Chapter 15 Removal of persons and entry of premises and places
232 Persons under the parental responsibility of the Minister leaving or being removed from care
If a person under the parental responsibility of the Minister has, without lawful excuse, left, or been removed from, the care responsibility of the Minister and the Minister is of the opinion that the person should be returned to that care responsibility, the Minister may, by order in writing, direct that the person be returned to that care responsibility.
233 Power of search for and removal of children and young persons in need of care and protection
(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:(a) that there is in any premises a child or young person at risk of serious harm, or(b) that a person on whom a notice has been served under section 173 (Medical examination of children in need of care and protection) has failed to comply with the requirement contained in the notice, or(c) that a person the subject of an order in force under section 232 may be found in any premises.(2) An authorised officer to whom such an application is made may issue a search warrant:(a) in the case of an application under subsection (1) (a), if satisfied on reasonable grounds:(i) that a child or young person is or may be at risk of serious harm, and(ii) that the making of an apprehended violence order would not be sufficient to protect the child or young person from that risk, or(b) in the case of an application under subsection (1) (b) or (c), if satisfied that there are reasonable grounds for doing so.(3) A search warrant authorises the person named in the warrant:(a) in the case of a warrant issued following an application under subsection (1) (a):(i) to enter such premises, if any, as may be specified in the warrant, and(ii) to search those premises for the presence of the child or young person, and(iii) to remove the child or young person from those premises or from any place, or(b) in the case of a warrant issued following an application under subsection (1) (b):(i) to enter the premises (if any) specified in the warrant, and(ii) to search the premises (if any) or elsewhere, or at large, for the presence of the child the subject of the notice under section 173 (1), and(iii) to remove the child, and(iv) to present the child to a medical practitioner under section 173 (3), or(c) in the case of a warrant issued following an application under subsection (1) (c):(i) to enter the premises (if any) specified in the warrant, and(ii) to search the premises (if any) or elsewhere, or at large, for the presence of the person the subject of the order in force under section 232, and(iii) to remove the person, and(iv) to return the person to, or to place the person in, the custody of the custodian specified in the order in force under section 232 in respect of the person.(4) An application for a warrant or warrant may specify one or more addresses or other descriptions of premises. However, it is not necessary to specify an address or other description of premises in an application for a warrant or in a warrant.(5) It is not necessary in any search warrant issued under this section to name any particular child or young person.
234 Reasons for removal and other information to be given to certain persons
(1) A person who removes a child or young person from any premises or place under this Act must cause notice of:(a) the person’s name and the nature of his or her authority, and(b) the reasons for which the child or young person is being removed from the premises or place, and(c) the fact that the law authorises the person to remove the child or young person from the premises or place, and(d) what is likely to happen in relation to the care and protection of the child or young person as a consequence of his or her being removed from the premises or place,to be given to the person (if any) on the premises or at the place who appears to the person to have the care responsibility of the child or young person for the time being and, in the case of a child who is of or above the age of 10 years or a young person, to the child or young person.(2) Any such notice may be given verbally at the time the child or young person is removed from the premises or place.(3) However, if verbal notice is given, the person must cause written notice to be given as soon as practicable after the child or young person is removed.(4) In giving such notice to a child or young person, the person must do so in language and in a manner the child or young person can understand having regard to his or her development and the circumstances.(5) At the time the child or young person is removed from the premises or place, the person must, in the case of a child who is of or above the age of 10 years or a young person:(a) inform the child or young person that he or she may choose to contact any person, and(b) ensure that the child or young person is given a reasonable opportunity and appropriate assistance to contact any such person.
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.
This Part applies to the exercise of any function under this Act or the regulations, or under a search warrant issued under this Act, relating to:(a) the searching for, apprehension or removal of a person in or from any premises or place, or(b) the entry, searching or inspection of any premises or place.
239 Attendance of police or medical practitioner
(1) A person in exercising a function to which this Part applies may be accompanied by a police officer or a medical practitioner, or both.(2) The police officer or medical practitioner may take all reasonable steps to assist the person in the exercise of the person’s functions.
(1) A person in exercising a function to which this Part applies may use all reasonable force.(2) No compensation is payable for any damage done or loss incurred in the use of reasonable force.
241 Powers exercisable on entry and inspection
(1) A person who is authorised under this Act or the regulations, or under a search warrant issued under this Act, to enter and inspect any premises, may do any one or more of the following:(a) enter the premises,(b) inspect the premises,(c) make such examination and inquiry as the person thinks necessary in order to exercise functions under this Act and the regulations,(d) take such photographs and films, and audio, video and other recordings, as the person considers necessary,(e) make copies of, or take extracts or notes from, any records, books, documents or other things,(f) for the purpose of further examination, take possession of, and remove, any of those records, books, documents or other things,(g) require the owner or occupier of the premises to provide the person with such assistance and facilities as is or are reasonably necessary to enable the person to exercise functions under this Act or the regulations,(h) require any person in or about the premises to answer questions or otherwise furnish information,(i) require any person to produce any records, books, documents or other things in the possession or under the control of the person that relate to, or that the person making the entry and inspection believes on reasonable grounds relate to, the operation or administration of the premises or any activity conducted on or from the premises,(j) if the person making the entry and inspection considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any document or other thing inspected.(1A) A person who is authorised under this Act or the regulations, or under a search warrant issued under this Act, to search for, apprehend or remove a person in or from any premises or place may take such photographs and films, and audio, video and other recordings, as the person considers necessary.(2) A person must comply with any requirement under this section of the person making the entry and inspection.Maximum penalty: 200 penalty units.
Note. An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 258.
242 Observing and conversing with persons
(1) A person in exercising a function to which this Part applies, and a police officer or medical practitioner accompanying the person, may observe and converse with any person present in any premises or at any place entered by the person.(2) Nothing in subsection (1) authorises:(a) the examination of a child or young person in contravention of section 176 (Special medical examinations) or section 177 (Ordinary medical and dental treatment), or(b) the examination of any other person against the person’s will.
243 Application of search warrants provisions
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 (sections 62 (1) (c) and 67 (2) (b) (iv) excepted) applies to a search warrant issued under this Act.
244 Effect of failure to properly exercise function
The failure to exercise a function to which this Part applies in accordance with the provision of this Act or the regulations by which the function is conferred or imposed does not invalidate any thing done under any other provision of this Act or the regulations.