Tasmanian Consolidated Acts

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DISABILITY SERVICES ACT 2011 - SECT 26

Rights of authorised officers to enter premises
(1)  An authorised officer who is authorised under section 25(1) to enter premises may enter the premises specified in the authorisation.
(2)  An entry of premises under subsection (1) may only be made for the purposes of –
(a) determining the extent to which the terms and conditions of a funding agreement are being complied with; or
(b) ensuring that persons with disability who reside in, or receive specialist disability services in, the premises are receiving the care and support that is necessary or desirable for their health and wellbeing; or
(c) ensuring the safety of persons with disability who reside at, or receive specialist disability services in, the premises.
(3)  An authorised officer may enter funded provider's premises under subsection (1) at any time without prior warning to the owner of, or any occupier of, the premises.
(4)  An authorised officer who enters funded provider's premises under subsection (1) must ensure that, if he or she enters a part of the premises, designated for the private use of a person with disability, while the person is present in the part of the premises, the authorised officer immediately tells the person the purposes for which the authorised officer has entered the premises.
(5)  An authorised officer who enters premises under subsection (1) must, at the request of a person on the premises, show the person proof that the officer is authorised to enter the premises, or leave the premises as soon as practicable after the request is made.
(6)  An authorised officer is not authorised to use force to enter premises under this Act.
(7)  A police officer may, at the request of an authorised officer who would only be able to enter premises for the purposes of this section by using force, use such force as is reasonably necessary to enable the authorised officer to enter the premises.



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