New South Wales Consolidated Acts

ADOPTION ACT 2000 - SECT 79B

79B Power of search for and removal of children in need of care and protection

(cf Children and Young Persons (Care and Protection) Act 1998 , section 233)

(1) The Secretary or a police officer may apply to an authorised officer for a search warrant if the Secretary or police officer has reasonable grounds for believing that--

(a) a child whom the Secretary has placed in some other person's care responsibility pursuant to section 79 (2), or

(b) a child the subject of an order in force under section 79 (2B) or 79A,

may be found in any premises.

(2) An authorised officer to whom such an application is made may issue a search warrant if satisfied that there are reasonable grounds for doing so.

(3) A search warrant authorises the person named in the warrant--

(a) to enter the premises (if any) specified in the warrant, and

(b) to search the premises (if any) or elsewhere, or at large, for the presence of the child referred to in subsection (1) (a) or (b), and

(c) to remove the child, and

(d) to return the child to, or to place the child in, the custody of the Secretary or the person having care responsibility for the child under section 79 (2), as the case requires.

(4) An application for a warrant or warrant may specify one or more addresses or other descriptions of premises. However, it is not necessary to specify an address or other description of premises in an application for a warrant or in a warrant.

(5) It is not necessary in any search warrant issued under this section to name any particular child.

(6) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(7) In this section,
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .