Education and Care Services Act 2013
sec.177Power to require evidence of age, name and address of person suspected of being underage carer
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sec.177 Power to require evidence of age, name and address of person suspected of being underage carer
This section applies if an authorised officer reasonably suspects— an offence is being committed, or has just been committed, against section 132 (1) or (2) in relation to a stand-alone service; and a person— is a carer in the service; and is not an adult. The authorised officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address. Also, the authorised officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence. The authorised officer may require the person to state the person’s name and residential address if— the person refuses, or is unable, to comply with a requirement under subsection (2) or (3) ; or according to the date of birth the person states, or the evidence of the person’s age the person gives, the person is a child. A person of whom a requirement is made under this section must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—1 penalty unit. A person does not commit an offence against subsection (5) unless it is proved an offence was committed against section 132 (1) or (2) in relation to the stand-alone service in which it was suspected the person was a carer. (sec.177-ssec.1) This section applies if an authorised officer reasonably suspects— an offence is being committed, or has just been committed, against section 132 (1) or (2) in relation to a stand-alone service; and a person— is a carer in the service; and is not an adult. (sec.177-ssec.2) The authorised officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address. (sec.177-ssec.3) Also, the authorised officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence. (sec.177-ssec.4) The authorised officer may require the person to state the person’s name and residential address if— the person refuses, or is unable, to comply with a requirement under subsection (2) or (3) ; or according to the date of birth the person states, or the evidence of the person’s age the person gives, the person is a child. (sec.177-ssec.5) A person of whom a requirement is made under this section must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—1 penalty unit. (sec.177-ssec.6) A person does not commit an offence against subsection (5) unless it is proved an offence was committed against section 132 (1) or (2) in relation to the stand-alone service in which it was suspected the person was a carer.