111False or misleading information

111 False or misleading information

(1) A person must not—

(a) give information that is false or misleading in a material particular; or

(b) make a statement that is false or misleading in a material particular; or

(c) produce a document that is false or misleading in a material particular; or

(d) make an entry in a document required to be kept under this Act or the regulations that is false or misleading—

to the Regulator, an authorised officer or an independent investigator without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

(2) In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to prove that at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds that the information, statement, document or entry was true or was not misleading.

Division 3—Powers of entry

Subdivision 1—Entry without search warrant

112 Power to enter premises of registered social service providers—monitoring compliance

S. 112(1) amended by No. 9/2023 s. 241.

(1) For the purposes of monitoring compliance with a provision of this Act or investigating a possible contravention of this Act, an authorised officer may enter any premises (other than residential premises within the meaning of section 113) without a warrant if the authorised officer reasonably believes that the premises is owned or occupied by a registered social service provider.

(2) The power of entry under subsection (1) may be exercised—

(a) at any time that the registered social service provider is providing a social service; or

(b) at any time, if the authorised officer believes on reasonable grounds that the entry is necessary to eliminate or reduce an imminent risk of harm to a service user.