Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 135

135 .         Access to child by authorised officer while interim order in force

        (1)         While an interim order as to a matter referred to in section 133(2)(a) or (c) is in force in respect of a child, an authorised officer may have access to the child at any reasonable time.

        (2)         The entitlement referred to in subsection (1) includes an entitlement to both see and talk with the child without a parent of the child or any other person being present.

        (3)         An authorised officer may apply to a judge or magistrate for a warrant (access) if the officer —

            (a)         is denied access to a child; or

            (b)         suspects that he or she will be denied such access; or

            (c)         is unable to find the child for the purposes of access.

        (4)         An application under subsection (3) must be made in accordance with section 120.

        (5)         On an application under subsection (3) a judge or magistrate may issue a warrant (access) if the judge or magistrate is satisfied —

            (a)         as to a matter referred to in subsection (3)(a) or (c); or

            (b)         that there are reasonable grounds for the authorised officer to have the suspicion referred to in subsection (3)(b).

        Note for this section:

                Section 121 contains provisions about the effect of a warrant (access).

        [Section 135 amended: No. 8 of 2009 s. 32(3).]

        [Heading inserted: No. 49 of 2010 s. 36.]