sec.199Powers of entry for investigating approved education and care service

sec.199 Powers of entry for investigating approved education and care service

An authorised officer may exercise the powers under this section to investigate an approved education and care service if the authorised officer reasonably suspects that an offence may have been or may be being committed against this Law. The authorised officer, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the education and care service premises and the education and care service premises of any related provider of the approved provider of the approved education and care service at any reasonable time and do any of the following— search any part of the premises; inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing; copy, or take an extract from, a document, at the premises; take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection; require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation. A power under subsections (2) (b) 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. An authorised officer may not, under this section, enter a residence unless— the authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or the register of family day care educators records that the approved education and care service operates at the residence at the time of entry; or the occupier of the residence has consented in writing to the entry and the inspection. An authorised officer must not enter the education and care service premises of a related provider of the approved provider under this section unless the authorised officer is satisfied that— there is a systemic risk in relation to the approved provider; and the entry is reasonably necessary to address the systemic risk. s 199 amd 2011 No. 80 (Vic) s 72 ; 2017 No. 9 (Vic) s 54 ; 2025 No. 53 (Vic) s 95 (sec.199-ssec.1) An authorised officer may exercise the powers under this section to investigate an approved education and care service if the authorised officer reasonably suspects that an offence may have been or may be being committed against this Law. (sec.199-ssec.2) The authorised officer, with any necessary assistants, may with or without the consent of the occupier of the premises, enter the education and care service premises and the education and care service premises of any related provider of the approved provider of the approved education and care service at any reasonable time and do any of the following— search any part of the premises; inspect, measure, test, photograph or film, or make audio recordings of, any part of the premises or anything at the premises; take a thing, or a sample of or from a thing, at the premises for analysis, measurement or testing; copy, or take an extract from, a document, at the premises; take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this subsection; require the occupier of the premises, or a person at the premises, to give the authorised officer information to help the authorised officer in conducting the investigation. (sec.199-ssec.3) A power under subsections (2) (b) 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.199-ssec.4) An authorised officer may not, under this section, enter a residence unless— the authorised officer reasonably believes that an approved education and care service is operating at the residence at the time of entry; or the register of family day care educators records that the approved education and care service operates at the residence at the time of entry; or the occupier of the residence has consented in writing to the entry and the inspection. (sec.199-ssec.5) An authorised officer must not enter the education and care service premises of a related provider of the approved provider under this section unless the authorised officer is satisfied that— there is a systemic risk in relation to the approved provider; and the entry is reasonably necessary to address the systemic risk.