New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 43
Removal of children and young persons without warrant
(1) If the Secretary or a police officer is satisfied, on reasonable grounds--
(a) that a child or young person is at immediate risk of serious harm, and
(b) that the making of an apprehended violence order would not be sufficient
to protect the child or young person from that risk,
the Secretary or police
officer may (without the need for any authority other than that conferred by
this subsection) remove the child or young person from the place of risk in
accordance with this section.
(2) If the Secretary or a police officer
suspects a person is a child and suspects on reasonable grounds-- (a) that the
person is in need of care and protection, and
(b) that the person is not
subject to the supervision or control of a responsible adult, and
(c) that
the person is living in or habitually frequenting a public place,
the
Secretary or police officer may (without the need for any authority other than
that conferred by this subsection) remove the person from any public place.
(3) If the Secretary or a police officer suspects a person is a child or
young person and suspects on reasonable grounds-- (a) that the person is in
need of care and protection, and
(b) that the person-- (i) is or has recently
been on any premises where prostitution or acts of child prostitution take
place or where persons are used for the production of child abuse material, or
(ii) is or has recently been participating in an act of child prostitution in
any place or is being or has recently been used for the production of
child abuse material in any place,
the Secretary or police officer may
(without the need for any authority other than that conferred by this
subsection) remove the person from the premises or place or any such adjacent
place.
(4) For the purposes of this section, the Secretary or a police
officer may (without the need for any authority other than that conferred by
this subsection)-- (a) enter any premises or place in which the Secretary or
police officer suspects the child or young person (or the person suspected on
reasonable grounds of being a child or young person) may be, and
(b) enter
the premises or place (and any adjacent place, if the Secretary or police
officer suspects on reasonable grounds that the person, having just left the
premises or place, is in the adjacent place), and
(c) search for the person
in the premises or place and in any such adjacent place.
(5) Until a person
removed under this section is placed in the care responsibility of the
Secretary, the person must be kept separately from any persons who are
detained for committing offences, who are on remand or who are subject to an
order under section 33(1)(g) of the Children (Criminal Proceedings) Act 1987
.
(6) A person authorised to exercise powers by a subsection of this section
may exercise any or all of the powers, as appropriate in the circumstances.
(7) In this section--
"act of child prostitution" has the same meaning as in section 91C of the
Crimes Act 1900 .
"child abuse material" has the same meaning as it has in Division 15A of Part
3 of the Crimes Act 1900 .
"place" means any place, whether or not a public place, and whether or not on
premises.
Note : Part 3 of Chapter 15 (Removal of persons and entry of
premises and places) confers various ancillary powers on persons who exercise
functions under this section.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback