Victorian Current Acts Victorian Current ActsS. 598(1) amended by Nos 52/2013 s. 58(2), 37/2014 s. 10(Sch. item 18.18), 6/2018 s. 68(Sch. 2 item 20.11).
(1) If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit by the Secretary or by a police officer that—
(a) an undertaking entered into under section 530(2) has not been complied with; or
S. 598(1)(b) amended by Nos 37/2014 s. 10(Sch. item 18.18), 61/2014 s. 92.
(b) a child is absent without lawful authority or excuse from the place in which the child had been placed under an interim accommodation order or by the Secretary under section 173 or from the lawful custody of a police officer or other person; or
(c) a child or a child's parent or the person who has the care of a child is refusing to comply with a lawful direction of the Secretary under section 173 as to the placement of the child—
the magistrate may issue a search warrant for the purpose of having the child placed in emergency care.
S. 598(2) amended by No. 52/2013 s. 58(3).
(2) A child placed in emergency care under a warrant issued under subsection (1)(a) must be brought before the Court as soon as practicable and, in any event, within one working day after the child was placed in emergency care.
S. 598(3) amended by Nos 26/2012 s. 10, 52/2013 s. 58(4), 37/2014 s. 10(Sch. item 18.18).
(3) Despite anything to the contrary in this Act
but subject to subsection (2), a child placed in emergency care under this
section must be taken by the police officer who executed the warrant or
another police officer to the place specified in the warrant or, if no place
is so specified, to a place determined by the Secretary or, in the absence of
any such determination, to any place referred to in section 173.
Ch. 8 Pt 8.3A (Heading and s. 598A) inserted by No. 45/2017 s. 4.
Part 8.3A—Power of protective services officers to execute search warrants
S. 598A inserted by No. 45/2017 s. 4.