VICIn ForceAct
Children's Services Act 1996
138Powers of entry for assessing and monitoring approved children's service
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138 Powers of entry for assessing and monitoring approved children's service
(1) An authorised officer may exercise a power under this section for any of the following purposes—
(a) monitoring compliance with this Act;
(b) obtaining information requested under section 35 or 81.
(2) An authorised officer may, at any reasonable time and with such assistants as may reasonably be required, enter any children's service premises and do any of the following—
(a) inspect the premises and any plant, equipment, vehicle or other thing;
(b) inspect and make copies of, or take extracts from, any document kept at the premises;
(c) take any document or any other thing at the premises;
(d) ask a person at the premises—
(i) to answer a question to the best of that person's knowledge, information and belief; or
(ii) to take reasonable steps to provide information or produce a document.
(3) A power under subsection (2)(a) to (c) is limited to a document or thing that is used or likely to be used in the provision of the children's service.
(4) If the authorised officer takes any document or thing under subsection (2), the authorised officer must—
(a) give notice of the taking of the document or thing to the person apparently in charge of it or to an occupier of the premises; and
(b) return the document or thing to that person or the premises within 7 days after taking it.
(5) An authorised officer may not, under this section, enter a residence unless—
(a) an approved children's service is operating at the residence at the time of entry; or
(b) the occupier of the residence has consented in writing to the entry and the inspection.
S. 139 inserted by No. 37/2019 s. 8.