Consent to entry
78 Consent to entry
This section applies if a child advocacy officer intends to ask a person who is in charge of a place (other than a visitable site) where a relevant child is staying to consent to the officer entering the place under section 74(1)(b)(i).
Before asking for the consent, the officer must tell the person—
the purpose of the entry; and
that the person is not required to consent.
If the consent is given, the officer may ask the person to sign an acknowledgement of the consent.
The acknowledgement must state—
that the person has been told—
the purpose of the entry; and
that the person is not required to consent; and
the purpose of the entry; and
that the person gives the officer consent to enter the place and exercise powers under this division; and
the time and date the consent was given.
If the person signs the acknowledgement, the officer must immediately give a copy to the person.
If—
an issue arises in a proceeding about whether a person who was in charge of a place consented to the entry; and
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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