New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 233

Power of search for and removal of children and young persons in need of care and protection

233 Power of search for and removal of children and young persons in need of care and protection

(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:
(a) that there is in any premises a child or young person at risk of serious harm, or
(b) that a person on whom a notice has been served under section 173 (Medical examination of children in need of care and protection) has failed to comply with the requirement contained in the notice, or
(c) that a person the subject of an order in force under section 232 may be found in any premises.
(2) An authorised officer to whom such an application is made may issue a search warrant:
(a) in the case of an application under subsection (1) (a), if satisfied on reasonable grounds:
(i) that a child or young person is or may be at risk of serious harm, and
(ii) that the making of an apprehended violence order would not be sufficient to protect the child or young person from that risk, or
(b) in the case of an application under subsection (1) (b) or (c), if satisfied that there are reasonable grounds for doing so.
(3) A search warrant authorises the person named in the warrant:
(a) in the case of a warrant issued following an application under subsection (1) (a):
(i) to enter such premises, if any, as may be specified in the warrant, and
(ii) to search those premises for the presence of the child or young person, and
(iii) to remove the child or young person from those premises or from any place, or
(b) in the case of a warrant issued following an application under subsection (1) (b):
(i) to enter the premises (if any) specified in the warrant, and
(ii) to search the premises (if any) or elsewhere, or at large, for the presence of the child the subject of the notice under section 173 (1), and
(iii) to remove the child, and
(iv) to present the child to a medical practitioner under section 173 (3), or
(c) in the case of a warrant issued following an application under subsection (1) (c):
(i) to enter the premises (if any) specified in the warrant, and
(ii) to search the premises (if any) or elsewhere, or at large, for the presence of the person the subject of the order in force under section 232, and
(iii) to remove the person, and
(iv) to return the person to, or to place the person in, the custody of the custodian specified in the order in force under section 232 in respect of the person.
(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 or young person.



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