114Power to enter premises of unregistered providers and WCES workers and carers with consent

114 Power to enter premises of unregistered providers and WCES workers and carers with consent

(1) For the purposes of an investigation under this Act or the regulations, including ascertaining whether the occupier is required to comply with this Act or the regulations, an authorised officer or independent investigator may enter any premises if—

(a) the authorised officer or independent investigator believes on reasonable grounds that the occupier of the premises is operating a social service; and

(b) the occupier of the premises consents to the entry and inspection; and

(c) in the case of a bedroom in a residential premises, the resident of the bedroom consents to the entry and inspection.

(2) Subsection (1) does not apply in respect of premises occupied by a registered social service provider.

(3) An authorised officer or independent investigator, in seeking to obtain the occupier's or resident's consent to the entry and inspection, may—

(a) enter land around the premises to the extent that it is reasonable to do so for the purpose of contacting the occupier or resident; or

(b) enter a part of the premises which the authorised officer or independent investigator considers can be entered by a member of the public for the purpose of contacting the occupier or resident.

(4) Consent to the entry and inspection of the premises or bedroom may be—

(a) in the case of a bedroom, given by the resident's parent or guardian if the resident of the bedroom is unable to give consent; and

(b) limited to entry at a particular time; and

(c) withdrawn by the occupier, resident or resident's parent or guardian at any time.

(5) If consent is withdrawn under subsection (4)(c), the authorised officer must immediately leave the premises or bedroom.

Subdivision 2—Search warrants