South Australian Current Acts South Australian Current Acts (1) Where a senior
police officer suspects on reasonable grounds—
(a) that
an occupant of premises has died and his or her body is in the premises; or
(b) that
an occupant of premises is in need of medical or other assistance,
the officer may authorise a police officer to enter the premises for the
purpose of investigating the matter and taking such action as the
circumstances of the case may require.
(1a) Where a senior
police officer suspects on reasonable grounds that—
(a) a
high risk missing person; or
(b)
information that may assist in locating a high risk missing person,
may be in or on specified premises, a specified vehicle or vessel, or other
specified place, the officer may authorise a police officer to enter the
premises, vehicle, vessel or place for the purpose of investigating the matter
and taking such action as the circumstances of the case may require.
(2) An authorisation
under subsection (1) or (1a) must be in writing unless the authorising
officer has reason to believe that in the circumstances urgent action is
required, in which case, the authorisation may be given orally.
(2a) An authorisation
under subsection (1a) remains in force—
(a) for
a period of 48 hours; or
(b)
until the high risk missing person is located; or
(c) the
authorisation is revoked by a senior police officer,
whichever is the sooner.
(3) Where a person has
died and the Commissioner considers it necessary or desirable to do so,
the Commissioner may issue to a police officer a warrant in the prescribed
form authorising the officer to enter the premises in which the person last
resided before death and—
(a)
search the premises for material that might identify or assist in identifying
the deceased or relatives of the deceased;
(b) take
property of the deceased into safe custody.
(4) A police officer
may, if necessary, exercise reasonable force for the purpose of obtaining
entry to premises, a vehicle or vessel, or other place, or carrying out a
search or investigation, under this section.
(4a) A police officer
may, in exercising powers under subsection (1a), be assisted by such
persons as the officer considers necessary or desirable in the circumstances
(provided that a person who is not a police officer may only provide
assistance at the direction of a police officer).
(4b) A police officer
may, in exercising powers under subsection (1a), take and use electricity
for that purpose.
(5) The Commissioner
is responsible for ensuring that a proper record is kept of property taken
under this section and must, if satisfied that a person has a proper interest
in the matter, allow that person to inspect the record.
(6) The Commissioner
must, as soon as practicable (but not later than three months) after each 30
June, submit a report to the Minister in relation to the year ended on that
30 June stating—
(a) the
number of authorisations and warrants granted under this section during that
year;
(b) the
nature of the grounds on which the authorisations and warrants were granted;
(c) the
type of property taken from premises pursuant to warrant under this section;
(d) any
other matters the Commissioner considers relevant.
(7) The Minister must
cause copies of a report under subsection (6) to be laid before both
Houses of Parliament within seven sitting days after receipt of the report if
Parliament is in session, or if Parliament is not then in session, within
seven sitting days after the commencement of the next session of Parliament.
(8) In determining
whether a missing person may suffer serious harm, a police officer may have
regard to any of the following matters:
(a) the
person's age;
(b) any
disability of the person attributable to a cognitive, intellectual,
neurological, physical or psychiatric impairment;
(c)
evidence the person may commit suicide;
(d) the
person's ability to interact safely with other persons or in an unfamiliar
environment;
(e) the
person's need for medication;
(f) an
addiction the person may have;
(g) the
person's recent behaviour that is out of character for the person;
(h)
whether the person is suspected of being the victim of a crime;
(i)
any history of domestic violence or other relationship
problems affecting the person;
(j) any
ongoing bullying or harassment of the person;
(k) a
previous disappearance or exposure to serious harm that affected the person;
(l)
whether the person is experiencing any financial problems;
(m) a
reason why the person may wish to go missing;
(n) if
the person is suspected of being lost within a particular area, the climate or
other environmental factors relevant to the area;
(o) any
suspicious circumstances relating to the person's disappearance.
(9) In this
section—
"high risk missing person" means a missing person in relation to whom 1 or
both of the following applies:
(a) the
missing person is under 14 years of age; or
(b) a
police officer reasonably suspects that the missing person may suffer
serious harm if not located quickly;
"missing person" means a person who is reported missing to police and
where—
(a)
their whereabouts are unknown; and
(b)
there are concerns for their safety and welfare,
(whether the person was reported missing, or the concerns for the safety and
welfare arose, before or after the commencement of this subsection);
"serious harm" means harm, including the cumulative effect of any harm,
that—
(a)
endangers, or is likely to endanger, a person's life; or
(b) is,
or is likely to be, significant and longstanding.