QLDIn ForceAct
Child Protection Act 1999
sec.31Order—procedure before entry
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### sec.31 Order—procedure before entry
This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary assessment order.
Before entering the place, the officer must do or make a reasonable attempt to do the following things—
identify himself or herself to a person present at the place who is an occupier of the place;
give the person—
a copy of the order so far as it relates to the entry and searching of the place; or
if the entry and searching is authorised by a duplicate order under section 30 (5) , a copy of the duplicate order so far as it relates to the entry and searching of the place;
tell the person the officer is permitted by the order to enter and search the place to find the child;
give the person an opportunity to allow the officer immediate entry to the place without using force.
For subsection (2) (a) , an authorised officer must produce the officer’s identity card to the person for inspection.
For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.
s 31 amd 2010 No. 33 s 24
(sec.31-ssec.1) This section applies if an authorised officer or police officer is intending to enter a place under an authority under a temporary assessment order.
(sec.31-ssec.2) Before entering the place, the officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place; give the person— a copy of the order so far as it relates to the entry and searching of the place; or if the entry and searching is authorised by a duplicate order under section 30 (5) , a copy of the duplicate order so far as it relates to the entry and searching of the place; tell the person the officer is permitted by the order to enter and search the place to find the child; give the person an opportunity to allow the officer immediate entry to the place without using force.
(sec.31-ssec.3) For subsection (2) (a) , an authorised officer must produce the officer’s identity card to the person for inspection. For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .
(sec.31-ssec.4) However, the officer need not comply with subsection (2) if the officer reasonably believes that immediate entry to the place is required to ensure the effective exercise of powers under the order is not frustrated.
- (a) identify himself or herself to a person present at the place who is an occupier of the place;
- (b) give the person— (i) a copy of the order so far as it relates to the entry and searching of the place; or (ii) if the entry and searching is authorised by a duplicate order under section 30 (5) , a copy of the duplicate order so far as it relates to the entry and searching of the place;
- (i) a copy of the order so far as it relates to the entry and searching of the place; or
- (ii) if the entry and searching is authorised by a duplicate order under section 30 (5) , a copy of the duplicate order so far as it relates to the entry and searching of the place;
- (c) tell the person the officer is permitted by the order to enter and search the place to find the child;
- (d) give the person an opportunity to allow the officer immediate entry to the place without using force.
- (i) a copy of the order so far as it relates to the entry and searching of the place; or
- (ii) if the entry and searching is authorised by a duplicate order under section 30 (5) , a copy of the duplicate order so far as it relates to the entry and searching of the place;