Section 80Part 11 — GOVERNOR IN CABINET'S AND GOVERNOR'S SUPERVISORY FUNCTIONS AND RESPONSIBILITIES
Inspection of children's homes, etc. by persons authorised by the Governor in Cabinet
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The Governor in Cabinet may cause to be inspected from time to time any —
children's home;
premises in which a child who is being looked after by the Department is living;
premises in which a child who is being accommodated by or on behalf of the Education Department is living;
premises in which a child is living with a person with whom he has been placed through adoption;
premises in which a child who is a protected child is, or will be, living;
premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 8 of Schedule 8, is living or in which it is proposed that he will live;
premises on which any person is acting as a child minder;
premises with respect to which a person is registered under section 72(1)(b); and
premises which are provided by the Department.
An inspection under this section shall be conducted by a person authorised to do so by the Governor in Cabinet.
An officer of the Department shall not be so authorised except with the consent of the Department.
The Governor in Cabinet may require any person of a kind mentioned in subsection (5) to furnish it with such information, or allow it to inspect such records (in whatever form they are held), relating to —
any premises to which subsection (1) applies;
any child who is living in any such premises;
the discharge by the Governor in Cabinet of any of its functions under this Law; or
the discharge by the Department of any of its functions under this Law, as the Governor in Cabinet may at any time direct.
The persons referred to in subsection (4) are any —
Government department;
voluntary organisation;
person carrying on a children's home;
person fostering any privately fostered child or providing accommodation for a child on behalf of the Department or the Education Department;
person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by the Education Department) at which a child is accommodated on behalf of the Department or the Education Department;
person who is the occupier of any premises in which any person acts as a child minder (within the meaning of Part X) or provides day care for young children (within the meaning of that Part);
person carrying on any home of a kind mentioned in subsection (1)(i).
Any person inspecting a home or other premises under this section may —
inspect the children there; and
make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit.
A person authorised by the Governor in Cabinet to exercise the power to inspect records conferred by subsection (4) —
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
may require —
the person by whom or on whose behalf the computer is or has been so used; or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such reasonable assistance as he may require.
A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time.
Any person exercising the power under subsection (8) shall, if so required, produce some duly authenticated document showing his authority to do so.
Any person who intentionally obstructs another in the exercise of the power under subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
The Governor in Cabinet may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order and any such order may make different provisions with respect to each of those subsections.
Cross References
- Section 72 of Children Act
section 72(1)(b)