Document ID: chunk:federal_register_of_legislation:C2015A00131:clause:1_11:p2
Version: federal_register_of_legislation:C2015A00131
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 2/4)
Character Range: 9221–11940

to see whether:
 (a) the equipment; or
 (b) a disk, tape or other storage device that:
 (i) is at the premises; and
 (ii) can be used with or is associated with the equipment;
contains information that is relevant to assessing, in respect of an approved provider:
 (c) whether responsibilities under Chapter 4 have been complied with; or
 (d) whether records have been kept as required under Part 6.3.
 (4) If an *authorised complaints officer, after operating equipment at the premises, finds that the equipment, or a disk, tape or other storage device at the premises, contains information of that kind, the complaints powers include:
 (a) operating facilities at the premises to put the information in documentary form and copying the documents so produced; or
 (b) if the information can be transferred to a disk, tape or other storage device that:
 (i) is brought to the premises; or
 (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;
  operating the equipment or other facilities to copy the information to the storage device and removing the storage device from the premises.

94B‑3  Power to enter premises with occupier's consent to exercise complaints powers
 (1) Subject to subsections (2) to (5), an *authorised complaints officer may:
 (a) enter:
 (i) the premises of an *aged care service at any time of the day or night; or
 (ii) any other premises (including residential premises) at any time between 9 am and 5 pm on a business day; and
 (b) exercise *complaints powers.
 (2) An *authorised complaints officer must not act as provided for under subsection (1) unless the officer does so:
 (a) in relation to a matter that is connected with the functions of the *Aged Care Complaints Commissioner; and
 (b) to the extent reasonably necessary for the purpose of:
 (i) assessing whether an approved provider is complying with its responsibilities under Chapter 4; or
 (ii) assessing whether records have been kept as required under Part 6.3.
 (3) An *authorised complaints officer must not enter premises under subsection (1) unless the occupier of the premises has consented to the entry. An occupier of premises may withdraw consent at any time. The officer must leave the premises if the occupier asks the authorised officer to do so.
 (4) Before obtaining the consent of an occupier, the *authorised complaints officer must inform the occupier that he or she may refuse to give consent, or withdraw that consent at any time. An entry by an authorised complaints officer by virtue of the consent of an occupier is not lawful unless the person voluntarily consented to the entry.
Note: Approved providers have a responsibility under