QLDIn ForceAct
Child Protection Act 1999
sec.51AFProvisions of temporary custody order
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### sec.51AF Provisions of temporary custody order
The magistrate may make a temporary custody order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances—
authorising an authorised officer or police officer—
to have contact with the child; and
to take the child into, or keep the child in, the chief executive’s custody while the order is in force;
authorising the child’s medical examination or treatment;
Section 97 applies to the medical examination or treatment.
directing a parent not to have contact (direct or indirect)—
with the child; or
with the child other than when a stated person or a person of a stated category is present.
In addition, the order may 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—
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
the entry is necessary for the effective enforcement of the order.
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.
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.
s 51AF ins 2010 No. 33 s 31
(sec.51AF-ssec.1) The magistrate may make a temporary custody order for the child that provides for any 1 or more of the following the magistrate considers to be appropriate in the circumstances— authorising an authorised officer or police officer— to have contact with the child; and to take the child into, or keep the child in, the chief executive’s custody while the order is in force; authorising the child’s medical examination or treatment; Section 97 applies to the medical examination or treatment. directing a parent not to have contact (direct or indirect)— with the child; or with the child other than when a stated person or a person of a stated category is present.
(sec.51AF-ssec.2) In addition, the order may 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— 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 the entry is necessary for the effective enforcement of the order.
(sec.51AF-ssec.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.
(sec.51AF-ssec.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.
- (a) authorising an authorised officer or police officer— (i) to have contact with the child; and (ii) to take the child into, or keep the child in, the chief executive’s custody while the order is in force;
- (i) to have contact with the child; and
- (ii) 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.
- (i) with the child; or
- (ii) with the child other than when a stated person or a person of a stated category is present.
- (i) to have contact with the child; and
- (ii) to take the child into, or keep the child in, the chief executive’s custody while the order is in force;
- (i) with the child; or
- (ii) with the child other than when a stated person or a person of a stated category is present.
- (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.