Commonwealth Numbered Acts

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 134

Searches
134.(1) Subject to this section, an inspector may enter, at any time between
the hours of 9 a.m. and 5 p.m. on a business day, any premises that the
inspector has reasonable cause to believe are premises to which this section
applies and:

   (a)  search the premises; or

   (b)  inspect and take photographs, or make sketches, of the premises or any
        substance or thing at the premises; or

   (c)  inspect any document kept at the premises; or

   (d)  remove, or make copies of, any such document.

Purpose of search

(2) An inspector may exercise powers conferred by subsection (1) only to the
extent that it is reasonably necessary for the purpose of ascertaining whether
any or all of the following have been complied with:

   (a)  a condition to which the accreditation of an entity is subject;

   (b)  an agreement under section 58 (which deals with the engagement of
        accredited case managers).

Limitations on search powers

(3) An inspector may exercise powers conferred by subsection (1) for the
purpose of ascertaining whether a particular condition or agreement has been
complied with only if the inspector has reasonable grounds to believe that:

   (a)  ESRA has already made reasonable efforts to exercise other powers for
        that purpose, but the result of the exercise of those powers was not
        sufficient to achieve that purpose; or

   (b)  the exercise by ESRA of other powers to achieve that purpose would not
        be effective.

Searches of residential premises

(4) An inspector must not exercise the power conferred by subsection (1) to
enter premises if:

   (a)  the premises are a residence; and

   (b)  the occupier of the premises has not consented to the entry.

Production of identity card by inspector

(5) An inspector must not exercise the powers conferred by subsection (1) in
relation to premises if:

   (a)  the occupier of the premises has asked the inspector to produce his or
        her identity card for inspection by the occupier; and

   (b)  the inspector fails to comply with the request.

Premises to which this section applies

(6) This section applies to the following premises:

   (a)  premises at which a case manager provides case management services to
        participants in the case management system referred to the
        case manager under Part 4.3;

   (b)  premises at which records relating to any such services are kept.

Definition

(7) In this section:

"business day" means a day that is not a Saturday, Sunday or a public holiday
in the place concerned.