Document ID: chunk:federal_register_of_legislation:C2024A00104:section:431:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 431 (pt 1/2)
Character Range: 642640–645493

431  Post‑entry warrants

Requirement to apply for post‑entry warrant
 (1) If an authorised Commission officer enters a residential care home under, or purportedly under, section 427, the Commissioner must:
 (a) apply to an assessment officer for a warrant (a post‑entry warrant) under this section in relation to the entry to the residential care home; and
 (b) do so as soon as practicable after the exercise, or purported exercise, of powers under section 427 in relation to the residential care home.
 (2) The application must:
 (a) be in writing; and
 (b) be accompanied by the certificate issued by the Commissioner under paragraph 427(2)(a); and
 (c) set out the grounds on which the Commissioner was satisfied of the matters mentioned in paragraph 427(2)(a); and
 (d) state the contact details for the Commissioner and the authorised Commission officer; and
 (e) state how the assessment officer may give to the Commissioner the following:
 (i) any request in writing under subsection (4) of this section for information or documents;
 (ii) the post‑entry warrant or a notice of refusal to issue the warrant; and
 (f) set out any information that:
 (i) is known to the Commissioner; and
 (ii) the Commissioner considers may assist the assessment officer to give, to the occupier of the residential care home at the time of the entry, the post‑entry warrant or a notice of refusal to issue the warrant; and
 (g) set out the time, date and place of the entry; and
 (h) set out any other information, and be accompanied by any documents, the Commissioner considers relevant to the application.
 (3) The information in the application must be sworn or affirmed by the Commissioner.

Requesting further information or documents
 (4) The assessment officer may request, in writing, that the Commissioner or the authorised Commission officer provide further information or documents relating to the application, and that the Commissioner or authorised Commission officer do so in a particular way.
 (5) If the Commissioner or the authorised Commission officer is unable to provide some or all of the further information or documents requested, the Commissioner or the authorised Commission officer must, within a reasonable period, notify the assessment officer:
 (a) of the information or documents that cannot be provided; and
 (b) of the reasons why the information or documents cannot be provided.
 (6) If the assessment officer is notified in accordance with subsection (5) that some or all of the further information or documents cannot be provided, the assessment officer must (unless there is another reason not to) continue to consider the application despite having not received the further information or documents.

Issue of warrant
 (7) The assessment officer must:
 (a) issue the post‑entry warrant if, and only if, the assessment officer