38Inspections of child care and child care services

38 Inspections of child care and child care services

(1)  For the purpose of determining whether or not a person is contravening this Act, the regulations, the Standards or the conditions to which a licence or registration is subject, an authorised officer may at any time –

(a) enter, remain in and inspect the premises –

(i) in or from which child care or a child care service is operated or provided or the officer has reasonable grounds for believing is being operated or provided; or

(ii) in which any document relating to the provision of child care or the operation or provision of a child care service is kept; and

(b) examine, seize, make copies of or take extracts from any document in those premises; and

(c) take photographs, films and video recordings in those premises; and

(d) seize any thing that appears to indicate that an offence under this Act, the regulations or the Standards has been or is being committed; and

(e) operate electric and electronic equipment in those premises.

(2)  For the purposes of subsection (1)  –

(a) an authorised officer may be assisted by such police officers or other persons as the authorised officer considers appropriate; and

(b) a police officer or other person assisting the authorised officer has the same powers under subsection (3) as the authorised officer; and

(c) subsections (4) and (5) and section 39 apply as if the police officer or other person assisting the authorised officer were the authorised officer.

(3)  In any premises lawfully entered under subsection (1) , an authorised officer may require any person in those premises to –

(a) provide the authorised officer with his or her name and address; and

(b) answer any question that the authorised officer considers relevant; and