Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN AND YOUNG PEOPLE ACT 1999 (REPEALED) - SECT 355

    (1)     An officer may at any reasonable time, with the assistance that may reasonably be required, to find out whether this chapter is being complied with—

        (a)     enter premises where a childrens service is operating under an approval or a licence or where the officer reasonably believes that a service is operating; and

        (b)     inspect the premises and any plant, equipment, vehicle or other thing used or suspected of being used in the provision of a childrens service; and

        (c)     take photographs or audio or video recordings, or make sketches, of the premises or anything at the premises; and

        (d)     inspect and make copies of, or take extracts from, a document kept at the premises; and

        (e)     seize a document, record or other thing at the premises used or suspected of being used in the provision of a childrens service; and

        (f)     require someone—

              (i)     to answer a question in relation to the provision of a childrens service to the best of the person's knowledge, information and belief; or

              (ii)     to take reasonable steps to provide information in relation to the provision of a childrens service.

    (2)     If an officer seizes a document, record or thing, he or she must—

        (a)     give notice of the seizure to the person apparently in charge of it or to an occupier of the premises; and

        (b)     return the document, record or thing to that person or the premises within 48 hours after seizing it.

    (3)     However, if a document, record or thing seized is required for use in a proceeding under this Act, the officer may keep it until it has been used and must return it as soon as the proceeding has been finalised.

    (4)     An officer may not, under this section, enter a house unless—

        (a)     a childrens service provided under an approval in principle or a licence is operating at the house; or

        (b)     the occupier of the house consents in writing to the entry and inspection.

    (5)     An occupier who consents in writing to the entry and search of his or her premises or house under this section must be given a copy of the signed consent immediately.

    (6)     If, in a proceeding, a written consent is not provided to a court, it will be presumed, unless the contrary is proved, that the occupier did not consent to the entry and search.