South Australian Numbered Acts South Australian Numbered Acts11—Substitution of sections 16, 17 and 18
Sections 16, 17 and 18—delete the sections and substitute:
16—Power to remove children from dangerous situations
(1) If an officer
believes on reasonable grounds that a child is in a situation of serious
danger and that it is necessary to remove the child from that situation in
order to protect the child from harm (or further harm), the officer may remove
the child from any premises or place, using such force (including breaking
into premises) as is reasonably necessary for the purpose.
(2) An officer's
powers under this section are subject to the following limitations:
(a) a
police officer below the rank of inspector may only remove a child from a
situation of danger with the prior approval of a police officer of or above
the rank of inspector unless he or she believes on reasonable grounds that the
delay involved in seeking such an approval would prejudice the child's safety;
(b) an
employee of the Department may only remove a child from the custody of a
guardian with the Chief Executive's prior approval.
(3) An officer who
removes a child under this section must, if possible, return the child to the
child's home unless—
(a) the
child is a child who is under the guardianship, or in the custody, of the
Minister; or
(b) the
officer is of the opinion that it would not be in the best interests of the
child to return home.
(4) If an officer
removes a child under this section, and the child is not returned to the
child's home under subsection (3), the officer must deliver the child
into the care of such person as the Chief Executive, or the Chief Executive's
nominee, directs.
(5) If the Minister
does not already have custody of a child who is removed from a situation of
danger under this section, the Minister has custody of the child until—
(a) the
end of the working day following the day on which the child was removed; or
(b) the
child's return home,
(whichever is the earlier).