sec.199APowers of entry to family day care service premises—investigation of offences

sec.199A Powers of entry to family day care service premises—investigation of offences

An authorised officer may exercise the powers under this section to investigate a family day care service if the authorised officer reasonably suspects an offence may have been or may be being committed against this Law. 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— search any part of the premises; inspect, measure, test, photograph or film, or make audio recordings of, anything that may afford evidence of an offence against this Law at any part of the premises; take for analysis, measurement or testing a thing, or a sample of or from a thing, at the premises that may afford evidence of an offence against this Law; copy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law; take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this section; require the occupier of the premises or a person at the premises to give the authorised officer information the authorised officer reasonably requires for exercising a power under this section. An authorised officer who enters family day care service premises under this section— must enter the premises during ordinary business hours; and may enter the premises with such assistants as may reasonably be required. Before entering the family day care service premises under this section, the authorised officer must advise the occupier of the premises of— the purpose of the entry; and the powers that may be exercised. A power under subsection (2) (b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the family day care service. If the authorised officer takes any document or thing under subsection (2) , the authorised officer 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 must not enter any family day care service premises that is a family day care residence under this section unless— the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence. An occupier of family day care service premises must not unreasonably refuse to give consent to an authorised officer under this section. Penalty: $27 300, in the case of an individual. $137 700, in any other case. In this section— family day care service premises , in relation to a family day care service, means any of the following— an approved family day care venue; 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; 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. s 199A ins 2025 No. 53 (Vic) s 96 (sec.199A-ssec.1) An authorised officer may exercise the powers under this section to investigate a family day care service if the authorised officer reasonably suspects an offence may have been or may be being committed against this Law. (sec.199A-ssec.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— search any part of the premises; inspect, measure, test, photograph or film, or make audio recordings of, anything that may afford evidence of an offence against this Law at any part of the premises; take for analysis, measurement or testing a thing, or a sample of or from a thing, at the premises that may afford evidence of an offence against this Law; copy, or take an extract from, a document at the premises that may afford evidence of an offence against this Law; take into or onto the premises any person, equipment and materials the authorised officer reasonably requires for exercising a power under this section; require the occupier of the premises or a person at the premises to give the authorised officer information the authorised officer reasonably requires for exercising a power under this section. (sec.199A-ssec.3) An authorised officer who enters family day care service premises under this section— must enter the premises during ordinary business hours; and may enter the premises with such assistants as may reasonably be required. (sec.199A-ssec.4) Before entering the family day care service premises under this section, the authorised officer must advise the occupier of the premises of— the purpose of the entry; and the powers that may be exercised. (sec.199A-ssec.5) A power under subsection (2) (b) to (d) is limited to a document or thing that is used or likely to be used in the provision of the family day care service. (sec.199A-ssec.6) If the authorised officer takes any document or thing under subsection (2) , the authorised officer 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.199A-ssec.7) An authorised officer must not enter any family day care service premises that is a family day care residence under this section unless— the authorised officer reasonably believes that an approved family day care service is operating at the residence at the time of entry; and at the time of entry, the register of family day care educators records that the approved family day care service operates at the residence. (sec.199A-ssec.8) An occupier of family day care service premises must not unreasonably refuse to give consent to an authorised officer under this section. Penalty: $27 300, in the case of an individual. $137 700, in any other case. (sec.199A-ssec.9) In this section— family day care service premises , in relation to a family day care service, means any of the following— an approved family day care venue; 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; 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.