New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 94

94 Search warrants

(1) An officer 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 has reasonable grounds for believing that a ward or protected person the subject of an order in force under section 93 may be found in 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 officers named in the warrant:

(a) to enter any premises specified in the warrant,

(b) to search the premises for the presence of the ward or protected person,

(c) to remove the ward or protected person from the premises, and

(d) to return the ward or protected person to, or to place the ward or protected person in, the custody of the person specified in the order in force under section 93 in respect of the ward or protected person.

(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 section.

(5) An officer named in a search warrant, or a member of the police force, may, for the purpose of removing a ward or protected person pursuant to the warrant, use all reasonable force.