Western Australian Current Acts Western Australian Current Acts (1) The CEO may from
time to time make an arrangement for the placement of a provisionally
protected child or a protected child in a secure care facility (a secure care
arrangement ).
(2) The CEO must not
make a secure care arrangement unless the CEO is satisfied that —
(a)
there is an immediate and substantial risk of the child causing significant
harm to the child or another person; and
(b)
there is no other suitable way to manage that risk and to ensure that the
child receives the care the child needs.
(3) Subsection (2)
does not apply in relation to a secure care arrangement if the CEO is required
to make the arrangement under an interim order (secure care).
(4) The CEO may at any
time cancel a secure care arrangement unless it is a secure care arrangement
made or continued under an interim order (secure care).
(5) As soon as
practicable after making a decision under subsection (1) or (4), the CEO must
give written notice of the decision to the following people —
(a) the
child to whom the decision relates;
(b) each
parent of the child;
(c) any
carer of the child;
(d) any
other person considered by the CEO to have a direct and significant interest
in the wellbeing of the child.
(6) The removal of a
child from a secure care facility on a temporary basis or in an emergency
situation, in accordance with procedures approved by the CEO for the secure
care facility, does not affect the secure care arrangement to which the child
is subject.
[Section 88C inserted: No. 49 of 2010 s. 9;
amended: No. 18 of 2021 s. 33.]