• Specific Year
    Any

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 41

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 41

41 .         Power to move child to safe place

        (1)         In this section —

        appropriate person , in relation to a child, means —

            (a)         a parent of the child; or

            (b)         an adult, other than a parent of the child, who is a member of the child’s family; or

            (c)         an adult, other than a parent or other member of the child’s family, with whom the child usually lives;

        officer means an authorised officer or a police officer.

        (2)         An officer may move a child to a safe place if the officer finds the child at a place other than the child’s usual place of residence and the officer believes on reasonable grounds —

            (a)         that the child is not under the immediate supervision of a parent of the child or an adult capable of adequately supervising the child; and

            (b)         that —

                  (i)         there is a risk to the wellbeing of the child because of the nature of the place where the child is found, the behaviour or vulnerability of the child at that place, or any other circumstance; or

                  (ii)         the child is an absentee student as defined in the School Education Act 1999 section 32.

        (3)         Subsection (2) does not authorise an officer to move a child to —

            (a)         a lock-up (including a place that is prescribed as a lock-up for the purposes of the Court Security and Custodial Services Act 1999 ); or

            (b)         a secure care facility.

        (4)         An officer does not need a warrant to exercise the power in subsection (2).

        (5)         When exercising the power in subsection (2) an officer may use reasonable force and assistance.

        (6)         If, in the exercise of the power in subsection (2), an officer moves a child to a place other than the child’s usual place of residence or school, the officer must immediately —

            (a)         cause reasonable steps to be taken to contact an appropriate person and inform that person —

                  (i)         that the child has been moved to a safe place; and

                  (ii)         of the location of that place;

and

            (b)         if the officer is a police officer, cause the CEO to be informed of the matters mentioned in paragraph (a)(i) and (ii).

        (7)         If an appropriate person is contacted under subsection (6), an officer must immediately cause arrangements to be made for the child to be placed in, or returned to, the care of that person.

        (8)         If an appropriate person cannot be contacted under subsection (6), an officer must immediately cause arrangements to be made for the care of the child until the child is placed in, or returned to, the care of an appropriate person or otherwise dealt with under this Part.

        Note for this section:

                Division 8 confers certain powers on authorised officers and police officers in relation to children moved to a safe place under this section.

        [Section 41 amended: No. 49 of 2010 s. 7; No. 23 of 2015 s. 33; No. 18 of 2021 s. 22.]