Disability Rights, Inclusion and Safeguarding Act 2024
71Rights of authorised officers to enter premises
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71 Rights of authorised officers to enter premises
(1) An authorised officer who is authorised under section 70 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) ensuring that people with disability who reside at, or receive disability services on, the premises are receiving the care and support that is necessary or desirable for their health and wellbeing; or
(b) ensuring the safety of people with disability who reside at, or receive disability services on, the premises.
(3) An authorised officer may enter 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 premises under subsection (1) must ensure that, if the authorised officer enters a part of the premises designated for the private use of a person with disability while the person is present in that 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.