South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 41

41—Removal of child or young person

        (1)         Subject to this section, if a child protection officer believes on reasonable grounds that—

            (a)         a child or young person has suffered, or there is a significant possibility that a child or young person will suffer, serious harm; and

            (b)         it is necessary to remove the child or young person from that situation in order to protect them from suffering serious harm or further serious harm; and

            (c)         there is no reasonably practicable alternative to removing the child or young person in the circumstances,

the child protection officer may remove the child or young person from any premises, place, vehicle or vessel using such force (including breaking into the premises, place, vehicle or vessel) as is reasonably necessary for the purpose.

        (2)         Without limiting the generality of subsection (1), the regulations may set out circumstances in which 1 or more of the requirements under that subsection will be taken to have been satisfied.

        (3)         A child protection officer who is a police officer below the rank of inspector may only remove a child or young person under this section with the prior approval of a police officer of or above the rank of inspector.

        (4)         A child protection officer who is an employee of the Department may only remove a child or young person from the custody of a parent or guardian of the child or young person with the Chief Executive's prior approval.

        (5)         Subsections (3) and (4) do not apply if the child protection officer believes on reasonable grounds that the delay involved in seeking prior approval would significantly increase the risk of serious harm, or further serious harm, being caused to the child or young person.