New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 116

116 Search warrants

(1) An officer or member of the police force may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant if the officer or member of the police force has reasonable grounds for believing that a provision of this Act or the regulations has been or is being contravened at any premises.

(2) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an officer or member of the police force named in the warrant:

(a) to enter the premises, and

(b) to inspect the premises for evidence of a contravention of this Act or the regulations, and

(c) to observe and converse with any person apparently residing there.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) Without limiting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002 , a member of the police force:

(a) may accompany an officer executing a search warrant issued under this section, and

(b) may take all reasonable steps to assist the officer in the exercise of the officer’s functions under this Act or the regulations.