies commits an offence if—
(a) the person uses information; and
(b) the information is protected information about someone else;
and
Miscellaneous Part 6
Section 25
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(c) the person is reckless about whether the information is protected
information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person to whom this section applies commits an offence if—
(a) the person does something that divulges information; and
(b) the information is protected information about someone else;
and
(c) the person is reckless about whether—
(i) the information is protected information about someone
else; and
(ii) doing the thing would result in the information being
divulged to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsections (1) and (2) do not apply if the information is used or
divulged—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function, as a person to whom this
section applies, under this Act or another territory law; or
(c) in a court proceeding.
(4) Subsections (1) and (2) do not apply to the using or divulging of
protected information about a person with the person’s consent.
Note The defendant has an evidential burden in relation to the matters
mentioned in ss (3) and (4) (see Criminal Code, s 58).
Part 6 Miscellaneous
Section 25A
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(5) A person to whom this section applies need not divulge protected
information to a court, or produce a document containing protected
information to a court, unless it is necessary to do so for this Act or
another law applying in the territory.
(6) In this section:
court includes a tribunal, authority or person having power to require
the production of documents or the answering of questions.
divulge includes—
(a) communicate; or
(b) publish.
person to whom this section applies means—
(a) a person who is or has been an official visitor; or
(b) anyone else who has exercised a function under this Act.
produce includes allow access to.
protected information means information about a person that is
disclosed to, or obtained by, a person to whom this section applies
because of the exercise of a function under this Act by the person or
someone else.
use information includes make a record of the information.
25A Information sharing between official visitors
(1) An official visitor may give official visitor information to another
official visitor (the receiving official visitor), and a receiving official
visitor may use the information, if the information is necessary for the
effective exercise of a function under this Act.
Miscellaneous Part 6
Section 26
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(2) If a receiving official visitor uses official visitor information given to
them under subsection (1)—
(a) a secrecy requirement is taken to apply to the receiving official
visitor in relation to the information; and
(b) the receiving official visitor is taken to be a person engaged in
the administration of the law that contains the secrecy
requirement.
(3) In this section:
official visitor information means information disclosed to, or
obtained by, an official visitor in the exercise of a function under
this Act.
secrecy requirement means a prohibition on the disclosure of
information that applies to an official visitor in relation to official
visitor information, whether the prohibition is absolute or subject to
stated exceptions or qualifications.
26 Approved forms
(1) The Minister may approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
(3) An approved form is a notifiable instrument.
27 Regulation-making power
The Executive may make regulations for this Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• appoint
• director-general (see s 163)
• exercise
• function
• integrity commissioner
• Minister (see s 162)
• public advocate
• public trustee and guardian.
Aboriginal and Torres Strait Islander children and young people
commissioner means the person appointed as the Aboriginal and
Torres Strait Islander Children and Young People Commissioner
under the Aboriginal and Torres Strait Islander Children and Young
People Commissioner Act 2022, section 10.
Aboriginal or Torres Strait Islander child or young person means a
child or young person who is an Aboriginal or Torres Strait Islander
person.
Aboriginal or Torres Strait Islander person—see the Aboriginal and
Torres Strait Islander Children and Young People Commissioner
Act 2022, dictionary.
entitled person, at a visitable place—see section 8.
health record—see the Health Records (Privacy and Access)
Act 1997, dictionary.
official visitor, for a visitable place—see section 6.
official visitors board means the official visitors board established
under section 23A.
Dictionary
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official visitors executive officer—see section 23C (2).
operating entity, for a visitable place, means—
(a) if the Territory operates the place—the relevant
director-general; or
(b) in any other case—the entity that operates the place.
operational Act—see section 7.
operational Minister, for a visitable place, means the Minister
responsible for the operational Act under which the visitable place is
mentioned.
relevant director-general, for a visitable place, means the
director-general of the administrative unit responsible for the
operational Act under which the place is mentioned.
senior practitioner means the Senior Practitioner under the
Senior Practitioner Act 2018.
