Western Australian Current Acts

HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 64

64 .         Issue of warrant

        (1)         A magistrate to whom an application is made under section 63 may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises are necessary for the purposes of an investigation of a complaint, a Director-initiated investigation or an investigation under section 45 or 56(3).

        (2)         A warrant under subsection (1) authorises the Director, or a member of the staff of the Office named in the warrant —

            (a)         to enter and inspect premises named in the warrant; and

            (aa)         to inspect any thing at the premises; and

            (ab)         to search the premises or any thing at the premises; and

            (ac)         to examine, measure, test, photograph or film any part of the premises or any thing at the premises; and

            (ad)         to operate equipment, including (without limitation) a computer, or facilities at the premises or direct a person at the premises to do so; and

            (ae)         to take any thing, or a sample of or from any thing, at the premises for analysis or testing; and

            (b)         if the application for a warrant describes a class of persons whom it is proposed to medically examine, to arrange for the carrying out of a medical examination of a person who is a member of that class —

                  (i)         with the consent of that person; or

                  (ii)         if that person is unable to consent, with the consent of the person’s representative recognized under section 20;

                and

            (c)         to take with him or her such persons, equipment and materials as are necessary for exercising the powers conferred by this section; and

            (d)         to require a person on the premises to answer questions or produce documents in the person’s possession concerning the investigation; and

            (e)         to inspect and take copies of or extracts from, download or print out documents produced in compliance with a requirement made under paragraph (d) or any other documents at the premises that may be relevant to the investigation.

        (3)         There must be stated in a warrant —

            (a)         the purpose for which the warrant is issued; and

            (b)         the name of the person to whom the warrant is issued; and

            (c)         a general description of the classes of persons (if any) who may be medically examined; and

            (d)         a description of the premises that may be entered.

        (4)         A magistrate who issues a warrant must cause a record to be made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant.

        [Section 64 amended: No. 33 of 2010 s. 28; No. 35 of 2022 s. 36.]