Official Visitor for disability services

The OV Act came into effect on 1 September 2013. The legislation can be accessed at http://www.legislation.act.gov.au/a/2012-33/default.asp.

 

The intent of the OV Act is to improve the monitoring and complaints system for people who live in government institutions and expands the scheme for people in community settings who, while not being detained against their will, cannot move elsewhere if there is a problem with their accommodation or the responsible service provider.

 

Under the OV Act the official visitor will undertake scheduled visits; receive and consider complaints from people with disability; be available to talk to people with disability and anyone else who has a concern about an individual. The Official Visitor has a responsibility to report to the Minister for Disability, Children and Young People, Ms Joy Burch MLA.

 

Disability ACT is in the process of collecting a list of visitable places that the Official Visitor can use to schedule visits.  The definition of a visitable place means:

             (a)   disability accommodation for respite or long-term residential purposes wholly or partly funded by the Territory; and

             (b)   includes a residential aged care facility that accommodates a person with disability who is less than 65 years old.

 

In compiling the list, Disability ACT is making contact with funded community organisations to ascertain places of accommodation, services/ supports, number of people in those places and contact information. The information collected in this process will be treated in confidence to respect the privacy of the individuals living in the places which have been identified.  Disability ACT will also be making further contact with relevant organisations for assistance to disseminate consent forms to allow the details collected to be shared with the Official Visitor.

 

The OV Act will require community organisations that fall within the definition of visible place to:

·         Provide information about the functions of the official visitor and how they can be contacted to their service recipients.

·         Give an official visitor any reasonable assistance to exercise their functions including facilitating access to documents, answering reasonable questions and giving access to premises. The official visitor may also enter a visitable place without notice to the community organisation where there is a belief of risk of harm to an individual, and where a person with disability consents to a visit.

 

ADACAS has been engaged by Disability ACT to develop self advocacy awareness and training tool about the Official Visitor scheme for people with disability, families and service providers. Work has commenced on developing facts sheets.

 

Further information will be provided at the next Disability Sector Forum on
12 September 2013.  Should you have any queries regarding the Official Visitor scheme, please contact Mimi Dyall, Manager Strategic Policy on 6205 1566 or email mimi.dyall@act.gov.au.