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AGED CARE ACT 1997 - SECT 90.4

Meaning of monitoring powers

             (1)  The following powers are monitoring powers :

                     (a)  any of the following in relation to premises:

                              (i)  to search the premises;

                             (ii)  to take photographs (including a video recording), or make sketches, of the premises or any substance or thing at the premises;

                            (iii)  to inspect, examine and take samples of, any substance or thing on or in the premises;

                            (iv)  to inspect any document or record kept at the premises;

                             (v)  to take extracts from, or make copies of, any document or record at the premises;

                            (vi)  to take onto the premises any equipment or material reasonably necessary for the purpose of exercising a power under paragraph (i), (ii), (iii), (iv) or (v);

                     (b)  in relation to a thing that may afford evidence of the commission of an offence against this Act, the powers in subsection (2);

                     (c)  in relation to documents or records at premises, the powers in subsections (3) and (4).

             (2)  If an * authorised officer, during a search of premises, believes on reasonable grounds that there is at the premises a thing that may afford evidence of the commission of an offence against this Act, the monitoring powers include securing the thing pending the obtaining of a warrant to seize it.

             (3)  The monitoring powers include operating equipment at the premises to see whether:

                     (a)  the equipment; or

                     (b)  a disk, tape or other storage device that:

                              (i)  is at the premises; and

                             (ii)  can be used with or is associated with the equipment;

contains information that is relevant to assessing, in respect of an approved provider, any of the following things:

                     (c)  whether responsibilities under Chapter 4 have been complied with;

                     (d)  whether claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;

                     (e)  whether appraisals or reappraisals made under Part 2.4 have been properly made;

                      (f)  whether conditions of grants under Chapter 5 have been complied with;

                     (g)  whether records have been kept as required under Part 6.3.

             (4)  If an * authorised officer, after operating equipment at the premises, finds that the equipment, or a disk, tape or other storage device at the premises, contains information of that kind, the monitoring powers include:

                     (a)  operating facilities at the premises to put the information in documentary form and copying the documents so produced; or

                     (b)  if the information can be transferred to a disk, tape or other storage device that:

                              (i)  is brought to the premises; or

                             (ii)  is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;

                            operating the equipment or other facilities to copy the information to the storage device and removing the storage device from the premises.



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