Section 109: Commissioner’s power to enter premises
446.This section inserts a new section 2E into the 2004 Act. This broadly replicates the Commissioner’s previous power to enter premises where children are accommodated or cared for, in order to interview children, and applies to the exercise of the primary function and new section 2D. This provision does not extend to private dwellings, but applies in respect of any part of a premises which is not a private dwelling. New section 2E(2)(b) and 2E(4) provide that the Commissioner or his or her representative can observe the facilities and standards of care provided and interview persons working at the establishment. These provisions have no impact on the Commissioner’s capacity to interview children in situations other than where the power to enter premises is being used.