South Australian Repealed Acts

This legislation has been repealed.

PHYSIOTHERAPY PRACTICE ACT 2005 - SECT 41

41—Powers of inspectors

        (1)         If there are reasonable grounds for suspecting—

            (a)         that there is proper cause for disciplinary action against a person; or

            (b)         that a physiotherapist or physiotherapy student is medically unfit to provide physiotherapy; or

            (c)         that a person is guilty of an offence against this Act,

an inspector may investigate the matter.

        (2)         For the purposes of an investigation, an inspector may—

            (a)         at any reasonable time, enter and inspect premises of a registered person or premises on which the inspector reasonably suspects an offence against this Act has been or is being committed; or

            (b)         with the authority of a warrant issued by a magistrate or in circumstances in which the inspector reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or

            (c)         while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the inspector reasonably believes may afford evidence relevant to the matters under investigation; or

            (d)         require any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or

            (e)         inspect any documents or records produced to the inspector and retain them for such reasonable period as the inspector thinks fit, and make copies of the documents or records; or

            (f)         require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the inspector in relation to those matters; or

            (g)         take photographs, films or video or audio recordings; or

            (h)         if the inspector reasonably suspects that an offence against this Act has been or is being committed, require the suspected offender to state his or her full name and address.

        (3)         An inspector must not exercise the power conferred by subsection (2)(a) in relation to residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate.

        (4)         A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.

        (5)         The person in charge of premises at the relevant time must give an inspector such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.

Maximum penalty: $5 000.