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

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

An authorised officer may exercise a power under this section for any of the following purposes— monitoring compliance with this Law; a rating assessment of an approved education and care service under Part 5 ; obtaining information requested under section 35 or 83 . 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— inspect the premises and any plant, equipment, vehicle or other thing; photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; inspect and make copies of, or take extracts from, any document kept at the premises; take any document or any other thing at the premises; ask a person at the premises— to answer a question to the best of that person’s knowledge, information and belief; or to take reasonable steps to provide information or produce a document. 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. If the authorised officer takes any document or thing under subsection (2) , he or she must— 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 return the document or thing to that person or the premises within 7 days after taking it. An authorised officer may not, under this section, enter a residence unless— an approved education and care service is operating at the residence at the time of entry; or the occupier of the residence has consented in writing to the entry and the inspection. s 197 amd 2011 No. 80 (Vic) s 71 ; 2022 No. 13 (Vic) s 11 (sec.197-ssec.1) An authorised officer may exercise a power under this section for any of the following purposes— monitoring compliance with this Law; a rating assessment of an approved education and care service under Part 5 ; obtaining information requested under section 35 or 83 . (sec.197-ssec.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— inspect the premises and any plant, equipment, vehicle or other thing; photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises; inspect and make copies of, or take extracts from, any document kept at the premises; take any document or any other thing at the premises; ask a person at the premises— to answer a question to the best of that person’s knowledge, information and belief; or to take reasonable steps to provide information or produce a document. (sec.197-ssec.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. (sec.197-ssec.4) If the authorised officer takes any document or thing under subsection (2) , he or she must— 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 return the document or thing to that person or the premises within 7 days after taking it. (sec.197-ssec.5) An authorised officer may not, under this section, enter a residence unless— an approved education and care service is operating at the residence at the time of entry; or the occupier of the residence has consented in writing to the entry and the inspection.