CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 87
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 87
87 . Apprehension without warrant in certain circumstances
(1) In this section
—
officer means an authorised officer or a police
officer.
(2) If an officer
suspects on reasonable grounds that —
(a) a
child is absent, or has been taken, without lawful authority from a place
where the child was living under a placement arrangement; and
(b)
there is —
(i)
an immediate or substantial risk to the wellbeing of the
child; or
(ii)
a significant likelihood that unless the child is
apprehended immediately the officer will not be able to find the child,
the officer may
apprehend the child and take the child to the place mentioned in paragraph (a)
or such other place as the CEO directs.
(3A) An officer may
apprehend a child and take the child to such place as the CEO directs if
—
(a) a
person has failed to comply with a requirement under section 84 to hand over
the child; and
(b) the
officer suspects on reasonable grounds that there is an immediate or
substantial risk to the wellbeing of the child.
(3) For the purposes
of subsection (2) or (3A) an officer may —
(a)
enter, at any time, any place where the officer reasonably believes the child
to be; and
(b)
search the place for the purpose of finding the child.
(4) An officer does
not need a warrant to exercise the powers in this section.
(5) When exercising a
power under this section an officer may use reasonable force and assistance.
(6) Without limiting
subsection (5), when exercising a power under this section an authorised
officer may be accompanied by a police officer.
[Section 87 amended: No. 23 of 2015 s. 36.]
[Heading inserted: No. 49 of 2010 s. 9.]