Child Care Act 2001

On receiving an application for a licence, the Secretary may carry out any investigation he or she considers necessary or appropriate to enable the making of a decision as to whether or not to grant the licence.

In an investigation, the Secretary may be aided by such authorised officers as the Secretary considers appropriate.

For the purposes of an investigation, the Secretary and any authorised officer aiding the Secretary may do one or more of the following:enter, remain in and inspect the premises in respect of which application is made; require any of the following persons to provide information and documents or further information and documents:the applicant; a director or other person concerned in the management of the applicant; each person who the applicant intends to employ or use, or is likely to be employed or used, as a responsible person; a person who the applicant intends to employ or use as a child carer, person-in-charge or ancillary staff; a spouse or close relative of a person referred to in subparagraph (i), (ii), (iia) or (iii); any other person the Secretary or authorised officer considers may have frequent or extended contact with a child who would be provided with child care under the licence if granted; take photographs, films and video recordings in those premises; operate electric and electronic equipment in those premises; do any other thing the Secretary or authorised officer considers appropriate to facilitate and enable the investigation and the obtaining of all relevant information.

If, during an investigation, a person referred to in subsection (3)(b) requests that the person conducting the investigation or an authorised officer aiding in the investigation produce identification – the person or officer must produce his or her certificate of identification; and the person or officer may not take any action or further action in the investigation in relation to the person making the request until that certificate of identification has been produced.

The Secretary may require an applicant to pay all or part of the cost of an investigation under this section.