Document ID: chunk:federal_register_of_legislation:C2024A00104:section:427:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 427 (pt 1/2)
Character Range: 636272–639170

427  Entry without warrant or consent

Entry without warrant or consent
 (1) An authorised Commission officer may enter and remain in a residential care home:
 (a) at any time; and
 (b) without a warrant or the consent of the occupier of the residential care home;
if the requirements in subsection (2) are satisfied.
 (2) The requirements to be satisfied are:
 (a) before the authorised Commission officer enters the residential care home, the Commissioner certifies, in writing, that the Commissioner is satisfied that:
 (i) it is reasonably necessary for the authorised Commission officer to have access to the residential care home because there is an immediate and severe risk (the identified risk) to the health, safety or wellbeing of an individual accessing funded aged care services; and
 (ii) it is not practicable for the authorised Commission officer to apply for, and enter under, a monitoring warrant under section 32 of the Regulatory Powers Act or an investigation warrant under section 70 of the Regulatory Powers Act; and
 (b) the certificate issued under paragraph (a) is in force; and
 (c) the access is for the purposes of the performance of any of the Commissioner's safeguarding functions under paragraphs 349(a), (d) and (e).

Notice and announcement of entry
 (3) The authorised Commission officer may enter the residential care home under subsection (1) without prior notice to any person.
 (4) However, before entering the residential care home, the authorised Commission officer must do the following:
 (a) announce that the authorised Commission officer is authorised to enter the residential care home under this section;
 (b) show the authorised Commission officer's identity card to the occupier of the residential care home, or a person apparently representing the occupier, if the occupier or other person is present at the residential care home;
 (c) give any person at the residential care home an opportunity to allow entry to the residential care home.
 (5) As soon as practicable after entering the residential care home, the authorised Commission officer must take reasonable steps to notify the occupier of the residential care home, or a person apparently representing the occupier, of the entry to the residential care home and the reason for that entry.
 (6) The authorised Commission officer is not required to comply with paragraph (4)(a), (b) or (c) or subsection (5) if the authorised Commission officer reasonably believes that complying with that paragraph or subsection would frustrate the purpose for which access is necessary (including causing unreasonable delay).

Directions to address identified risk
 (7) While remaining in the residential care home, the authorised Commission officer may give any directions necessary to the occupier of the residential care home, or a person apparently representing the occupier, to address the identified