Australian Capital Territory
Explanatory Statement
Mental Health (Treatment and Care) (Official Visitors) Appointment 2012 (No 1)
Disallowable Instrument DI2012-183
made under the
Mental Health (Treatment and Care) Act 1994, Part 11 – Official Visitors, Subsection 121(1) (Appointment)  

Section 121 (1) of the Mental Health (Treatment and Care) Act 1994 (the Act) allows for the Minister for Health to appoint one or more official visitors. Section 122 of the Act provides for the functions and duties; powers; and reports by Official Visitors.

This instrument makes the appointment under the Legislation Act 2001. Accordingly, the instrument is a disallowable instrument.

This instrument appoints Ms Pamela Burton as an Official Visitor for a period of three years from the day after notification of the disallowable instrument on the ACT Legislation Register. 

The appointment complies with the provisions of section 121 (2) of the Act
	(2)	A person is eligible for appointment as an official visitor if the person —
	a)	is a legal practitioner who has not less than 5 years practising experience; or
	(d)	has experience and skill in the care of persons with a mental dysfunction or mental illness.
Ms Burton is eligible for appointment as an official visitor as she is qualified legal practitioner who has more than 5 years legal practising experience and, has extensive experience and skills in the care of persons with a mental Illness.   

Further Ms Burton is not excluded from appointment under section 121 (3) of the Act in that;
	(3)	A person shall not be appointed an official visitor if the person—
	(a)	is a public servant; or
	(b)	has a direct interest in a contract with an approved mental health facility or a mental health care provider; or
	(c)	has a financial interest in a private hospital.

Ms Burton is not a public servant, has no direct interest in a contract with an approved mental health facility or a mental health care provider, and has no financial interest in a private hospital.

In accordance with paragraph 227(2) (a) of the Legislation Act 2001 the appointment contained in this instrument is not a public servant.

The Standing Committee on Health, Community and Social Services considered the appointment on 30 May 2012 and agreed to the appointment of Ms Burton.