Document ID: chunk:federal_register_of_legislation:C2015A00131:clause:1_11:p1
Version: federal_register_of_legislation:C2015A00131
Segment Type: clause
Provision Reference: sch 1 cl 11 (pt 1/4)
Character Range: 6674–9448

11  At the end of Part 6.4A
Add:

Division 94B—Authorised complaints officers

94B‑1  Authorised complaints officers

Appointment of authorised complaints officers
 (1) An authorised complaints officer is an officer of the Department appointed by the *Aged Care Complaints Commissioner, by written instrument, to be an authorised complaints officer for the purposes of this Division.

Identity cards to be issued
 (2) The *Aged Care Complaints Commissioner must cause an identity card to be issued to each person appointed as an *authorised complaints officer under subsection (1).
 (3) The identity card must specify the name and appointment of the person.
 (4) A recent photograph of the person must be attached to the card.

Return of identity cards
 (5) A person appointed as an *authorised complaints officer under subsection (1) must, upon ceasing to be an authorised complaints officer, return to the *Aged Care Complaints Commissioner the identity card issued to the person under subsection (2).
Penalty: 1 penalty unit.

94B‑2  Meaning of complaints powers
 (1) The following powers are complaints powers:
 (a) any of the following in relation to premises:
 (i) to search the premises;
 (ii) to take photographs (including a video recording), or make sketches, of the premises or any substance or thing at the premises;
 (iii) to inspect, examine and take samples of, any substance or thing on or in the premises;
 (iv) to inspect any document or record kept at the premises;
 (v) to take extracts from, or make copies of, any document or record at the premises;
 (vi) to take onto the premises any equipment or material reasonably necessary for the purpose of exercising a power under subparagraph (i), (ii), (iii), (iv) or (v);
 (b) in relation to a thing that may afford evidence of the commission of an offence against this Act, the powers in subsection (2);
 (c) in relation to documents or records at premises, the powers in subsections (3) and (4).
 (2) If an *authorised complaints officer, during a search of premises, believes on reasonable grounds that there is at the premises a thing that may afford evidence of the commission of an offence against this Act, the complaints powers include:
 (a) informing the Secretary or an *authorised officer of that belief, and the grounds for that belief; and
 (b) securing the thing pending the obtaining of a warrant to seize it.
Note: For the granting of warrants authorising seizure, see sections 92‑3 and 92‑4.
 (3) The complaints powers include operating equipment at the premises 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,