Victorian Consolidated Legislation

Children's Services Act 1996 - SECT 36

Powers of entry

36. Powers of entry



(1) An authorised officer may at any reasonable time, with such assistants as
may reasonably be required, for the purpose of monitoring whether this Act is
being or has been complied with-

   (a)  enter-

   (i)  subject to subparagraph (ii), any premises where a licensed children's
        service is operating or where the authorised officer believes on
        reasonable grounds that a licensed children's service is operating; or

   (ii) any part of a family day carer's residence that the authorised officer
        believes on reasonable grounds is being used to provide care or
        education to a child on behalf of a family day care service, during
        the hours that the care or education is being provided;

   (b)  inspect the premises and any plant, equipment, vehicle or other thing
        used or suspected of being used in the provision of a children's
        service;

   (c)  take photographs or video recordings, or make sketches, of the
        premises or anything at the premises;

   (d)  inspect and make copies of, or take extracts from, any document kept
        at the premises;

   (e)  seize any document, record or any other thing at the premises used or
        suspected of being used in the provision of a children's service;





   (f)  require a person at the premises-

   (i)  to answer a question to the best of that person's knowledge,
        information and belief;

   (ii) to take reasonable steps to provide information or produce a document.

(2) If the authorised officer seizes any document, record or thing under
subsection (1), he or she must-

   (a)  give notice of the seizure to the person apparently in charge of it or
        to an occupier of the premises; and

   (b)  return the document or thing to that person or the premises within 48
        hours after seizing it.

(3) An authorised officer may not, under this section (except as provided in
subsection (1)(a)(ii)), enter a residence unless-

   (a)  a children's service licensed to operate under this Act is operating
        at the premises of the residence; or

   (b)  the occupier of the residence has consented in writing to the entry
        and the inspection.

(4) An occupier who consents in writing to the entry and search of his or her
premises or residence under this section must be given a copy of the signed
consent immediately.

(5) If, in any proceeding, a written consent is not produced to the court, it
must be presumed until the contrary is proved, that the occupier did not
consent to the entry and search.