Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 17

17 Contact with children in school, education and care service premises, family day care etc.

(1) This section applies if—

(a) an authorised officer or police officer is investigating an allegation of harm, or risk of harm, to a child; and

(b) the officer reasonably believes—

(i) it is in the child’s best interests that the officer has contact with the child before the child’s parents or long-term guardians are told about the investigation; and

(ii) the child’s parents or long-term guardians knowing in advance about the proposed contact with the child is likely to adversely affect or otherwise prevent the proper and effective conduct of the investigation; and

(c) the child is at a school, or place where education and care or regulated education and care is provided, when the officer is to have contact with the child; and

(d) the officer has lawfully entered, and is lawfully remaining at, the school or place.

(2) The officer may have contact with the child for as long as the officer reasonably considers necessary for investigating the allegation.

(3) Before exercising a power under subsection (2) , the officer must notify the principal or other person in charge of the school or place of the intention to exercise the power.

(4) As soon as practicable after the officer has had contact with the child, the officer must—

(a) if the child has long-term guardians—tell at least 1 of the long-term guardians that the officer has had contact with the child and the reasons for the contact; or

(b) otherwise—tell at least 1 of the child’s parents that the officer has had contact with the child and the reasons for the contact.

(5) The officer’s obligation under subsection (4) to give reasons for the contact with the child is limited to the extent the officer considers is reasonable and appropriate in particular circumstances if the officer reasonably believes—

(a) someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or

(b) compliance with the subsection may expose the child to harm.

(6) Also, at the first reasonable opportunity, the officer must record, in a register kept for the purpose by the department or the Queensland Police Service, full details about the exercise of the powers and other actions taken by the officer.

(7) In this section—

"education and care" means education and care provided under the Education and Care Service National Law (Queensland).

"regulated education and care" means regulated education and care within the meaning of the Education and Care Services Act 2013 .