New South Wales Consolidated Acts

YOUTH AND COMMUNITY SERVICES ACT 1973 - SECT 25

25 Power of entry

(1) In this section, "officer" means an officer or a temporary employee of the Department or an officer or a temporary employee or member of the Health Commission of New South Wales.

(2) Subject to subsection (5), for the purposes of:

(a) making an inquiry under section 11 (2) in respect of any premises,

(b) ensuring that this Part and the regulations are being complied with on licensed premises, together with the conditions of the licence or permit for the premises,

(c) ensuring that the conditions, if any, of an exemption in force under section 23 are being complied with, or

(d) ascertaining whether a breach of this Part or the regulations is being committed with respect to unlicensed premises,

any officer may, at any time, enter the premises and inspect them and observe and converse with any person apparently residing at the premises.

(3) In exercising his or her powers under subsection (2), an officer may be accompanied by a medical practitioner or medical practitioners or a member or members of the police force and any such medical practitioner or medical practitioners may inspect the premises and observe, examine and converse with any person apparently residing at the premises.

(4) Nothing in this section authorises the examination of a person against his or her will.

(5) A person may not enter or inspect unlicensed premises pursuant to the power granted him or her by subsection (2) or (3) unless the person does so:

(a) for the purpose of making an inquiry under section 11 (2), or

(b) under the authority of a warrant issued under subsection (7).

(6) A person shall not:

(a) refuse or fail to admit an officer or other person exercising his or her power of entry under subsection (2) or (3),

(b) wilfully obstruct or delay an officer or other person exercising any of his or her powers under subsection (2) or (3).

Penalty: $500.

(7) Upon complaint made on oath by an officer that the officer suspects on reasonable grounds that a provision of this Part or the regulations has been or is being contravened within any premises, a Magistrate may issue a warrant authorising an officer or officers named in the warrant, together with any medical practitioner or medical practitioners so named (each of whom may, if the warrant so provides, be accompanied by any member or members of the police force) at any time or times within 14 days from the date of issue of the warrant to enter, if need be by the use of reasonable force, the premises described in the warrant, and to inspect the premises for evidence of such a contravention.