Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BB

Power to enter public authority premises

61BB. Power to enter public authority premises



(1) An authorised officer may-

   (a)  enter at any time premises occupied by a public authority at which the
        authorised officer reasonably believes there are documents or other
        things at the premises that are relevant to an investigation; and

   (b)  inspect or copy any document or other thing found at any premises
        entered under paragraph (a); and

   (c)  do anything that it is necessary or convenient to do to enable an
        inspection to be carried out under this section.

(2) On exercising a power of entry under this section, the authorised officer
must-

   (a)  identify himself or herself to a person at the premises; and

   (b)  announce that he or she is authorised to enter the premises.

(3) An authorised officer must not inspect or copy a document or thing under
subsection (1)(b) if-

   (a)  a person at the premises claims that the document or thing is the
        subject of legal professional privilege; or

   (b)  no claim is made that the document or thing is the subject of legal
        professional privilege but-

   (i)  it appears to the authorised officer that the document or thing may be
        the subject of legal professional privilege; and

   (ii) it does not appear to the authorised officer that the person entitled
        to the benefit of that privilege has consented to the inspection or
        production. Note Section 61BE sets out the procedure to be followed if
        the authorised officer wants to inspect or copy a document or thing
        that may be the subject of legal professional privilege.

(4) An authorised officer does not have authority under this section to enter
any part of the premises that is used for residential purposes.