Aged Care Legislation Amendment (New Commissioner Functions) Act 2019 (116 of 2019)

Schedule 2   Responsibilities of approved providers etc.

Aged Care Quality and Safety Commission Act 2018

57   Before section 65

Insert:

64A Power to enter premises and exercise search powers in relation to applications for approval as provider of aged care

(1) This section applies if:

(a) an application for approval as a provider of aged care is made under section 63B; and

(b) the Commissioner considers that, for the purposes of making a decision on the application, it is necessary for an authorised officer to exercise powers under this Division.

(2) An authorised officer may:

(a) enter any premises; and

(b) exercise the search powers in relation to the premises;

for the purposes of the Commissioner making a decision on the application.

(3) However, an authorised officer is not authorised to enter premises unless the occupier of the premises has consented to the entry.

Note: An authorised officer must leave the premises if the consent ceases to have effect (see section 66).