Australian Capital Territory
Official Visitor (Corrections Management) Appointment 2017 (No. 1)
Disallowable instrument DI2017‑2
made under the
Official Visitor Act 2012, section 10(1)(b)

EXPLANATORY STATEMENT

Section 10(1)(b) of the Official Visitor Act 2012 (the Act) authorises the Minister to appoint at least two official visitors for the purposes of the Corrections Management Act 2007, including one official visitor who is an Aboriginal or Torres Strait Islander person. The function of Official visitors is to work to protect human rights in different environments.  Official visitors operate in the ‘closed’ environments of youth and adult corrections and mental health and in the ‘open’ environments including disability and homelessness services.

This instrument appoints Ms Tracey Whetnall as official visitor for the purposes of the Corrections Management Act 2007. Ms Whetnall is an experienced official visitor with more than five years experience as Official visitor for the purposes of the Corrections Management Act 2007 and the Children and Young People Act 2008.  

Ms Whetnall has demonstrated a commitment to supporting Aboriginal and Torres Strait Islander people throughout her career, including as a Director of Gugan Gulwan Aboriginal Youth Corporation and while working on programs helping children and families.  She has a strong understanding of the justice system and is on call 24 hours a day as a volunteer to attend police interviews with young Aboriginal detainees.  

As required under subsection 10(2) of the Act, the appointing Minister has consulted with the operational Minister (being the Minister for Corrections) and is satisfied on reasonable grounds that Ms Whetnall has suitable qualifications or experience to exercise the functions of official visitor for the purposes of the Corrections Management Act 2007. 

Ms Whetnall is not a public servant as defined under the Legislation Act 2001 and is not excluded from appointment by being a public employee or holding a relevant interest as defined under subsection 10(3) of the Act.

As required by the Legislation Act, the Standing Committee on Legal Affairs has been consulted on the appointment.  The Committee has advised that it has no comments on the appointment of Mr Whetnall as an Official visitor.