WA Child Protection and the Children and Community Services Act 2004

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What is section 37 of the Children and Community Services Act 2004 (WA)? Relating to child protection.

 

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Western Australian Legislation - Children and Community Services Act 2004 - Home Page

section 37. Taking child into provisional protection and care without warrant in certain circumstances

In this section —officer means an authorised officer or a police officer.

An officer may, at any time, take a child into provisional protection and care if the officer suspects on reasonable grounds that there is an immediate and substantial risk to the child’s wellbeing.

For the purposes of subsection (2) the officer may —

1. (a) enter, at any time, any place where the officer suspects the child to be; and
   
   
2. (b) search the place for the purpose of finding the child.

As soon as practicable after a police officer takes a child into provisional protection and care under this section, the police officer must notify the CEO, in a manner approved by the CEO, of his or her action and the reasons for it.

An officer does not need a warrant to exercise the powers in this section.

When exercising a power in this section an officer may use reasonable force and assistance.