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Department of Premier and Cabinet

Authorised Officers - Entry of Premises Policy

Purpose

  • The purpose of this policy is to ensure that State Service employees or State Service officers authorised to enter funded service provider’s premises, or private funded premises under Part 4, Division 3 of the Tasmanian Disability Services Act 2011 (the Act), perform their relevant duties and functions and meet their responsibilities in line with the requirements of the Act and Departmental policy and procedures.
  • The policy sets out the rights, processes and requirements to be followed by ‘authorised officers’ when entering funded premises.

Mandatory Requirements

  • Within the Disability and Community Services program, all Disability and Community Services Area Managers and all employees of the Disability Assessment and Advisory Teams (DAAT), the Community Partnership Teams (CPT) and Disability Consultants in each Area may become ‘authorised officers’ under section 25 of the Act.
  • This will ensure adequate coverage and accessibility, and allow flexibility in appropriate and specific skill sets being available to address individual situations.
  • In line with the requirements of the Act (section 25(2)) all relevant officers must be authorised in writing stating the type of funded premises covered by the authorisation.
  • The Secretary may authorise any other State Service employee or officer as considered appropriate.
  • As DAAT, CPT, Disability Consultants and Area Managers positions become vacant and are advertised for filling, the relevant Statements of Duties (SODS) are to be modified to include the functions of Authorised Officers.  For current SODs the functions of Authorised Officers are to be covered under ‘other duties as directed’.
  • The Disability and Community Services program, in conjunction with the Workforce Development Unit, will on an ongoing basis, identify and address relevant training needs for Authorised Officers.
  • Authorised Officers will continue to operate under their current reporting structures.
  • Area Managers must endorse the entry of premises, removal of documents or relocation of persons with disability, prior to any Authorised Officer entering any premises.
  • Area Managers must provide, in line with current reporting processes, relevant data and client outcome information to the Director, Disability and Community Services, in regard to the activities of Authorised Officers.
  • This is a DHHS wide policy and must not be re-interpreted so that subordinate policies exist.  Should discreet operational differences exist, these should be expressed in the form of an operating procedure or protocol.
  • Failure to comply with this policy, without providing a good reason for doing so, may lead to disciplinary action.

Roles and Responsibilities/Delegations

  • Under Part 4, Division 3 of the Disability Services Act 2011, the Secretary of the Department may authorise, in writing, a State Service employee or officer to enter funded provider’s premises, or private funded premises, or both.
  • An ‘authorised officer’ may only enter premises, for the purposes of :
  1. Determining the extent to which the terms and conditions of a Funding Agreement are being complied with;
  2. Ensuring that persons with disability who reside or receive a service in the premises are receiving the care and support necessary or desirable for their health and wellbeing. Or
  3. To ensure the safety of persons with disability who are within the premises.
  • Currently within the Disability and Community Services program all Disability and Community Services Area Managers, all employees of the Disability Assessment and Advisory Teams (DAAT), the Community Partnership Teams (CPT) and Disability Consultants in each Area may be authorised officers under section 25 of the Act.
  • In line with the requirements of the Act (section 25(2)) all relevant officers and employees must be authorised in writing stating the type of funded premises covered by the authorisation.
  • The Secretary may authorise any other State Service employee or officer as considered necessary or appropriate.
  • Non-compliance with all or part of this policy may result in a breach of specific provisions under the Disability Services Act 2011 and duties of employment.