113Power to enter residential premises with consent

113 Power to enter residential premises with consent

(1) Subject to subsection (2), for the purposes of monitoring compliance with a provision of this Act or investigating a possible contravention of a provision of this Act, an authorised officer or independent investigator may enter any residential premises owned or occupied by a registered social service provider with the consent of the occupier.

S. 113(2) substituted by No. 9/2023 s. 242(1).

(2) An authorised officer or independent investigator must not under subsection (1) enter a part of residential premises that is used as a bedroom—

(a) in the case of a bedroom of a service user in residential premises occupied by a provider of a supported residential service or a prescribed residential disability service, unless—

(i) the authorised officer or independent investigator has the consent of the service user to do so; or

(ii) the authorised officer or independent investigator—

(A) considers the entry reasonably necessary for the purposes of monitoring compliance with a provision of this Act, or investigating a possible contravention of this Act, having regard to the matters specified in subsection (2A); and

(B) is unable to obtain the consent of the service user after taking all reasonable steps to do so; or

(b) in any other case, the authorised officer or independent investigator has the consent of the resident of the bedroom to do so.

S. 113(2A) inserted by No. 9/2023 s. 242(1).

(2A) The following matters are specified for the purposes of subsection (2)(a)(ii)(A)—

(a) whether entry to the bedroom is necessary to eliminate or reduce an immediate risk of harm to a service user;

(b) the time of the entry;

(c) whether the premises in which the bedroom is located are open to the public at the time of the entry;

(d) whether the purpose of the entry may be achieved by a less intrusive means;

(e) any other matter that the authorised officer or independent investigator reasonably considers appropriate.

S. 113(3) amended by No. 9/2023 s. 242(2)(a).

(3) Before attempting to enter a residential premises or a bedroom in a residential premises, an authorised officer or independent investigator must notify the occupier or the resident (as the case may be) of—

(a) the purpose of the entry; and

S. 113(3)(b) amended by No. 9/2023 s. 242(2)(b).

(b) the occupier's or resident's right to refuse entry to the authorised officer or independent investigator or to the exercise of any powers after entry; and

S. 113(3)(c) inserted by No. 9/2023 s. 242(2)(c).