2. at an education and care service - Caring Kids Kindergarten of 77 Healey Road, South Yarra in the 3-5 year room 3. must not subject any child being educated and cared for by the service to - Sally South, 3 years (DOB 01/01/12) 4. any discipline - on 04/06/15 at 12.30pm grabbing Sally South by the arm and squeezing her arm causing her to cry 5. that is unreasonable in the circumstances - Sally had taken a toy from another child Some example allegations are provided on the QARD intranet site. An Authorised Officer’s role is to make an assessment as to whether the alleged matter occurred and, if it did, whether it constitutes a non-compliance with the National Law or National Regulations. The Authorised Officer must make this assessment based on objective evidence obtained during the investigation. The questions that Authorised Officers must ask in planning an investigation are: 1. What evidence do I need to obtain to be reasonably satisfied that the alleged matters occurred? 2. How do I obtain this evidence? Evidence is information that may prove or disprove the existence of a fact. The type of evidence Authorised Officers collect will depend on the alleged contravention of the National Law or National Regulations. The different types of evidence that can be collected are listed below in section 6.3.3. The evidence required in an investigation is the evidence necessary for Authorised Officers to be reasonably satisfied that each element of the alleged contravention of the National Law or National Regulations occurred or did not occur. For example, in relation to Table 1 above, the evidence needed to demonstrate a contravention of section 166(3)(b) (offence to use inappropriate discipline) of the National Law would include: who was the staff member involved in the alleged incident; the name and location of the education and care service where the alleged incident took place; the identity and age of the child involved in the alleged incident and proof the child was being educated and cared for by the service at the time of the alleged incident; the type of discipline allegedly administered; and evidence of why the discipline was unreasonable in the circumstances. During the preparation of an investigation plan, Authorised Officers should also consider potential external sources of relevant expert evidence, for example: a report from the child's doctor or hospital about the probable cause and nature of the injury or illness; a report or record from ambulance or emergency services workers; a Police report;
Powers of Entry - Summary Section When can this power be exercised? Premises that can be entered Powers that can be exercised Section 197 Monitoring compliance with National Law and National Regulations A rating assessment of an approved education and care service Obtaining information requested under section 35 or 83. Education and care premises, at any reasonable time and with such assistants as may reasonably be required, Inspect the premises and any plant, equipment, vehicle or other thing* Photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises* Inspect and make copies of, or take extracts from, any document kept at the premises* Take any document or any other thing at the premises* Ask a person at the premises to answer a question to the best of that person's knowledge, information and belief Ask a person at the premise to take reasonable steps to provide information or produce a document. Section 199 To investigate an approved education and care service if the authorised officer reasonably suspects that an offence may have been or may be being committed against National Law or National Regulations Education and care premises, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the premises at any reasonable time Search any part of the premises* Inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises* Take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing* Copy, or take an extract from, a document, at the premises* Take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under s.199(2) Require the occupier or person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation Section 200 If authorised officer reasonably suspects that documents or other evidence relevant to the possible commission of an offence against the National Law or National Regulations are present at the premises Principal office or any other business premises of an approved provider, with the consent of the occupier of the premises Same powers as section 199 above * Power limited to prescribed documents