(1) This section
applies to State information orders.
(2) Subject to
section 145, a court may make a State information order in respect of a State
entity if the court is satisfied that information about the child’s
location is likely to be contained in, or to come into, the records of the
State entity.
(3) A court must not
make a State information order unless —
(a) a
copy of the application for the order has been served on the person to whom
the order will apply; and
(b) the
period of 7 days after service of that copy of the application has expired or
the court considers that there are special circumstances because of which the
order should be made before the end of that period of 7 days.
(4) If an application
for a State information order relates to more than one State entity then a
court must not make the order in relation to more than one State entity unless
the court considers it should do so because of exceptional circumstances.
(5) A court may state
that a State information order only applies to records of a particular kind if
the court considers that —
(a) the
information sought by the order is only likely to be contained in records of
that kind; and
(b) to
apply the order to all records of the State entity concerned would place an
unreasonable burden on the State entity’s resources.
(6) A State
information order stays in force for 12 months.
(7) While a State
information order is in force, the person to whom the order applies must,
subject to subsection (9), provide the information sought by the order as soon
as practicable, or as soon as practicable after the information comes into the
records of the State entity concerned.
(8) If the person (the
official ) to whom a State information order applies provides another person
(in accordance with the order) with information sought by the order, the
official must, at the same time, provide the other person with any information
about actual or threatened violence to the child concerned, to a parent of the
child, or to another person with whom the child lives, that is in the records
of the State entity concerned.
(9) A State
information order does not require the records of the State entity concerned
to be searched for the information sought by the order more often than once
every 3 months unless specifically so ordered by a court.
(10) The person to
whom a State information order applies must comply with the order despite
anything in any other written law.