Western Australian Numbered Acts Western Australian Numbered Acts (1) An assessor may
for the purposes of conducting an assessment of a medical practitioner enter
at any reasonable time premises at which the medical practitioner practises
medicine or stores records relating to his or her practice —
(a) with
the consent of the medical practitioner and the occupier (if any) of the
premises; or
(b)
without the consent of the medical practitioner and the occupier (if any) of
the premises, if the assessor has given the medical practitioner and the
occupier (if any) 5 days’ notice in writing of the assessor’s
intention to enter the premises.
(2)
Subsection (1)(b) does not apply to residential premises.
(3) If an assessor
enters premises under subsection (1), the assessor may for the purposes
of an assessment —
(a)
examine equipment on the premises used by the medical practitioner in
connection with his or her medical practice; and
(b)
require a person on the premises to produce medical supplies, including
therapeutic substances, that are in the possession or under the control of the
person; and
(c) take
photographs of the premises, equipment or medical supplies; and
(d)
require a person on the premises to produce to the assessor any document or
other thing concerning the assessment that is in the possession or under the
control of the person; and
(e)
inspect any document or other thing produced to the assessor and retain it for
such reasonable period as the assessor thinks fit, and make copies of a
document or any of its contents; and
(f)
require the occupier (if any) of the premises to provide such assistance and
facilities as the assessor reasonably requires to carry out the
assessor’s functions; and
(g)
require a person on the premises —
(i)
to give the assessor such information as the assessor
requires; and
(ii)
to answer any question put to that person,
in relation to the
assessment; and
(h)
exercise other powers prescribed by the regulations.
(4) A requirement made
under subsection (3)(d) —
(a) must
be made by notice in writing given to the person required to produce the
document or other thing; and
(b) must
specify the time at or within which the document or other thing is to be
produced; and
(c) may,
by its terms, require that the document or other thing required be produced at
a place and by means specified in the requirement; and
(d)
where the document required is not in a readable format, must be treated as a
requirement to produce —
(i)
the document itself; and
(ii)
the contents of the document in a readable format.
(5) A requirement made
under subsection (3)(g) —
(a) may
be made orally or by notice in writing served on the person required to give
information or answer a question, as the case may be; and
(b) must
specify the time at or within which the information is required to be given or
the question is required to be answered, as the case may be; and
(c) may,
by its terms, require that the information or answer requested —
(i)
be given orally or in writing;
(ii)
be given at or sent or delivered to a place specified in
the requirement;
(iii)
in the case of written information or answers be sent or
delivered by means specified in the requirement;
(iv)
be verified by statutory declaration.
(6) If under
subsection (3)(g) an assessor requires a person to give information or
answer a question, the assessor must inform that person that the person is
required under this Act to give the information or answer the question.
(7) An assessor must
produce his or her certificate of appointment if requested to do so by a
person in respect of whom the assessor has exercised, or is about to exercise,
a power under this section.