CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 88J

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 88J

88J .         Apprehension without warrant of child absent from secure care facility

        (1)         In this section —

        officer means an authorised officer or a police officer.

        (2)         If an officer suspects on reasonable grounds that a child is absent, or has been taken, without lawful authority from a secure care facility, the officer may apprehend the child and take the child to the secure care facility or such other place as the CEO directs.

        (3)         For the purposes of subsection (2) 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 88J inserted: No. 49 of 2010 s. 9.]

        [Heading inserted: No. 18 of 2021 s. 35.]

[ 88.         Deleted: No. 18 of 2021 s. 36.]