New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 39

39 Entry without warrant into premises of residential child care centres

(1) For the purpose of:

(a) making an inquiry in relation to an application under this Act with respect to the premises of any residential child care centre,

(b) ensuring that the provisions of this Act and the regulations with respect to the premises of any licensed residential child care centre, and of any conditions imposed on a licence with respect to any such premises, are being complied with, or

(c) ensuring that the conditions of any exemption relating to the premises of a residential child care centre are being complied with,

any authorised officer may at any time, without any authority other than that conferred by this subsection, enter the premises and inspect them and observe and converse with any person apparently residing there.

(2) In exercising the powers conferred by subsection (1), an authorised officer may be accompanied:

(a) by a medical practitioner, or

(b) by a member of the police force,

or both, and any such medical practitioner may inspect the premises and observe, examine and converse with any person apparently residing there.

(3) Nothing in subsection (2) authorises:

(a) the examination of a child in contravention of section 20 or 21, or

(b) the examination of any other person against that person’s will.