Victorian Current Acts

DISABILITY ACT 2006 - SECT 132F

    (1)     An authorised officer who visits and inspects a premises under section 132E may—

S. 132F(1)(a) amended by No. 19/2019 s. 61.

        (a)     make any enquiries in relation to a person with a disability who is receiving, or has received, services on the premises from the service provider; and

        (b)     require any thing on the premises to be produced for inspection and inspect that thing or any other thing on the premises to determine if the thing is relevant to the investigation; and

        (c)     in the case of any document, or document of a particular kind, relevant to the investigation—

              (i)     require the document to be produced for inspection; and

              (ii)     examine, make copies of or take extracts from the document; and

              (iii)     remove the document for so long as is necessary for the making of copies or the taking of extracts; and

        (d)     make any still or moving image, audio recording or audio-visual recording relevant to the investigation; and

        (e)     bring any equipment onto the premises that the authorised officer believes on reasonable grounds is necessary for the examination or processing of any documents found at the premises to determine if they are relevant to the investigation; and

        (f)     if it is relevant to the investigation, see and interview—

              (i)     any person with a disability who is on the premises; and

              (ii)     any relative of the person with a disability who is on the premises; and

              (iii)     any other person of significance to the person with a disability who is on the premises; and

        (g)     if it is relevant to the investigation, require any of the following persons to answer any question—

              (i)     the service provider;

              (ii)     any person on the premises who is employed or engaged in providing the service;

              (iii)     any person on the premises who is a volunteer involved in providing the service.

    (2)     An authorised officer must not exercise a power under subsection (1)(c) in relation to the medical records of a person with a disability unless the authorised officer has first obtained the consent of the person with the disability, or, if the person is unable to consent, the consent of the guardian or, if none, the next of kin of the person.

S. 132G inserted by No. 33/2017 s. 29.