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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 109B

Issue of arrest warrant to compel attendance at proceedings

109B Issue of arrest warrant to compel attendance at proceedings

(1) The Children's Court may, in accordance with Division 4, issue a warrant to arrest a person if it is satisfied that there are substantial reasons to do so and that it is in the interests of the safety, welfare or well-being of a child or young person with respect to whom proceedings before it are conducted to do so.
(2) Without limiting the circumstances in which a warrant may be issued, it may be issued if:
(a) the person fails to attend as required by a care proceedings attendance notice, or
(b) the person is a child, young person or parent who absconds from any care proceedings with respect to the child or young person.
(3) The police officer or other person executing the warrant is to bring the person before the Children's Court, or if this is not practicable before a Registrar, as soon as possible after the arrest.
(4) The Children's Court or Registrar may:
(a) in the case of an adult--if bail is not dispensed with or granted, issue a warrant of commitment in accordance with Division 5 committing the person to a correctional centre or other place of security, or
(b) in the case of a young person--if bail is not dispensed with or granted, issue a warrant of commitment in accordance with Division 5 committing the young person to a detention centre or other place of security, or
(c) in the case of a child--place the child in the care responsibility of the Secretary at a place approved by the Minister for the purposes of this section,
and order the adult, young person or child to be brought before the Children's Court at the date, time and place specified in the order.
(5) Notice of the date, time and place set is to be given to each other party in the proceedings in accordance with the rules.
(6) In this section:

"parent" of a child or young person includes a birth parent, or an adoptive parent, of the child or young person who does not have parental responsibility for the child or young person.



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