Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 28

28 Provisions of temporary assessment order

(1) The magistrate may make a temporary assessment order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances—

(a) authorising an authorised officer or police officer—

(i) to have contact with the child; and

(ii) if the magistrate is satisfied it is necessary to provide interim protection for the child while the investigation is carried out—to take the child into, or keep the child in, the chief executive’s custody while the order is in force;

(b) authorising the child’s medical examination or treatment;

Note—

Section 97 applies to the medical examination or treatment.

(c) directing a parent not to have contact (direct or indirect)—

(i) with the child; or

(ii) with the child other than when a stated person or a person of a stated category is present.

(2) In addition, the order may also authorise an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the magistrate is satisfied—

(a) entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and

(b) the entry is necessary for the effective enforcement of the order.

(3) On entering a place, an authorised officer or police officer may remain in the place for as long as the officer reasonably considers necessary for exercising the officer’s powers under this section.

(4) An authorised officer or police officer may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.