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AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 66

Consent

  (1)   Before obtaining the consent of an occupier of premises for the purposes of subsection   64A(3) or 65(3), an authorised officer must:

  (a)   inform the occupier that the occupier may refuse to give consent or may withdraw consent; and

  (b)   if the occupier is an approved provider--inform the occupier that the occupier has a responsibility under paragraph   63 - 1(1)(b) of the Aged Care Act to cooperate with a person who is performing functions, or exercising powers, under this Part.

Note:   Failure to comply with that responsibility may result in a sanction being imposed on the approved provider under Part   7B.

  (2)   A consent has no effect unless the consent is voluntary.

  (3)   A consent may be expressed to be limited to entry during a particular period. If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.

  (4)   A consent that is not limited as mentioned in subsection   (3) has effect until the consent is withdrawn.

  (5)   If an authorised officer entered premises because of the consent of the occupier of the premises, the officer must leave the premises if the consent ceases to have effect.

  (6)   If:

  (a)   an authorised officer enters premises because of the consent of the occupier of the premises; and

  (b)   the officer has not shown the occupier the officer's identity card before entering the premises;

the officer must do so on, or as soon as is reasonably practicable after, entering the premises.



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