Northern Territory Consolidated Acts

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COMMUNITY WELFARE ACT - SECT 11

Taking child in need of care into custody

11. Taking child in need of care into custody

(1) The Minister, an authorized person or a member of the Police Force may, where he or she believes on reasonable grounds that a child is in need of care and that no other action would ensure the adequate care of the child, take the child into custody.

(2) For the purposes of subsection (1), the Minister, an authorized person or member of the Police Force may, without warrant, enter a place where a child is or is reasonably believed to be located and, unless he or she is satisfied that adequate steps will be taken to ensure that the child will cease to be in need of care should the child remain at that place, remove the child, and may use such force as is reasonably necessary for those purposes.

(3) A person taking a child into custody under subsection (1) -

(a) subject to this Part, may have the child held in a place of safety for the period he or she considers appropriate; and

(b) must, not later than 48 hours after taking the child into custody, apply for a holding order under section 11A.

(4) [Omitted]

(5) A person taking a child into custody under subsection (1) or in charge of a hospital acting under section 15 shall, within 48 hours after so taking the child into custody or taking action under section 15, in writing, notify the Minister of the action taken.



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