South Australian Consolidated Acts South Australian Consolidated Acts (1) If the
Chief Executive—
(a)
suspects on reasonable grounds that a child is at risk; and
(b)
believes that the matters causing the child to be at risk are not being
adequately addressed,
the Chief Executive must cause an assessment of, or investigation into, the
circumstances of the child to be carried out or must effect an alternative
response which more appropriately addresses the potential or actual risk to
the child.
(2) For the purposes
of an investigation, the Chief Executive may, by notice in writing, require a
person who has examined, assessed, carried out tests on or treated the child,
or the agency for whom the person works, to furnish the Chief Executive with a
written report on the examination, assessment, tests or treatment.
(3) Subject to this
section, an authorised police officer may, for the purposes of assisting an
investigation under subsection (1), do all or any of the following:
(a)
enter or break into, remain in and search any premises or place;
(b)
seize any item that the officer believes on reasonable grounds may afford
evidence relevant to the investigation;
(c) take
photographs, films or videos;
(d)
require a person who may be in a position to furnish information relevant to
the investigation to answer any question put by the officer to the best of
that person's knowledge, information or belief.
(4) The powers under
subsection (3) can only be exercised on the authority of a warrant issued
by a magistrate except if—
(a)
entry to the premises or place has been refused or cannot be gained; and
(b) the
police officer believes on reasonable grounds that the delay that would ensue
as a result of applying for a warrant would prejudice the investigation and
the safety of the child to whom the investigation relates.
(5) An
authorised police officer may be accompanied by such other police officers or
employees of the Department while exercising powers under this section as may
be necessary or desirable in the circumstances.
(6) Subject to
subsection (7), a person must not refuse or fail to comply with a
requirement under this section.
Maximum penalty: $2 500 or imprisonment for 6 months.
(7) A person is not
required—
(a) to
provide information that is privileged on the ground of legal professional
privilege; or
(b) to
answer a question if the answer to the question would incriminate the person
of an offence.
(8) An application for
the issue of a warrant under this section may be made personally or by
telephone.
(9) A magistrate must
not issue a warrant under this section unless satisfied on information given
on oath, personally or by affidavit, that there are reasonable grounds for the
issue of a warrant.
(10) An application
must not be made by telephone unless the applicant is of the opinion that the
warrant is urgently required and there is insufficient time to make the
application personally.
(11) The following
provisions apply in relation to an application made by telephone:
(a) the
applicant must inform the magistrate of his or her name and rank and the
magistrate, on receiving that information, is entitled to assume, without
further inquiry, that the applicant has the authority to make the application;
(b) the
applicant must inform the magistrate of the grounds on which the issue of the
warrant is sought;
(c) if
it appears to the magistrate from the information furnished by the applicant
that there are proper grounds for the issue of the warrant, the magistrate
must inform the applicant of the facts that, in the magistrate's opinion,
justify the issue of the warrant and must not proceed to issue the warrant
unless the applicant undertakes to make an affidavit verifying those facts;
(d) if
the applicant gives such an undertaking, the magistrate may then make out and
sign a warrant, noting on the warrant the facts that justify, in his or her
opinion, the issue of the warrant;
(e) the
warrant will be taken to have been issued when signed by the magistrate;
(f) the
magistrate must inform the applicant of the terms of the warrant;
(g) the
applicant must, as soon as practicable after the issue of the warrant forward
to the magistrate an affidavit in accordance with his or her undertaking.
(12) A magistrate by
whom a warrant is issued under this section must file the warrant, or a copy
of it, and any supporting affidavit in the Youth Court.
(13) A person who is
required to answer a question or furnish a report under this section does not,
insofar as he or she has acted in good faith, incur any civil liability in
complying with the requirement.