CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 113
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 113
113 . Prerequisites for exercise of power
(1) A power conferred
by this Division may be exercised by an authorised officer only if —
(a) the
child concerned —
(i)
is in the CEO’s care; or
(ii)
is being moved, or has been moved, to a safe place under
section 41;
and
(b) the
authorised officer believes on reasonable grounds that, unless the power is
exercised, the child concerned is likely to —
(i)
endanger the health or safety of the child or another
person; or
(ii)
cause serious damage to property.
(2) A power conferred
by this Division may be exercised by a police officer only if —
(a) the
child concerned is being moved, or has been moved, to a safe place under
section 41 or to a secure care facility under a secure care arrangement; and
(b) the
police officer believes on reasonable grounds that, unless the power is
exercised, the child concerned is likely to —
(i)
endanger the health or safety of the child or another
person; or
(ii)
cause serious damage to property.
(3) A power conferred
by this Division may be exercised by an approved person only if —
(a) the
child concerned is in the CEO’s care; and
(b) the
approved person believes on reasonable grounds that, unless the power is
exercised, the child concerned is likely to —
(i)
endanger the health or safety of the child or another
person; or
(ii)
cause serious damage to property.
[Section 113 amended: No. 49 of 2010 s. 70.]