Tasmanian Consolidated Acts

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DISABILITY SERVICES ACT 2011 - SECT 28

Rights of authorised officers after entry of premises
(1)  An authorised officer who enters premises under section 26(1) may take any of the following actions on the premises, in so far as it is necessary to do so for the purposes for which, under section 26(2) , the officer has entered the premises:
(a) inspect the premises;
(b) open any container, filing cabinet, or storage facility, that is on the premises;
(c) request a person on the premises to provide documents or records to the officer;
(d) inspect any documents or records on the premises;
(e) take copies of, or request a person on the premises to make copies of, any documents or records that are on the premises or provided to the officer.
(2)  An authorised officer who enters premises under section 26(1) may request –
(a) any employee of the funded provider, if any, in respect of the premises and any person who is receiving a grant under section 14(1)(c) ; or
(b) any person with disability, or other person, who is on the premises –
to answer questions in relation to the provision of specialist disability services or other goods or services to which the grant relates, or the carrying out of research or development, by the provider.
(3)  A person with disability who is requested under subsection (2) to answer questions has the right to –
(a) request that another person be present when the person with disability answers the questions; and
(b) have another person be present, and to be assisted by that other person, when answering the questions.
(4)  If an authorised officer has entered premises under section 26(1) , the funded provider providing services at the premises, any employee of the funded provider and any person (other than a person with disability) who is receiving a grant under section 14(1)(c)  –
(a) must permit the authorised officer to ask employees of the provider, or any person who is on the premises, questions in relation to –
(i) the provision of specialist disability services or other goods or services to which the grant relates; or
(ii) the carrying out by the provider of research or development; and
(b) must not –
(i) prohibit a person of whom a question is asked under paragraph (a) from answering the question; or
(ii) threaten or punish a person of whom a question is asked under paragraph (a) if the person answers or were to answer such a question; and
(c) must permit an authorised officer to speak in private with employees of the provider or any person who is on the premises.
(5)  A funded provider, any employee of a funded provider and any person (other than a person with disability) who is receiving a grant under section 14(1)(c) must not impede an authorised officer from performing or exercising the authorised officer's functions or powers under this Act.
(6)  If a funded provider, an employee of a funded provider or any person (other than a person with disability) who is receiving a grant under section 14(1)(c)  –
(a) fails to comply with a request made of the funded provider, employee or person, respectively, under subsection (2) ; or
(b) fails to comply with a requirement of subsection (5)  –
the failure may be taken into account in determining whether or not a grant to the funded provider or the person may be terminated or refused.


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