Western Australian Current Acts

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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 33

33 .         Access to child for purposes of investigation

        (1)         If, in the course of an investigation referred to in section 32(1)(d), an authorised officer believes on reasonable grounds that —

            (a)         it is in the best interests of the child for the officer to have access to the child before the child’s parents become aware of the investigation; or

            (b)         if the child’s parents were to know in advance about the proposed access, the proper and effective conduct of the investigation would be likely to be jeopardised,

                the authorised officer, without informing the child’s parents, may have access to the child at a school, hospital or place where a child care service is provided, and remain at the school, hospital or place, for as long as the officer reasonably considers necessary for the purposes of the investigation.

        (2)         Before exercising the power in subsection (1), the authorised officer must notify the person in charge of the school, hospital or place of his or her intention to exercise the power.

        (3)         As soon as practicable after the authorised officer has had access to the child, the officer must inform at least one of the child’s parents that the officer has had such access and the reasons for it.

        (4)         An authorised officer does not have to comply with subsection (3) if —

            (a)         the officer believes on reasonable grounds that a person may be charged with an offence involving harm to the child and the officer’s compliance with the subsection may jeopardise an investigation of the offence; or

            (b)         the officer believes on reasonable grounds that compliance with the subsection may expose the child to harm or a risk of harm; or

            (c)         the child has requested that the child’s parents not be informed and the officer believes on reasonable grounds that it is in the best interests of the child to comply with the request.



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