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CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 37 Access to child

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 37

Access to child

    (1)     For an investigation about a child under section 35 or 2007_Actc093.html#_Ref83798691">36 , the officer conducting the investigation may request a person mentioned in section 34 (2)(b) to (j) ( child-related authority ) to allow the officer:

    (a)     to have contact with the child; and

    (b)     to do so without informing the parents of the child.

    (2)     The officer may do so only if the officer reasonably believes:

    (a)     not to inform the parents is in the best interests of the child; or

    (b)     to inform the parents might compromise the investigation.

    (3)     The person must comply with the request.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (4)     It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.

    (5)     The officer must inform at least one of the parents of the contact and the reasons for it as soon as practicable after it has occurred.

    (6)     However, subsection (5) does not apply if:

    (a)     the officer reasonably believes:

        (i)     a person may be charged with an offence in relation to the child; and

        (ii)     complying with the subsection might compromise the investigation of the offence; or

    (b)     the officer reasonably believes complying with the subsection may expose the child to harm or exploitation; or

    (c)     the child has requested that the parents not be informed about the contact and the officer reasonably believes it is in the child's best interests to comply with the request.