New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 34

34 Search warrant

(1) An authorised person may apply to an authorised officer for a search warrant if the person has reasonable grounds for believing that entry to premises is necessary for the purpose of investigating a complaint that, if substantiated, may provide grounds for--

(a) the suspension or disqualification (by deregistration or cancellation of enrolment) of the person against whom the complaint is made, or

(b) the criminal prosecution of that person, or

(c) the taking of other disciplinary action against that person.

(2) An authorised person may not apply for a search warrant to search premises for the purpose of investigating a complaint against a health practitioner who is or was, at the relevant time, a registered health practitioner or a student (or whose registration is or was suspended) unless the authorised person or the Commission has caused the President or Chairperson of the appropriate professional council to be notified of the application.

(3) An authorised officer to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised person named in the search warrant to enter the premises and to exercise there the functions of an authorised person under section 33.

(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(5) In this section--

"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .