NSWIn ForceAct
Children and Young Persons (Care and Protection) Act 1998
109BIssue of arrest warrant to compel attendance at proceedings
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#### 109B Issue of arrest warrant to compel attendance at proceedings
109B Issue of arrest warrant to compel attendance at proceedings
> > (1) The Children’s Court may, in accordance with Division 4, issue a warrant to arrest a person if it is satisfied that there are substantial reasons to do so and that it is in the interests of the safety, welfare or well-being of a child or young person with respect to whom proceedings before it are conducted to do so.
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> > (2) Without limiting the circumstances in which a warrant may be issued, it may be issued if—
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> > > (a) the person fails to attend as required by a care proceedings attendance notice, or
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> > > (b) the person is a child, young person or parent who absconds from any care proceedings with respect to the child or young person.
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> > (3) The police officer or other person executing the warrant is to bring the person before the Children’s Court as soon as possible after the arrest.
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> > (4) The Children’s Court may—
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> > > (a) in the case of an adult—if bail is not dispensed with or granted, issue a warrant of commitment in accordance with Division 5 committing the person to a correctional centre or other place of security, or
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> > > (b) in the case of a young person—if bail is not dispensed with or granted, issue a warrant of commitment in accordance with Division 5 committing the young person to a detention centre or other place of security, or
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> > > (c) in the case of a child—place the child in the care responsibility of the Secretary at a place approved by the Minister for the purposes of this section,
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> > and order the adult, young person or child to be brought before the Children’s Court at the date, time and place specified in the order.
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> > (5) Notice of the date, time and place set is to be given to each other party in the proceedings in accordance with the rules.
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> > (6) In this section—
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> > parent of a child or young person includes a birth parent, or an adoptive parent, of the child or young person who does not have parental responsibility for the child or young person.
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> **s 109B:** Ins 2005 No 93, Sch 1 \[8\] (am 2006 No 95, Sch 4.2). Am 2025 No 61, Sch 3.3\[2\] \[3\].