An authorised officer from the regulatory authority can enter education and care service premises at any reasonable time, with no notice required, to monitor compliance or for a rating assessment (s 197). They can inspect, photograph and film, copy or take documents and things used in the service (returning them within 7 days), and ask people questions. If they reasonably suspect an offence they can enter to investigate, with or without consent, and search (s 199). Obstructing an officer, or refusing without reasonable excuse to provide documents or information lawfully required, is an offence with penalties up to $27,300 for an individual and $137,700 for a provider (s 207, 208). Family day care homes have extra limits.
The three kinds of regulatory visit, what an authorised officer can and cannot do at each, your obligations, and how to run the day.
| Visit | Power | Key points |
|---|---|---|
| Monitoring (spot check) or rating assessment | s 197 | Entry at any reasonable time with assistants; inspect premises, equipment and vehicles; photograph, film, record or sketch; inspect, copy or take documents and things used in the service, giving notice and returning them within 7 days; ask a person to answer questions or provide information or documents. A residence can only be entered if a service is operating there or the occupier consents in writing |
| Investigation | s 199 | Where an officer reasonably suspects an offence: entry with or without consent at any reasonable time, including premises of a related provider; search; inspect, measure, test, photograph, film and record; take samples; copy documents; require people at the premises to give information to help the investigation |
| Family day care premises | s 197A, s 199A | For monitoring, entry with the occupier’s consent during ordinary business hours, after telling the occupier the purpose and the powers; separate investigation powers apply |
The regulator can also require information, documents or evidence by written notice (s 215). See assessment and rating preparation for planned rating visits.
Yes. Under section 197 of the National Law an authorised officer may enter education and care service premises at any reasonable time to monitor compliance or for a rating assessment; no advance notice is required.
Inspect the premises and equipment, photograph, film or record, inspect, copy or take documents and things used in the service (returning them within 7 days), and ask people to answer questions or produce information. When investigating a suspected offence they can also search and take samples (section 199).
Obstructing an officer or refusing, without reasonable excuse, to provide information or documents lawfully required is an offence (sections 207 and 208). Section 208 excludes questions asked during a monitoring visit under section 197(2)(e) from the refusal-to-answer offence.
For monitoring, only with the occupier's consent, during ordinary business hours, after explaining the purpose and powers (section 197A). Other powers apply when a service is operating at the residence or when investigating an offence.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
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