Victorian Consolidated Legislation

Child Employment Act 2003 - SECT 42

Power of entry

42. Power of entry



(1) At any time during ordinary working hours, a child employment officer may
without force enter-

   (a)  any premises identified in an application for a permit as an intended
        workplace of a child; or

   (b)  any premises at which the officer has reasonable grounds for believing
        that work, or any activity to which Part 3 applies, is being or has
        been performed or engaged in by a child; or

   (c)  any premises, being a place of business at which the officer has
        reasonable grounds for believing that there are documents relevant to
        the purpose of determining compliance with this Act or the
        regulations.

(2) If an owner or occupier of premises is present when a child employment
officer exercises a power of entry under this section, the officer must-

   (a)  produce his or her identity card for inspection; and

   (b)  inform the owner or occupier of the purpose of the entry.





(3) If a child employment officer exercises a power of entry under this
section without the owner or occupier being present, the officer must-

   (a)  on leaving the premises, leave a notice setting out-

   (i)  the time of entry; and

   (ii) the purpose of entry; and

   (iii) a description of all things done while on the premises; and

   (iv) the time of departure; and

   (v)  the procedure for contacting the officer for further details of the
        entry; and

   (b)  post a copy of that notice-

   (i)  to the owner of the premises, if the identity and address of the owner
        are known to the officer; and

   (ii) to the occupier of the premises, if the identity and address of the
        occupier are known to the officer.

(4) A child employment officer does not have authority to enter any part of
premises used for residential purposes, unless-

   (a)  the officer has, before the entry and in addition to complying with
        subsection (2), informed the occupier that he or she may refuse to
        consent to the entry; and

   (b)  the occupier has consented to the entry.







(5) If an occupier consents to an entry under subsection (4), the child
employment officer who requested consent must before entering the premises ask
the occupier to sign an acknowledgment in the prescribed form stating-

   (a)  that the occupier has been informed of the purpose of the entry; and

   (b)  that the occupier has been informed that he or she may refuse to
        consent to the entry; and

   (c)  that the occupier has consented to the entry; and

   (d)  the date and time that the occupier consented.

(6) An occupier who signs an acknowledgment must be given a copy of the signed
acknowledgment before the child employment officer leaves the premises.

(7) If, in any proceeding, an acknowledgment is not produced to the court or a
tribunal, it must be presumed, until the contrary is proved, that the occupier
did not consent to the entry.

(8) Subsection (4) does not apply to any part of premises used both for
residential purposes and for work. However, a child employment officer may
only enter such premises under this section if an owner or occupier is
present.