visitable place—see section 9.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Official Visitor Act 2012 A2012-33
notified LR 15 June 2012
s 1, s 2 commenced 15 June 2012 (LA s 75 (1))
remainder commenced 1 September 2013 (s 2 (as am by A2013-22
s 4))
as amended by
Official Visitor Amendment Act 2013 A2013-22
notified LR 17 June 2013
s 1, s 2 commenced 17 June 2013 (LA s 75 (1))
remainder commenced 1 September 2013 (s 2 and see A2012-33 s 2
as am by this Act)
Mental Health Act 2015 A2015-38 sch 2 pt 2.4 div 2.4.12
notified LR 7 October 2015
s 1, s 2 commenced 7 October 2015 (LA s 75 (1))
sch 2 pt 2.4 div 2.4.12 commenced 1 March 2016 (s 2 (1) and see
Mental Health (Treatment and Care) Amendment Act 2014 A2014-51,
s 2 (as am by A2015-38 amdt 2.54))
Protection of Rights (Services) Legislation Amendment Act 2016
(No 2) A2016-13 sch 1 pt 1.29
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
sch 1 pt 1.29 commenced 1 April 2016 (s 2 and see Protection of
Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Statute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.10
notified LR 27 September 2017
s 1, s 2 commenced 27 September 2017 (LA s 75 (1))
sch 3 pt 3.10 commenced 11 October 2017 (s 2)
Integrity Commission Act 2018 A2018-52 sch 1 pt 1.18 (as am by
A2019-18 s 4)
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.18 commenced 1 December 2019 (s 2 (2) (a) as am by
A2019-18 s 4)
Endnotes
3 Legislation history
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Integrity Commission Amendment Act 2019 A2019-18
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))
Note This Act only amends the Integrity Commission Act 2018
A2018-52.
Official Visitor Amendment Act 2019 A2019-29
notified LR 2 October 2019
s 1, s 2 commenced 2 October 2019
s 7, s 9, s 10 (so far as it inserts s 15 (2)-(7)), s 16, s 19, ss 25-30,
ss 32-35, s 37 commenced 2 April 2020 (s 2 (1) and LA s 79)
remainder commenced 3 October 2019 (s 2 (2))
COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.15
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
sch 1 pt 1.15 commenced 8 April 2020 (s 2 (1))
Aboriginal and Torres Strait Islander Children and Young People
Commissioner Act 2022 A2022-25 sch 1 pt 1.5
notified LR 14 December 2022
s 1, s 2 commenced 14 December 2022 (LA s 75 (1))
sch 1 pt 1.5 commenced 15 December 2022 (s 2)
Justice and Community Safety Legislation Amendment Act 2025
A2025-2 pt 6
notified LR 20 February 2025
s 1, s 2 commenced 20 February 2025 (LA s 75 (1))
pt 6 commenced 27 February 2025 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.132
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.132 commenced 26 December 2025 (s 2 (7))
Justice and Community Safety Legislation Amendment Act 2026
A2026-4 pt 12
notified LR 16 February 2026
s 1, s 2 commenced 16 February 2026 (LA s 75 (1))
pt 12 commenced 23 February 2026 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 sub A2013-22 s 4
om LA s 89 (4)
Who is an official visitor?
s 6 sub A2019-29 s 4
What is an operational Act?
s 7 am A2015-38 amdt 2.81
Who is an entitled person?
s 8 sub A2019-29 s 5
What is a visitable place?
