HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 164A Powers of authorised persons [NSW[#93]

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 164A

164A Powers of authorised persons [NSW[#93]

(1) An authorised person may exercise the powers conferred by this section for the purpose of--

(a) ascertaining whether the NSW provisions (including any conditions or suspension imposed under the NSW provisions) are being complied with or have been contravened; or

(b) investigating a complaint made or intended to be made under Division 3.

(2) An authorised person may, with the approval of the Council for a health profession, given on the particular occasion, enter and inspect at any reasonable time premises that the authorised person believes on reasonable grounds are being used for the carrying on of the practice of the health profession.

(3) While on premises entered under this section or under the authority of a search warrant under section 164B, an authorised person may do any one or more of the following--

(a) require any person on the premises to produce any records in the possession or under the control of that person relating to the carrying on of the practice of the health profession;

(b) inspect, take copies of, or extracts or notes from, the records and, if the authorised person considers it necessary to do so for the purpose of obtaining evidence, seize the records;

(c) examine and inspect any apparatus or equipment used or apparently used in the course of the practice of the health profession;

(d) take photographs, films and audio, video and other recordings as the authorised person considers necessary;

(e) require any person on the premises to answer questions or otherwise furnish information in relation to the carrying on of the practice of a health profession or a contravention of a NSW provision;

(f) require the owner or occupier of the premises to give the authorised person the assistance and facilities as is or are reasonably necessary to enable the authorised person to exercise the functions of an authorised person under this section.

(4) An authorised person is not entitled to enter a part of premises used for residential purposes, except--

(a) with the consent of the occupier of the part; or

(b) under the authority of a search warrant.

(5) An authorised person must, when exercising on any premises any function of the authorised person under this section, produce the authorised person's certificate of authority to any person apparently in charge of the premises who requests its production.

(6) If an authorised person seizes any records under this section, they may be kept by the authorised person until the completion of any proceedings (including proceedings on appeal) in which they may be evidence but only if the person from whom the records were seized is given, within a reasonable time after the seizure, a copy of the records certified by an authorised person as a true copy.

(7) A copy of a record given under subsection (6) is, as evidence, of equal validity to the record of which it is certified to be a copy.