197Powers of entry for assessing and monitoring approved education and care service

197 Powers of entry for assessing and monitoring approved education and care service (1) An authorised officer may exercise a power under this section for any of the following purposes— (a) monitoring compliance with this Law; (b) a rating assessment of an approved education and care service under Part 5; (c) obtaining information requested under section 35 or 83. (2) An authorised officer may, at any reasonable time and with such assistants as may reasonably be required, enter any education and care service premises and do any of the following— (a) inspect the premises and any plant, equipment, vehicle or other thing; (b) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; (c) inspect and make copies of, or take extracts from, any document kept at the premises; (d) take any document or any other thing at the premises; (e) ask a person at the premises— Sch. s. 197(2)(e)(i) amended by No. 80/2011 s. 71(1). (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. Sch. s. 197(3) amended by Nos 80/2011 s. 71(2), 13/2022 s. 11. (3) A power under subsections (2)(a) to (d) is limited to a document or thing that is used or likely to be used in the provision of the education and care service. (4) If the authorised officer takes any document or thing under subsection (2), he or she 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 (5) An authorised officer may not, under this section, enter a residence unless— (a) an approved education and care 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. Sch. s. 197A inserted by No. 53/2025 s. 94. 197A Powers of entry to family day care service premises—monitoring compliance with prescribed requirement relating to the safety, health and wellbeing of children (1) An authorised officer may exercise the powers under this section if the authorised officer reasonably believes it is necessary to do so to assess or monitor compliance of an approved provider of a family day care service with any prescribed requirement in relation to the safety, health and wellbeing of children. (2) Subject to subsections (5) and (7), an authorised officer, with the consent of the occupier of family day care service premises, may enter the family day care service premises and do any of the following— (a) inspect any part of the premises; (b) inspect any plant, equipment, vehicle or other thing at the premises; (c) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; (d) inspect and make copies of, or take extracts from, any document kept at the premises; (e) take any document or any other thing at the premises; (f) 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) An authorised officer who enters family day care service premises under this section— (a) must enter the premises during ordinary business hours; and (b) may enter the premises with such assistants as may reasonably be required. (4) Before entering the family day care service premises under this section, the authorised officer must inform the occupier of the premises of— (a) the purpose of the entry; and (b) the powers that may be exercised. (5) A power under subsection (2)(a) to (e) is limited to a document or thing that is used or likely to be used in the provision of the family day care service. (6) 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 the occupier of the premises; and (7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless— (a) the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and (b) at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence. (8) In this section— ***family day care service premises***, in relation to a family day care service, means any of the following— (a) an approved family day care venue; (b) an area in a family day care residence whether or not that area is used to provide education and care to children as part of the service; (c) an area outside but near a family day care residence whether or not that area is used to provide education and care to children as part of the service. A shed or garage at the same premises on which a family day care residence is located.