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Entry of premises - Authorised Officers
Background
The Secretary of the Department is able to give their approval to a person who is employed by government to go into a property where a person with disability is receiving services, if those services are paid for by government.
This person is known as an Authorised Officer.
Role of an Authorised Officer
An Authorised Officer will only enter a property where a person with disability lives to make sure that:
- the services that the government is paying for are being delivered
- the person with disability is receiving the right support
- the person with disability is safe and well.
An Authorised Officer must:
- tell the person with disability the reason for the visit
- show identification to the person with disability
- not use force to enter the property.
Additional Requirements
The Authorised Officer must give to the person with disability, two days (48 hours) notice that they will be visiting the property.
However, if the Authorised Officer believes that the person with disability is unwell or unsafe they may enter the property without providing notice.
Rights of Authorised Officers
An Authorised Officer may take any of the following actions when they enter the property:
- inspect the premises
- open any container, filing cabinet, or storage facility on the property
- ask for copies of any documents or records.
An Authorised Officer may ask anyone at the property questions about the services or care of the person with disability, including the person with disability.
A person with disability can have someone with them at the time to help them answer any questions.
Obligations of service providers and funded private persons
An Authorised Officer must be allowed to ask questions of anyone at the property about the care of the people living at the property.
No-one is allowed to stop, threaten or punish a person with disability answering questions from an Authorised Officer.
An Authorised Officer must be allowed to speak in private with support workers or any other person who is at the property.
No-one is allowed to stop an Authorised Officer from carrying out their role while they are at the property. The funding from government for the support of people living at the property could be stopped if the Authorised Officer is not allowed to enter the property, ask questions and get copies of documents and records.