Children and Young Persons (Care and Protection) Act 1998 No 157
Current version for 11 January 2013 to date (accessed 24 May 2013 at 21:28)

Part 2 Entry of premises and places

235   Entry without warrant into premises—generally

(1)  This section applies to any premises that are subject to control or regulation under this Act or the regulations, whether by means of a licence or otherwise, other than premises to which section 236 applies.
(2)  The Director-General may, at any time, enter and inspect any premises to which this section applies without the need for any authority other than that conferred by this section for any of the following purposes:
(a)  making an inquiry in relation to an application under this Act with respect to the premises,
(b)  ensuring that the provisions of this Act and the regulations with respect to the premises, and of any conditions imposed on a licence or other authority with respect to the premises, are being complied with,
(c)  ensuring that the conditions of any exemption relating to the premises are being complied with.

236   Entry without warrant into premises—places of employment

(1)  For the purpose of:
(a)  ensuring that the provisions of this Act and the regulations and of any conditions imposed on an employer’s authority are being complied with at premises that are a place of employment of a person who is the holder of an employer’s authority, or
(b)  ensuring that the conditions of any exemption from holding an employer’s authority are being complied with at premises that are a place of employment of an exempted employer,
      the Director-General may, at any time, enter and inspect the premises without the need for any authority other than that conferred by this section.
(2)  Nothing in this section authorises the entry of a dwelling.

237   Entry and inspection under search warrant

(1)  The Director-General or a police officer may apply to an authorised officer for a search warrant if the Director-General or police officer has reasonable grounds for believing that a provision of this Act or the regulations has been or is being contravened at any premises.
(2)  An authorised officer to whom such an application is made may issue a search warrant if satisfied that there are reasonable grounds for doing so.
(3)  A search warrant authorises the person named in the warrant:
(a)  to enter the premises, and
(b)  to inspect the premises for evidence of a contravention of this Act or the regulations.
Top of page