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AGED CARE QUALITY AND SAFETY COMMISSION ACT 2018 - SECT 69

Consent

  (1)   Before obtaining the consent of an occupier of premises for the purposes of subsection   68(3), a regulatory official 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 If so, the consent has effect for that period unless the consent is withdrawn before the end of that period.

  (4)   A consent that is not limited as mentioned in subsection   (3) has effect until the consent is withdrawn.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 a regulatory official entered premises because of the consent of the occupier of the premises, the official must leave the premises if the consent ceases to have effect.

  (6)   If:

  (a)   the Commissioner enters premises because of the consent of the occupier of the premises; and

  (b)   the Commissioner has not shown the occupier evidence of the Commissioner's identity before entering the premises;

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

  (7)   If:

  (a)   a quality assessor enters premises because of the consent of the occupier of the premises; and

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

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



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