Ageing and Disability Commissioner Act 2019

For the purposes of an investigation, the Commissioner may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant if the Commissioner has reasonable grounds for believing that there is on any premises an adult with disability or older adult who is subject to, or at risk of, serious abuse, neglect or exploitation.

An authorised officer to whom an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the Commissioner, or a member of the Commissioner’s staff named in the warrant, to enter the premises specified in the warrant and do any or all of the following—

examine and inspect any part of the premises for evidence of abuse, neglect or exploitation of an adult with disability or older adult,

take any photographs, films, audio, video or other recordings as the Commissioner or staff member considers necessary,

require documents to be produced for inspection,

examine and inspect any documents,

copy or take notes from any documents,

for the purpose of further examination, take possession of, and remove, any documents or other things,

require the owner or occupier of the premises to provide the Commissioner (or staff member named in the warrant) with any assistance or facilities that are reasonably necessary to enable the Commissioner or staff member to conduct an investigation,

require any person in or about the premises to answer questions or otherwise provide information.

If the person executing a warrant under this section is accompanied by a relevant health practitioner, the relevant health practitioner may inspect the premises and observe and speak with any adult with disability or older adult apparently residing at the premises and may, with the consent of the adult concerned (in circumstances where the adult has been provided with the appropriate support for the purposes of making such a decision), examine the adult.

If the Commissioner, or a member of the Commissioner’s staff named in the warrant, removes any goods from the premises when executing a warrant under this section, the Commissioner or staff member must provide a written receipt to the person apparently in charge of the premises.

Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

In this section, relevant health practitioner means a medical practitioner or other health practitioner of a class prescribed by the regulations.