Queensland Numbered Acts Queensland Numbered Acts(1) This section applies if a community visitor (child) intends to ask a person who is a carer staying at a visitable home to consent to the visitor entering the home under section 61(1)(a).
(2) Before asking for the consent, the visitor must tell the person—
(a) the purpose of the entry; and
(b) that the person is not required to consent.
(3) If the consent is given, the visitor may ask the person to sign an acknowledgement of the consent.
(4) The acknowledgement must state—
(a) that the person has been told—
(i) the purpose of the entry; and
(ii) that the person is not required to consent; and
(b) the purpose of the entry; and
(c) that the person gives the visitor consent to enter the visitable home and exercise powers under this subdivision; and
(d) the time and date the consent was given.
(5) If the person signs the acknowledgement, the visitor must immediately give a copy to the person.
(6) If—
(a) an issue arises in a proceeding about whether a person who was a carer staying at a visitable home consented to the entry; and
(b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove a person mentioned in paragraph (a) consented.