Care and protection of children Flashcards
Before moving a child to a safe place there are several conditions that the authorized officer must consider. What are they?
Application
This Subdivision applies to a child if:
(a) the child is found at a place other than the child’s usual place of residence; and
(b) the child is not under the direct supervision of:
(i) a parent of the child; or
(ii) a family member of the child; or
(iii) an adult capable of adequately supervising the child; and
(c) an authorised officer:
(i) does not believe the child is in need of protection; but
(ii) having regard to the circumstances in which the child is found – reasonably believes there is a risk to the wellbeing of the child if the child is not removed from the place.
15 Harm to child
(1) Harm to a child is any significant detrimental effect caused by any act, omission or circumstance on:
(a) the physical, psychological or emotional wellbeing of the child; or
(b) the physical, psychological or emotional development of the child.
(2) Without limiting subsection (1), harm can be caused by the following:
(a) physical, psychological or emotional abuse or neglect of the child;
(b) sexual abuse or other exploitation of the child;
(c) exposure of the child to physical violence.
Example
A child witnessing violence between the child’s parents at home.
16 Exploitation of child
(1) Exploitation of a child includes sexual and any other forms of exploitation of the child.
(2) Without limiting subsection (1), sexual exploitation of a child includes:
(a) sexual abuse of the child; and
(b) involving the child as a participant or spectator in any of the following:
(i) an act of a sexual nature;
(ii) prostitution;
(iii) a pornographic performance.
20 When child is in need of care and protection
A child is in need of care and protection (child is in need of protection) if:
(a) the child has suffered or is likely to suffer harm or exploitation because of an act or omission of a parent of the child; or
(b) the child is abandoned and no family member of the child is willing and able to care for the child; or
(c) the parents of the child are dead or unable or unwilling to care for the child and no other family member of the child is able and willing to do so; or
(d) the child is not under the control of any person and is engaged in conduct that causes or is likely to cause harm to the child or other persons.
55 Object of Subdivision
The object of this Subdivision is to empower an authorised officer to take action, on a temporary basis and only in limited circumstances, to remove a child from a place where the wellbeing of the child is at risk.
56 Application
This Subdivision applies to a child if:
(a) the child is found at a place other than the child’s usual place of residence; and
(b) the child is not under the direct supervision of:
(i) a parent of the child; or
(ii) a family member of the child; or
(iii) an adult capable of adequately supervising the child; and
(c) an authorised officer:
(i) does not believe the child is in need of protection; but
(ii) having regard to the circumstances in which the child is found – reasonably believes there is a risk to the wellbeing of the child if the child is not removed from the place.
57 Authorised officer may move child
(1) The officer may apprehend the child.
(1A) For the purpose of doing so, the officer may enter the place where the child is found.
(1B) If the officer apprehends the child, the officer must:
(a) return the child to the child’s usual place of residence; or
(b) if it is not practicable or appropriate to do so:
(i) move the child to a safe place; and
(ii) keep the child at the safe place; and
(iii) make any arrangement for the care and protection of the child at the safe place.
(2) The officer may use any reasonable force or assistance in acting under subsections (1) to (1B).
(3) The child may be cared for at the safe place until the resumption of the care of the child by a person (a responsible person) who has daily care and control of the child.
(4) The officer must, as soon as practicable after moving the child:
(a) take all necessary steps to inform a responsible person about moving the child; and
(b) if the officer is a police officer – inform the CEO about moving the child.
(5) The exercise of the officer’s powers under subsections (1) to (1B) does not:
(a) affect any power, right or responsibility of a responsible person in relation to the child; or
(b) prevent the officer or any other person from holding, at a later time, the belief that the child is in need of protection.
(6) In this section:
safe place:
(a) includes:
(i) a place where the child may be temporarily kept for the child’s safety (including a Part of a police station not normally used to detain a person); and
(ii) a place specified by regulation; but
(b) does not include a custodial correctional facility (as defined in section 11(1)(a) of the Correctional Services Act), lockup or any other place that a person may be remanded in custody.
59 Restraint
(1) An authorised officer may restrain the child if the officer reasonably believes it is necessary to do so to prevent the child from:
(a) being harmed; or
(b) harming others.
(2) The officer may do so by using any reasonable force or assistance.
60 Search
(1) An authorised officer may search the child (including anything found on or with the child) if the officer reasonably believes it is necessary to do so to prevent the child from:
(a) being harmed; or
(b) harming others.
(2) Without limiting subsection (1), the officer may search for any of the following:
(a) a firearm as defined in section 3 of the Firearms Act;
(b) a controlled weapon, offensive weapon or prohibited weapon as defined in section 3 of the Weapons Control Act;
(c) a dangerous drug as defined in section 3 of the Misuse of Drugs Act;
(d) alcohol;
(e) any other drug or substance capable of intoxicating a person.
(3) If the officer reasonably believes it is necessary to do so in the circumstances, the officer may designate another person:
(a) to conduct the search; or
(b) to assist the officer in conducting the search.
(4) The designated person must conduct the search or provide the assistance in accordance with any reasonable directions of the officer.
(5) The officer or designated person conducting the search must be someone who is of the same gender as the child.
(7) The officer or designated person may use any reasonable force or assistance in acting under this section.
(8) However, this section does not authorise a search that involves the removal of the child’s clothing or an examination of the child’s body cavities.
61 Seizure
(1) An authorised officer may seize anything found on or with the child if the officer reasonably believes it is necessary to do so to prevent the child from:
(a) being harmed; or
(b) harming others.
(2) The officer may do so by using any reasonable force or assistance.
(3) An authorised officer (other than a police officer) who seizes a thing mentioned in section 60(2)(a), (b) or (c) must, as soon as practicable after seizing the thing, deliver it to a police officer.
(4) An authorised officer may, in accordance with the regulations, destroy or otherwise dispose of anything seized under this section to prevent the child from:
(a) being harmed; or
(b) harming others.
62 Recording and reporting
An authorised officer must, as soon as practicable after exercising a power under this Subdivision :
(a) record the exercise of the power; and
(b) if the officer is a police officer – give the CEO a report about the exercise of the power.
304 Authorised officers
(1) An authorised officer is:
(a) a person appointed by the CEO as an authorised officer; or
(b) a police officer.
(2) An authorised officer appointed under subsection (1)(a) has the powers and functions of an authorised officer under this Act as specified in the appointment.
(3) A police officer has the powers and functions of an authorised officer under sections 35(3), 37, 38, 52, 56 to 64, 84, 85 and 108.
Note
A police officer may exercise certain powers under this Act as a police officer and not as an authorised officer, see, for example, sections 33 and 36.
