South Australian Current Acts South Australian Current Acts149—Powers of child protection officers
(1) Subject to this
Act, a child protection officer may, as may reasonably be required in the
administration, operation or enforcement of this Act, do 1 or more of the
following:
(a)
enter and remain on any premises, place, vehicle or vessel (and for that
purpose require a vehicle or vessel to stop);
(b)
inspect any premises or place, vehicle or vessel;
(c) use
reasonable force to break into or open any part of, or anything in or on, any
premises, place, vehicle or vessel;
(d) if
the officer believes on reasonable grounds that a child or young person is at
risk of removal from the State for female genital mutilation or
marriage—seize and retain any passport issued in the name of the
child or young person;
(e) take
photographs, films, audio, video or other recordings;
(f)
seize and retain anything that the officer reasonably suspects has been used
in, or may constitute evidence of, a contravention of this Act;
(g)
require a person who the officer reasonably suspects has committed, is
committing or is about to commit, a contravention of this Act to state their
full name and usual place of residence and to produce evidence of their
identity;
(h) give
such directions as may be reasonably required in connection with the exercise
of a power conferred by a preceding paragraph or otherwise for a purpose
related to the administration, operation or enforcement of this Act.
(2) Subject to any
order of the Court, a passport seized under subsection (1)—
(a) may
be held by the Chief Executive for the period prescribed by the regulations;
and
(b)
must, at the end of the period, be dealt with in accordance with the
regulations.
(3) Without limiting
subsection (1), a child protection officer may, for the purposes of
enforcing any order of the Court, without warrant, remove from any premises,
place, vehicle or vessel a child or young person using such force (including
breaking into the premises, place, vehicle or vessel) as is reasonably
necessary for that purpose.
(4) Except as is
provided for in subsection (3), a child protection officer may only use
force to enter any premises, place, vehicle or vessel—
(a) on
the authority of a warrant issued by a magistrate; or
(b)
if—
(i)
entry to the premises, place, vehicle or vessel has been
refused or cannot be gained; and
(ii)
the child protection officer believes on reasonable
grounds that the delay that would ensue as a result of applying for a warrant
would significantly increase the risk of harm, or further harm, being caused
to a child or young person.
(5) A magistrate must
not issue a warrant under this section unless satisfied on information given
on oath, personally or by affidavit, that there are reasonable grounds for the
issue of a warrant.
(6) An application for
the issue of a warrant under this section—
(a) may
be made either personally or by telephone; and
(b) must
be made in accordance with any procedures prescribed by the regulations.
(7) A magistrate by
whom a warrant is issued under this section must file the warrant, or a copy
of it, and any supporting affidavit in the Court.
(8) Without limiting
subsection (1), a child protection officer may exercise a power under
this section for the purpose of determining whether an order of the Court, or
a direction or requirement of the Chief Executive, is being, or has been,
complied with in respect of a child or young person who is under the
guardianship, or in the custody, of the Chief Executive.
(9) A
child protection officer may, in exercising powers under this Act, be
accompanied by such assistants as are reasonably required in the
circumstances.
(10) A person must
not, without reasonable excuse, refuse or fail to comply with a requirement or
direction under this section.
Maximum penalty: Imprisonment for 1 year.
(11) To avoid doubt,
this section does not limit any other powers conferred by any other provision
of this Act.