Compliance

What powers do authorised officers have under the National Law and Regulations?

Freya Lucas

Mar 04, 2021

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Authorised officers, sometimes referred to as assessors, are appointed by the Regulatory Authority for each state and territory around Australia to carry out specific functions under the National Law and Regulations.

In their work of assessing and rating, monitoring for compliance, and investigating incidents and circumstances within early childhood education and care (ECEC) services, authorised officers have certain powers, including:

Being able to enter services, with or without the consent of the occupier, at any reasonable time
The ability to inspect the premises and equipment
Taking photographs, filming, or making audio recordings at the premises

Inspecting and copying documents
Removing documents from the premises
Asking questions of those on the premises

Asking those on the premises to provide information or produce documents
Gathering information and contact details about parents of enrolled children.

In order to exercise their powers, an authorised officer must show their identity card before undertaking a power of entry under the National Law.

It is an offence to hinder or obstruct an authorised officer when they are exercising their powers. This includes abusive, threatening or insulting language towards an authorised officer.

For more information about the role of authorised officers, please see here.

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