Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 20

20 Officer’s obligations on taking child into custody

(1) This section applies if an authorised officer or police officer takes a child into the chief executive’s custody.

(2) If the child does not have long-term guardians, the officer must, as soon as practicable—

(a) take reasonable steps to tell at least 1 of the child’s parents—

(i) that the child has been taken into custody and the reasons for the action; and

(ii) when the chief executive’s custody ends under section 18 (8) ; and

(b) tell the child about their being taken into the chief executive’s custody; and

Note—

Section 195 deals with compliance with provisions about giving information.

(c) tell the chief executive the child has been taken into the chief executive’s custody, the reasons for the action and where the child has been taken.

(3) If the child has long-term guardians, the officer must, as soon as practicable—

(a) comply with subsection (2) (a) to (c) as if the reference in subsection (2) (a) to parents were a reference to long-term guardians; and

(b) comply, or make a reasonable attempt to comply, with subsection (2) (a) .

(4) Subsections (2) and (3) do not require the officer to tell the child’s parents or long-term guardians in whose care the child has been placed.

(5) The officer’s obligation under subsection (2) (a) (i) or (3) to give reasons for taking the child into custody 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 provision may jeopardise an investigation into the offence; or

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

(6) If, under subsection (3) (b) , the officer does not comply with subsection (2) (a) but makes a reasonable attempt to comply, the officer must document full details about the actions taken by the officer in making the attempt.