HEALTH SERVICES ACT 1988 - SECT 147 Powers of authorised officers

HEALTH SERVICES ACT 1988 - SECT 147

    (1)     An authorised officer may at any time, with such assistance as he or she reasonably requires, for the purpose of ascertaining—

        (a)     whether this Act and the regulations are being complied with; and

        (b)     whether the agency or establishment is ensuring the well-being of persons accommodated in or receiving care from the agency or establishment—

enter the premises of a registered funded agency or health service establishment and may—

        (c)     inspect the premises; and

        (d)     inspect, take possession of, make copies of or take extracts from any document; and

        (e)     examine or seize any thing relevant to that purpose; and

S. 147(1)(ea) inserted by No. 18/2004 s. 23(1).

        (ea)     require a proprietor or any member of staff of the health service establishment—

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

              (ii)     to take reasonable steps to produce documents; and

        (f)     ask questions of any person accommodated in or receiving health care from the agency or establishment for the purpose of ascertaining whether the person's well-being is being adequately cared for by the agency or establishment.

    (2)     If any thing is seized by an authorised officer under subsection (1)—

        (a)     the authorised officer must give notice of the seizure in the prescribed form to the person apparently in charge of it or, if there is no such person, to the proprietor of the premises; and

        (b)     return the thing or document to the agency or establishment within 48 hours after it is seized.

S. 147(3) inserted by No. 18/2004 s. 23(2).

    (3)     If an authorised officer requires a person referred to in subsection (1)(ea) to answer a question to the best of that person's knowledge, information and belief, the authorised officer must advise the person that it is a reasonable excuse for that person to refuse to comply with the request if it would tend to incriminate that person.

S. 147A inserted by No. 99/1995 s. 19.