QLDIn ForceAct
Public Guardian Act 2014
sec.44Power to do all things necessary or convenient
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### sec.44 Power to do all things necessary or convenient
A community visitor (adult) for a visitable site may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things—
enter the site during normal hours without notice;
with the public guardian’s authorisation, enter the site outside normal hours without notice;
require a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions;
inspect and take extracts from, or make copies of, any visitable site document;
confer alone with a consumer or a staff member at the site;
require a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ;
ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions.
A person who complies with a requirement under subsection (1) (c) or (f) does not incur any liability, either to the consumer or anyone else, because of the compliance.
A person must comply with a requirement under subsection (1) (c) or (f) , unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
It is a reasonable excuse for a person not to comply with a requirement under subsection (1) (c) or (f) because compliance with the requirement might tend to incriminate the person.
s 44 amd 2019 No. 19 s 64
(sec.44-ssec.1) A community visitor (adult) for a visitable site may do all things necessary or convenient to be done to perform the visitor’s functions, including, for example, the following things— enter the site during normal hours without notice; with the public guardian’s authorisation, enter the site outside normal hours without notice; require a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions; inspect and take extracts from, or make copies of, any visitable site document; confer alone with a consumer or a staff member at the site; require a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ; ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions.
(sec.44-ssec.2) A person who complies with a requirement under subsection (1) (c) or (f) does not incur any liability, either to the consumer or anyone else, because of the compliance.
(sec.44-ssec.3) A person must comply with a requirement under subsection (1) (c) or (f) , unless the person has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.44-ssec.4) It is a reasonable excuse for a person not to comply with a requirement under subsection (1) (c) or (f) because compliance with the requirement might tend to incriminate the person.
- (a) enter the site during normal hours without notice;
- (b) with the public guardian’s authorisation, enter the site outside normal hours without notice;
- (c) require a staff member at the site to answer questions, and produce visitable site documents, relevant to the visitor’s functions;
- (d) inspect and take extracts from, or make copies of, any visitable site document;
- (e) confer alone with a consumer or a staff member at the site;
- (f) require a staff member at the site to give the visitor reasonable help, if it is practicable to give the help, to enable the visitor to do the things mentioned in paragraphs (a) to (e) ;
- (g) ask the NDIS agency or NDIS commissioner for information the visitor considers necessary or convenient to perform the visitor’s functions.