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AGED CARE ACT 1997 - SECT 91.1

Power to enter premises with occupier's consent to monitor compliance

             (1)  An * authorised officer may, to the extent that it is reasonably necessary for any of the purposes set out in subsection (2):

                     (a)  enter:

                              (i)  the premises of an * aged care service at any time of the day or night; or

                             (ii)  any other premises (including residential premises) at any time between 9 am and 5 pm on a business day; and

                     (b)  exercise * monitoring powers.

             (2)  An * authorised officer may act as provided for under subsection (1) for any of the following purposes:

                     (a)  assessing whether an approved provider is complying with its responsibilities under Chapter 4;

                     (b)  assessing whether an approved provider's 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;

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

                     (d)  assessing whether conditions of a grant under Chapter 5 have been complied with;

                     (e)  assessing whether records have been kept as required under Part 6.3;

                      (f)  assessing any application made under this Act or the Aged Care (Transitional Provisions) Act 1997 .

             (3)  However, an * authorised officer must not enter premises under subsection (1) unless the occupier of the premises has consented to the entry. An occupier of premises may withdraw consent at any time. The authorised officer must leave the premises if the occupier asks the authorised officer to do so.

             (4)  Before obtaining the consent of an occupier, the * authorised officer must inform the occupier that he or she may refuse to give consent, or withdraw that consent at any time. An entry by an authorised officer by virtue of the consent of an occupier is not lawful unless the person voluntarily consented to the entry.

Note:          Approved providers have a responsibility under paragraph 63-1(1)(b) to co-operate with a person exercising powers under this Part and to comply with this Part in relation to the person's exercise of those powers. An approved provider who:

(a)    refuses to consent to the entry of an * authorised officer; or

(b)    withdraws consent for an authorised officer to enter premises;

                   may not be complying with that responsibility. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (5)  An * authorised officer must not enter premises under subsection (1) or do a thing referred to in section 90-4 if:

                     (a)  the occupier of the premises has asked the authorised officer to produce his or her identity card for inspection by the occupier; and

                     (b)  the authorised officer fails to do so.



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