s 9 sub A2019-29 s 5
Authorisation to visit places
s 9A ins A2019-29 s 5
Appointment
s 10 am A2015-38 amdt 2.81
sub A2019-29 s 6
am A2026-4 s 38, s 39
Ending appointment
s 12 am A2013-22 s 5, s 24; A2019-29 s 7, s 8; A2026-4 s 40
Handover of records by official visitors
s 13 am A2019-29 s 9
Official visitor functions
s 14 am A2013-22 s 24
sub A2019-29 s 10
Independence of official visitors
s 14A ins A2019-29 s 10
Conflict of interest
s 14B ins A2026-4 s 41
Official visitor may enter visitable place etc
s 15 hdg sub A2013-22 s 6; A2019-29 s 10
s 15 am A2013-22 s 7; ss renum R1 LA
sub A2019-29 s 10
Official visitor must report non-compliant visitable places
s 16 am A2013-22 s 8; A2019-29 ss 11-13; A2022-25 amdt 1.79;
pars renum R12 LA
Endnotes
4 Amendment history
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Reporting of complaints
s 17 am A2013-22 s 9; A2017-28 amdt 3.30; A2019-29 s 14, s 15;
A2018-52 amdt 1.96
sub A2019-29 s 16
am A2022-25 amdt 1.80, amdt 1.81; pars renum R12 LA
Assistance to official visitors
s 18 am A2013-22 s 10, s 11; A2019-29 s 17, s 18; A2019-29 s 19;
ss renum R9 LA
Offences—failure to provide assistance etc
s 19 am A2013-22 s 12; A2025-29 amdt 4.133
Visits and complaints
pt 5 hdg sub A2013-22 s 13
Operating entity must let entitled people know about official visitors
s 20 am A2019-29 s 20
Requests to meet official visitor
s 21 am A2013-22 s 14; A2019-29 s 21, s 22
Complaints to official visitors
s 22 am A2019-29 s 23, s 24
Visit and complaint guidelines
s 23 hdg sub A2013-22 s 15
s 23 am A2013-22 s 16, s 24
om A2019-29 s 25
Official visitors board
pt 5A hdg ins A2013-22 s 17
Establishment of official visitors board
s 23A ins A2013-22 s 17
Membership of official visitors board
s 23B ins A2013-22 s 17
am A2016-13 amdts 1.98-1.100; pars renum R4 LA; A2017-28
amdt 3.31; A2019-29 s 26, s 27; A2025-29 amdt 4.133
Official visitors board functions
s 23C ins A2013-22 s 17
sub A2019-29 s 28
Official visitors board procedure
s 23D ins A2013-22 s 17
am A2016-13 amdt 1.101; A2019-29 s 29
Endnotes
Amendment history 4
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Board annual report
s 23DA ins A2019-29 s 30
am A2020-11 amdt 1.61
(3A), (3B) exp 8 October 2020 (s 23DA (3B))
am A2022-25 amdt 1.82
Register of visitable places
s 23DB ins A2019-29 s 31
am A2019-29 s 32; pars renum R9 LA; A2022-25 amdt 1.83;
pars renum R12 LA
Voting at meetings
s 23E ins A2016-13 amdt 1.102; A2019-29 s 33
Minister may make guidelines
s 23F ins A2019-29 s 34
am A2025-29 amdt 4.133
Protection of officials from liability
s 24 am A2013-22 s 18; pars renum R1 LA; A2019-29 s 35;
pars renum R9 LA
Protection from liability
s 24A ins A2025-2 s 40
Offences—use or divulge protected information
s 25 am A2013-22 s 19
Information sharing between official visitors
s 25A ins A2025-2 s 41
Approved forms
s 26 am A2017-28 amdt 3.32; A2025-29 amdt 4.133
Regulation-making power
s 27 am A2025-29 amdt 4.133
Legislation amended—sch 1
s 28 om LA s 89 (3)
Transitional
pt 10 hdg exp 1 September 2015 (s 54)
Definitions—pt 10
s 50 exp 1 September 2015 (s 54)
def commencement day exp 1 September 2015 (s 54)
def operational Act exp 1 September 2015 (s 54)
Unfinished complaints to official visitors
s 51 exp 1 September 2015 (s 54)
Existing appointments
s 52 exp 1 September 2015 (s 54)
Endnotes
4 Amendment history
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Transitional regulations
s 53 exp 1 September 2015 (s 54)
Expiry—pt 10
s 54 exp 1 September 2015 (s 54)
Transitional—Mental Health Act 2015
pt 11 hdg ins A2015-38 amdt 2.82
exp 1 September 2016 (s 62)
Definitions—pt 11
s 60 ins A2015-38 amdt 2.82
