Commonwealth Consolidated Acts

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Power to enter premises with occupier's consent to exercise complaints powers

             (1)  Subject to subsections (2) to (5), an * authorised complaints officer may:

                     (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 * complaints powers.

             (2)  An * authorised complaints officer must not act as provided for under subsection (1) unless the officer does so:

                     (a)  in relation to a matter that is connected with the functions of the * Aged Care Complaints Commissioner; and

                     (b)  to the extent reasonably necessary for the purpose of:

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

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

             (3)  An * authorised complaints 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 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 complaints 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 complaints 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)(ba) to cooperate with a person exercising powers under this Division. An approved provider who:

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

(b)    withdraws consent for an authorised complaints 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 complaints officer must not enter premises under subsection (1) or do a thing referred to in section 94B-2 if:

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

                     (b)  the officer fails to do so.

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