19Assistance by police officer

### 19 Assistance by police officer > > (1)  If the Secretary considers it necessary or appropriate, the Secretary may obtain the assistance of the Commissioner of Police in carrying out the assessment of the circumstances of a child. > > > (2)  The Commissioner of Police may give assistance to the Secretary by assigning police officers to assist the Secretary as allowed by this section. > > > (3)  For the purposes of an assessment, a police officer assisting the Secretary may, after obtaining a warrant, do one or more of the following: > > > > > > (a) enter or break into, remain in and search any premises or place; > > > > > > > (b) seize and remove any item that the officer believes on reasonable grounds may afford evidence relevant to the assessment; > > > > > > > (c) take photographs, films or videos; > > > > > > > (d) require a person who may be in a position to provide information relevant to the assessment to answer any question to the best of that person's knowledge, information or belief. > > > (3A)  [*\[Section 19 Subsection (3A) inserted by No. 64 of 2013, s. 9, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2013-064#GS9@EN) A magistrate may issue a warrant for the purposes of [subsection (3)](#GS19@Gs3@EN) if the magistrate is satisfied that – > > > > > > (a) reasonable steps have been taken to obtain the consent of the occupier of the premises or place to the exercise of the powers referred to in that subsection and those steps have been unsuccessful; or > > > > > > > (b) there are reasonable grounds for concern for the safety of the child. > > > (4)  A police officer assisting the Secretary may, even if he or she has not obtained a warrant, exercise the powers specified in [subsection (3)](#GS19@Gs3@EN) if – > > > > > > (a) entry to the premises or place has been refused or cannot be gained; and > > > > > > > (b) the police officer believes on reasonable grounds that the delay that would ensue as a result of applying for a warrant would prejudice the assessment or the safety of the child whose circumstances are being assessed. > > > (5)  A police officer assisting the Secretary may be accompanied by such other police officers or employees of the Department while exercising powers under this section as may be necessary or desirable. > > > (6)  A person must not refuse or fail to comply with a requirement made under [subsection (3)(d)](#GS19@Gs3@Hpd@EN) . > > > > Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both. > > > (7)  Despite [subsection (6)](#GS19@Gs6@EN) , a person is not required to answer a question if – > > > > > > (a) the answer would provide information that is privileged on the ground of legal professional privilege; or > > > > > > > (b) the answer would incriminate the person of an offence. > > > (8)  A person who is required to answer a question under this section does not incur any liability in doing so if the person acts in good faith. > > > (9)  If an item is seized under [subsection (3)](#GS19@Gs3@EN) , the Commissioner of Police or the Secretary may retain the item until the assessment is complete and any proceedings arising out of the assessment are finalised.