exp 1 September 2016 (s 62)
def commencement day ins A2015-38 amdt 2.82
exp 1 September 2016 (s 62)
def repealed Act ins A2015-38 amdt 2.82
exp 1 September 2016 (s 62)
Continued appointment
s 61 ins A2015-38 amdt 2.82
exp 1 September 2016 (s 62)
Expiry—pt 11
s 62 ins A2015-38 amdt 2.82
exp 1 September 2016 (s 62)
Validation
pt 12 hdg ins A2026-4 s 42
exp 23 February 2026 (s 64)
Validation of appointment of official visitor
s 63 ins A2026-4 s 42
exp 23 February 2026 (s 64)
Expiry—pt 12
s 64 ins A2026-4 s 42
exp 23 February 2026 (s 64)
Consequential amendments
sch 1 hdg om LA s 89 (3)
Children and Young People Act 2008
sch 1 pt 1.1 om LA s 89 (3)
Corrections Management Act 2007
sch 1 pt 1.2 om LA s 89 (3)
Disability Services Act 1991
sch 1 pt 1.3 om LA s 89 (3)
New section 9A
sch 1 amdt 1.27 om A2013-22 s 20
Endnotes
Amendment history 4
R16
24/02/26
Official Visitor Act 2012
Effective: 24/02/26
page 39
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
New section 11
sch 1 amdt 1.28 om A2013-22 s 20
Housing Assistance Act 2007
sch 1 pt 1.4 om LA s 89 (3)
Legislation Act 2001
sch 1 pt 1.5 om LA s 89 (3)
Mental Health (Treatment and Care) Act 1994
sch 1 pt 1.6 om LA s 89 (3)
Territory Records Regulation 2009
sch 1 pt 1.7 om LA s 89 (3)
Dictionary
dict am A2013-22 s 21; A2016-13 amdt 1.103; A2018-52
amdt 1.97
def Aboriginal and Torres Strait Islander children and
young people commissioner ins A2022-25 amdt 1.84
def Aboriginal or Torres Strait Islander child or young
person ins A2022-25 amdt 1.84
def Aboriginal or Torres Strait Islander person ins
A2022-25 amdt 1.84
def entitled person sub A2019-29 s 36
def health record ins A2013-22 s 22
def investigative entity am A2016-13 amdt 1.104
om A2017-28 amdt 3.33
def official visitor sub A2019-29 s 36
def official visitors board ins A2013-22 s 22
def official visitors executive officer ins A2019-29 s 37
def operating entity am A2013-22 s 23
def operational Minister sub A2019-29 s 38
def relevant director-general sub A2019-29 s 38
def senior practitioner ins A2019-29 s 39
def visitable place sub A2019-29 s 40
Endnotes
5 Earlier republications
page 40 Official Visitor Act 2012
Effective: 24/02/26
R16
24/02/26
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 Sept 2013
1 Sept 2013–
1 Sept 2015
A2013-22 new Act and
amendments by
A2013-22
R2
2 Sept 2016
2 Sept 2015–
29 Feb 2016
A2013-22 expiry of
transitional
provisions (pt 10)
R3
1 Mar 2016
1 Mar 2016–
31 Mar 2016
A2015-38 amendments by
A2015-38
R4
1 Apr 2016
1 Apr 2016–
1 Sep 2016
A2016-13 amendments by
A2016-13
R5
2 Sept 2016
2 Sept 2016–
10 Oct 2017
A2016-13 expiry of
transitional
provisions (pt 11)
R6
11 Oct 2017
11 Oct 2017–
2 Oct 2019
A2017-28 amendments by
A2017-28
R7
3 Oct 2019
3 Oct 2019–
30 Nov 2019
A2019-29 amendments by
A2019-29
R8
1 Dec 2019
1 Dec 2019–
1 Apr 2020
A2019-29 amendments by
A2018-52 as
amended by
A2019-18
R9
2 Apr 2020
2 Apr 2020–
7 Apr 2020
A2019-29 amendments by
A2019-29
R10
8 Apr 2020
8 Apr 2020–
8 Oct 2020
A2020-11 amendments by
A2020-11
Endnotes
Earlier republications 5
R16
24/02/26
Official Visitor Act 2012
Effective: 24/02/26
page 41
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Republication
No and date
Effective Last
amendment
made by
Republication
for
R11
9 Oct 2020
9 Oct 2020–
14 Dec 2022
A2020-11 expiry of provisions
(s 23DA (3A), (3B))
R12
15 Dec 2022
15 Dec 2022–
26 Feb 2025
A2022-25 amendments by
A2022-25
R13
27 Feb 2025
27 Feb 2025–
25 Dec 2025
A2025-2 amendments by
A2025-2
R14
26 Dec 2025
26 Dec 2025–
22 Feb 2026
A2025-29 amendments by
A2025-29
R15
23 Feb 2026
23 Feb 2026–
23 Feb 2026
A2026-4 amendments by
A2026-4