Queensland Consolidated Acts

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HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 - SECT 83

83 Consent to entry

(1) This section applies if an investigator intends to ask an occupier of a place to consent to the investigator entering the place under section 82(1)(a).

(2) Before asking for the consent, the investigator must tell the occupier--

(a) the purpose of the entry; and
(b) that the occupier is not required to consent.

(3) If the consent is given, the investigator may ask the occupier to sign an acknowledgment of the consent.

(4) The acknowledgment must state--

(a) the occupier has been told--
(i) the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(b) the purpose of the entry; and
(c) the occupier gives the investigator consent to enter the place and exercise powers under this division; and
(d) the time and date the consent was given.

(5) If the occupier signs the acknowledgment, the investigator must immediately give a copy to the occupier.

(6) A court or disciplinary body must find the occupier of a place did not consent to an investigator entering the place under this division if--

(a) an issue arises in a proceeding before the court or disciplinary body whether the occupier of the place consented to the entry under section 82(1)(a); and
(b) an acknowledgment is not produced in evidence for the entry; and
(c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.


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