New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 43

43 Removal of children and young persons without warrant

(1) If the Director-General or a police officer is satisfied, on reasonable grounds:

(a) that a child or young person is at immediate risk of serious harm, and

(b) that the making of an apprehended violence order would not be sufficient to protect the child or young person from that risk,

the Director-General or police officer may (without the need for any authority other than that conferred by this subsection) remove the child or young person from the place of risk in accordance with this section.

(2) If the Director-General or a police officer suspects a person is a child and suspects on reasonable grounds:

(a) that the person is in need of care and protection, and

(b) that the person is not subject to the supervision or control of a responsible adult, and

(c) that the person is living in or habitually frequenting a public place,

the Director-General or police officer may (without the need for any authority other than that conferred by this subsection) remove the person from any public place.

(3) If the Director-General or a police officer suspects a person is a child or young person and suspects on reasonable grounds:

(a) that the person is in need of care and protection, and

(b) that the person:

(i) is or has recently been on any premises where prostitution or acts of child prostitution take place or where persons are used for pornographic purposes, or

(ii) is or has recently been participating in an act of child prostitution in any place or is being or has recently been used for pornographic purposes in any place,

the Director-General or police officer may (without the need for any authority other than that conferred by this subsection) remove the person from the premises or place or any such adjacent place.

(4) For the purposes of this section, the Director-General or a police officer may (without the need for any authority other than that conferred by this subsection):

(a) enter any premises or place in which the Director-General or police officer suspects the child or young person (or the person suspected on reasonable grounds of being a child or young person) may be, and

(b) enter the premises or place (and any adjacent place, if the Director-General or police officer suspects on reasonable grounds that the person, having just left the premises or place, is in the adjacent place), and

(c) search for the person in the premises or place and in any such adjacent place.

(5) Until a person removed under this section is placed in the care responsibility of the Director-General, the person must be kept separately from any persons who are detained for committing offences, who are on remand or who are subject to an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 .

(6) A person authorised to exercise powers by a subsection of this section may exercise any or all of the powers, as appropriate in the circumstances.

(7) In this section:
"act of child prostitution" has the same meaning as in section 91C of the Crimes Act 1900 .
"place" means any place, whether or not a public place, and whether or not on premises.
"pornographic purposes" has the same meaning as in section 91G of the Crimes Act 1900 .

Note: Part 3 of Chapter 15 (Removal of persons and entry of premises and places) confers various ancillary powers on persons who exercise functions under this section.