sec.389BPower to enter dwellings in residential aged care facilities

### sec.389B Power to enter dwellings in residential aged care facilities This section applies if— a person in charge of a residential aged care facility gives the chief executive a notice under section 61H about the residential aged care facility; or a person gives the chief executive a notice under chapter 3 , part 2 , division 2 that someone else at the residential aged care facility has or had a notifiable condition resulting from Legionella. An authorised person may enter a part of the residential aged care facility that is an occupier’s dwelling for monitoring compliance with the facility’s water risk management plan. Before entering the occupier’s dwelling, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; tell the person the authorised person is permitted under this section to enter the dwelling; give the person an opportunity to allow the authorised person immediate entry to the place without using force. The authorised person may enter the occupier’s dwelling if the authorised person is accompanied by a person employed at the residential aged care facility to provide residential care to the occupier. In this section— Legionella see section 61A . residential aged care facility see section 61A . water risk management plan see section 61A . s 389B ins 2016 No. 33 s 6 (sec.389B-ssec.1) This section applies if— a person in charge of a residential aged care facility gives the chief executive a notice under section 61H about the residential aged care facility; or a person gives the chief executive a notice under chapter 3 , part 2 , division 2 that someone else at the residential aged care facility has or had a notifiable condition resulting from Legionella. (sec.389B-ssec.2) An authorised person may enter a part of the residential aged care facility that is an occupier’s dwelling for monitoring compliance with the facility’s water risk management plan. (sec.389B-ssec.3) Before entering the occupier’s dwelling, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; tell the person the authorised person is permitted under this section to enter the dwelling; give the person an opportunity to allow the authorised person immediate entry to the place without using force. (sec.389B-ssec.4) The authorised person may enter the occupier’s dwelling if the authorised person is accompanied by a person employed at the residential aged care facility to provide residential care to the occupier. (sec.389B-ssec.5) In this section— Legionella see section 61A . residential aged care facility see section 61A . water risk management plan see section 61A . - (a) a person in charge of a residential aged care facility gives the chief executive a notice under section 61H about the residential aged care facility; or - (b) a person gives the chief executive a notice under chapter 3 , part 2 , division 2 that someone else at the residential aged care facility has or had a notifiable condition resulting from Legionella. - (a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; - (b) tell the person the authorised person is permitted under this section to enter the dwelling; - (c) give the person an opportunity to allow the authorised person immediate entry to the place without using force.