69Consent

69 Consent

(1) Before obtaining the consent of an occupier of premises for the purposes of subsection 68(3), a regulatory official must: (a) inform the occupier that the occupier may refuse to give consent or may withdraw consent; and (b) if the occupier is an approved provider—inform the occupier that the occupier has a responsibility under paragraph 63‑1(1)(b) of the Aged Care Act to cooperate with a person who is performing functions, or exercising powers, under this Part.

Note: Failure to comply with that responsibility may result in a sanction being imposed on the approved provider under Part 7B.

(2) A consent has no effect unless the consent is voluntary. (3) A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period. (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn. (5) If a regulatory official entered premises because of the consent of the occupier of the premises, the official must leave the premises if the consent ceases to have effect. (6) If: (a) the Commissioner enters premises because of the consent of the occupier of the premises; and (b) the Commissioner has not shown the occupier evidence of the Commissioner’s identity before entering the premises; the Commissioner must do so on, or as soon as is reasonably practicable after, entering the premises. (7) If: (a) a quality assessor enters premises because of the consent of the occupier of the premises; and (b) the assessor has not shown the occupier the assessor’s identity card before entering the premises; the assessor must do so on, or as soon as is reasonably practicable after, entering the premises.