Section 74: Powers of entry and inspection
235.This section provides for a right of entry and inspection for a person authorised in writing by the Commission, an “authorised person”.
236.Subsection (1) provides that an authorised person may enter the premises of a registered provider and inspect, copy and take documents found on the premises of a registered provider for the purposes of the following functions:
monitoring compliance with ongoing registration conditions (section 36);
reviews relevant to compliance with ongoing registration conditions (section 38);
monitoring and promoting improvement in the quality of tertiary education (section 51);
conducting reviews relevant to the quality of tertiary education (section 531); or
assessing the quality of higher education (section 54(1)).
237.Subsection (2) states that an authorised person may enter premises and inspect, copy and take documents found on the premises of external providers for the purposes of the following functions:
monitoring and promoting improvement in the quality of tertiary education (section 51);
conducting reviews regarding the quality of tertiary education (section 53); or
assessing the quality of higher education (section 54(1)).
238.The term “documents” in this section includes information in any form and documents stored on or accessible by computers on the premises (subsection (3)).
239.The power to inspect, copy or take away documents includes the power to require a person to provide documents, and to require the documents be provided in a certain form or format, and to inspect any electronic storage systems where documents have been created or stored (subsection (4)).
240.Before exercising a power under this section, reasonable notice must be given to the governing body of the registered provider or external provider in relation to whose premises the powers will be exercised, and the governing body of any registered provider on whose behalf the provider or external provider provides education to which the exercise of the entry and inspection functions relate (subsection (5)). However, notice does not need to be given if the power needs to be exercised urgently, or if giving notice would defeat the purpose of exercising the power (subsection (6)).
241.If required to do so, an authorised person must, before exercising a power under this section, produce a copy of the written authorisation from the Commission (subsection (8)).
242.The powers conferred by this section must be exercised at reasonable times and not so that anyone has to do anything other than at a reasonable time (subsection (9)). They do not constitute a power to enter a residential dwelling without the agreement of the occupier (subsection (10)). “
