134Searches to monitor compliance

#### 134 Searches to monitor compliance Searches (1) Subject to this section, an inspector may enter, at any time between the hours of 9 a.m. and 5 p.m. on a business day, any premises that the inspector has reasonable cause to believe are premises to which this section applies and: (a) search the premises; or (b) inspect and take photographs, or make sketches, of the premises or any substance or thing at the premises; or (c) inspect any document kept at the premises; or (d) remove, or make copies of, any such document. Purpose of search (2) An inspector may exercise powers conferred by subsection (1) only to the extent that it is reasonably necessary for the purpose of ascertaining whether any or all of the following have been complied with: (a) a condition to which the accreditation of an entity is subject; (b) an agreement under section 58 (which deals with the engagement of accredited case managers). Limitations on search powers (3) An inspector may exercise powers conferred by subsection (1) for the purpose of ascertaining whether a particular condition or agreement has been complied with only if the inspector has reasonable grounds to believe that: (a) ESRA has already made reasonable efforts to exercise other powers for that purpose, but the result of the exercise of those powers was not sufficient to achieve that purpose; or (b) the exercise by ESRA of other powers to achieve that purpose would not be effective. Searches of residential premises (4) An inspector must not exercise the power conferred by subsection (1) to enter premises if: (a) the premises are a residence; and (b) the occupier of the premises has not consented to the entry. Production of identity card by inspector (5) An inspector must not exercise the powers conferred by subsection (1) in relation to premises if: (a) the occupier of the premises has asked the inspector to produce his or her identity card for inspection by the occupier; and (b) the inspector fails to comply with the request. Premises to which this section applies (6) This section applies to the following premises: (a) premises at which a case manager provides case management services to participants in the case management system referred to the case manager under Part 4.3; (b) premises at which records relating to any such services are kept. Definition (7) In this section: > business day means a day that is not a Saturday, Sunday or a public holiday in the place concerned.