Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AGED CARE ACT 1997 - SECT 91.2

Consent

  (1)   Before obtaining the consent of an occupier of premises for the purposes of subsection   91 - 1(3), an * authorised officer must:

  (a)   inform the occupier that the occupier may refuse to give consent or may withdraw consent; and

  (b)   if the occupier is an approved provider--inform the occupier that the occupier has a responsibility under paragraph   63 - 1(1)(b) to cooperate with a person who is performing functions, or exercising powers, under this Part.

Note:   Failure to comply with that responsibility may result in a sanction being imposed on the approved provider under Part   7B of the * Quality and Safety Commission Act.

  (2)   A consent has no effect unless the consent is voluntary.

  (3)   A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.

  (4)   A consent that is not limited as mentioned in subsection   (3) has effect until the consent is withdrawn.

  (5)   If an * authorised officer entered premises because of the consent of the occupier of the premises, the officer must leave the premises if the consent ceases to have effect.

  (6)   If:

  (a)   an * authorised officer enters premises because of the consent of the occupier of the premises; and

  (b)   the officer has not shown the occupier the officer's identity card before entering the premises;

the officer must do so on, or as soon as is reasonably practicable after, entering the premises.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback