58Powers of entry and search

58 Powers of entry and search (1) The Commissioner may, by information on oath, apply to a justice of the peace for a search warrant if the Commissioner: (a) believes that entry and inspection of premises is necessary to enable the Commissioner to carry out an investigation under this Part; or (b) suspects that: (i) there may be on premises a document or other thing relevant to a matter the Commissioner is investigating under this Part; or

Health and Community Services Complaints Act 1998 32 (ii) there is on premises one or more persons mentioned in subsection (6) who cannot, practically or otherwise, exercise an absolute right to leave the premises and whose health and safety may be at risk. (2) A justice of the peace may issue a search warrant if satisfied as to the matters set out in the information. (3) A warrant authorises a person named in the warrant and any other person assisting the person, with force if necessary, to do any of the following: (a) to enter and remain in the premises specified in the warrant; (b) to search those premises and any person or thing in the premises; (c) to break open and search anything in those premises in which any document or other thing relevant to the investigation may be contained; (d) to take photographs; (e) to seize and remove anything in the premises that the person has reasonable grounds for believing is relevant to the investigation; (f) to examine, seize and remove, make copies of, or take extracts from, any document in the premises that the person has reasonable grounds for believing is relevant to the investigation; (g) to require a provider or any other person in the premises to provide information by answering questions that the person considers relevant to the investigation; (h) if the premises are of a kind mentioned in subsection (1)(b)(ii) – to make arrangements for the health and safety of a person mentioned in the subsection. (4) A warrant must: (a) be in a prescribed form; and (b) specify the premises in respect of which it is made. (5) A warrant remains in force for 30 days after the day on which it is issued.

Health and Community Services Complaints Act 1998 33 (6) For the purposes of subsection (1)(b)(ii), the persons are: (a) persons with a mental or physical illness; or (b) persons who belong to a special needs group; or (c) persons receiving any pensions, allowances or benefits because of age, illness or disability.