Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 69

Protective intervener may take child in need of protection into safe custody

69. Protective intervener may take child in need of protection into
safe custody



(1) If a protective intervener is satisfied on reasonable grounds that a child
is in need of protection and that it is inappropriate to take the procedure
set out in section 68(1)(a), he or she may-

   (a)  without a warrant, take the child into safe custody or cause another
        protective intervener to take the child into safe custody; or

   (b)  apply to a magistrate or, despite anything to the contrary in the
        Magistrates' Court Act 1989, to an authorised bail justice for the
        issue of a search warrant.



(2) A search warrant issued under sub-section (1)-

   (a)  may only be directed to a named member of the police force or
        generally all members of the police force; and

   (b)  may be endorsed by the person issuing it with a direction that the
        child be released on an interim accommodation order of the type
        referred to in paragraph (a) or (b) of section 74(1) as specified in
        the endorsement.

(3) A protective intervener must on taking a child into safe custody give to-

   (a)  the child's parents, unless they cannot be found after reasonable
        inquiries; and

   (b)  the child, if he or she is of or above the age of 12 years-

a written statement containing the prescribed information relating to the
taking of children into safe custody under this section.

(4) Subject to sub-section (6), a child taken into safe custody under this
section must be brought before the Court for the hearing of an application for
an interim accommodation order as soon as practicable and, in any event,
within one working day after the child was taken into safe custody.

(5) Unless a child is brought before the Court under sub-section (4) within 24
hours after the child was taken into safe custody, he or she must, subject to
sub-section (6), be brought before a bail justice as soon as possible within
that period of 24 hours for the hearing of an application for an
interim accommodation order.





(6) A child of tender years need not be brought before the Court under
sub-section (4) or a bail justice under sub-section (5) unless the Court or
bail justice otherwise orders but the Court or bail justice may deal with the
application in the absence of the child.

(7) Until a child taken into safe custody under this section is brought before
the Court or a bail justice for the making of an interim accommodation order,
the child may only be placed-

   (a)  in a community service; or

   (b)  if there is a substantial and immediate risk of harm to the child, in
        a secure welfare service; or

   (c)  in any other accommodation approved by the Secretary.



(8) This section applies with any necessary modifications-

   (a)  to the taking of a child into safe custody under sections 79(5), 80(3)
        and (4), 80A(5) and (6), 95(3), 95(4) (including sections 95(3) and
        95(4) as applied to a supervised custody order by section 98(3)),
        110(2A), 111(3) and 111(4); and

   (b)  to the issue and execution of a warrant under sections 79(5), 80(3)
        and (4), 80A(5) and (6), 95(3), 95(4) (including sections 95(3) and
        95(4) as applied to a supervised custody order by section 98(3)),
        110(2A), 111(3) and 111(4).