New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007 - SECT 51

51 Power to enter and inspect

(1) An authorised officer may, at any time, enter and inspect any premises for the purposes of determining whether there has been a contravention of this Act, the regulations or a licence condition.

(1A) The authorised officer may enter and inspect the premises either alone or together with such other persons as the authorised officer considers necessary.

(2) The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except with the permission of the occupier of the premises.

(3) An authorised officer may do any one or more of the following--

(a) direct a person to furnish any document or other thing that is in the possession, or under the control, of the person,

(b) inspect and copy all or part of any document or other thing,

(c) take and retain possession of any prescribed document or other thing for the period necessary to inspect and copy all or part of it,

(d) take photographs or video recordings,

(e) make such investigations and inquiries as may be necessary to ascertain whether an offence under this Act is being or has been committed.

(4) If an authorised officer has possession of any document or other thing pursuant to subsection (3) (c), the authorised officer must at any reasonable time--

(a) permit the inspection of it by a person who is entitled to inspect it, and

(b) permit a person to make an entry in it if the person is required to do so under this or any other Act or law.

(5) Subsection (3) (c) does not authorise an authorised officer to remove any document or other thing if--

(a) it relates to a person who is then a patient of the facility, and

(b) it may be required to be referred to for the purposes of providing the patient with nursing care or medical, surgical or other treatment.