Aged Care Act 2024

If an authorised Commission officer enters a residential care home under, or purportedly under, section 427, the Commissioner must:

apply to an assessment officer for a warrant (a post‑entry warrant) under this section in relation to the entry to the residential care home; and

do so as soon as practicable after the exercise, or purported exercise, of powers under section 427 in relation to the residential care home.

The application must:

be in writing; and

be accompanied by the certificate issued by the Commissioner under paragraph 427(2)(a); and

set out the grounds on which the Commissioner was satisfied of the matters mentioned in paragraph 427(2)(a); and

state the contact details for the Commissioner and the authorised Commission officer; and

state how the assessment officer may give to the Commissioner the following:

any request in writing under subsection (4) of this section for information or documents;

the post‑entry warrant or a notice of refusal to issue the warrant; and

set out any information that:

is known to the Commissioner; and

the Commissioner considers may assist the assessment officer to give, to the occupier of the residential care home at the time of the entry, the post‑entry warrant or a notice of refusal to issue the warrant; and

set out the time, date and place of the entry; and

set out any other information, and be accompanied by any documents, the Commissioner considers relevant to the application.

The information in the application must be sworn or affirmed by the Commissioner.

The assessment officer may request, in writing, that the Commissioner or the authorised Commission officer provide further information or documents relating to the application, and that the Commissioner or authorised Commission officer do so in a particular way.

If the Commissioner or the authorised Commission officer is unable to provide some or all of the further information or documents requested, the Commissioner or the authorised Commission officer must, within a reasonable period, notify the assessment officer:

of the information or documents that cannot be provided; and

of the reasons why the information or documents cannot be provided.

If the assessment officer is notified in accordance with subsection (5) that some or all of the further information or documents cannot be provided, the assessment officer must (unless there is another reason not to) continue to consider the application despite having not received the further information or documents.

The assessment officer must:

issue the post‑entry warrant if, and only if, the assessment officer is satisfied, on the balance of probabilities, that it was reasonable for the Commissioner to be satisfied of the matters mentioned in paragraph 427(2)(a); and

otherwise, refuse to issue the post‑entry warrant.

The issue of, or refusal to issue, the post‑entry warrant does not affect whether or not the exercise, or purported exercise, of powers under section 427 was valid.

The post‑entry warrant, if issued, must include the following:

the information mentioned in paragraph (2)(g);

a statement of the reasons for issuing the warrant;

a statement that the warrant has been issued under this section.

If the assessment officer issues the post‑entry warrant, the assessment officer must give a copy of the warrant to the persons mentioned in subsection (12) as soon as reasonably practicable after issuing the warrant.

If the assessment officer refuses to issue the post‑entry warrant:

the assessment officer must give written notice of the refusal to the persons mentioned in subsection (12) as soon as reasonably practicable after refusing to issue the warrant; and

the notice must include a statement of reasons for refusing to issue the warrant; and

in the case of a notice given to a person mentioned in paragraph (12)(b)—the notice must also contain information about any right the person may have to:

make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976; or

take civil or other action;

For the purposes of subsections (10) and (11), the persons are the following:

the Commissioner;

the occupier of the residential care home at the time of the entry;

the authorised Commission officer.