Education and Children's Services Act 2019
Part 12Authorised officers
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Part 12—Authorised officers 126—Authorised officers (1) The following persons are authorised officers for the purposes of this Act: (a) the Chief Executive; (b) police officers; (c) employees of the Department authorised by the Chief Executive as an authorised officer. (2) An authorisation under subsection (1)(c) may be made subject to conditions or limitations specified in the instrument of authorisation. (3) An authorised officer referred to in subsection (1)(c) must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer under this Act. (4) If the powers of an authorised officer referred to in subsection (1)(c) have been limited by conditions, the identity card issued to the officer must indicate those limitations. (5) An authorised officer (other than a police officer in uniform) must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for inspection their identity card or other evidence of their authority. (6) The Chief Executive may, by notice in writing, vary or revoke the authorisation, or a condition or limitation of the authorisation, of an authorised officer referred to in subsection (1)(c) on any grounds the Chief Executive thinks fit. 127—Powers of authorised officers (1) If an authorised officer observes a person in a public place who appears to the officer to be a child of compulsory school age or a child of compulsory education age at a time when such a child should normally be attending school or participating in an approved learning program (as the case requires), the officer may require the child to provide— (a) their name, address and age; and (b) details of the school or approved learning program (if any) in which they are enrolled; and (c) the reason for their non‑attendance at school or non‑participation in an approved learning program. (2) If a child referred to in subsection (1) is in the company of a person apparently over the age of 18 years, the authorised officer may require that person to provide the authorised officer with the information referred to in that subsection. (3) If an authorised officer who is a police officer is of the opinion that a child referred to in subsection (1) does not have a proper reason for being absent from school or for not participating in an approved learning program (as the case requires), the authorised officer may take the child into custody and return the child— (a) to a person in authority at the school or approved learning program in which the child is enrolled; or (b) to a person responsible for the child. (4) An authorised officer may at any time attend at residential premises and require any person in the premises to provide the officer with— (a) the full name of each child of compulsory school age and compulsory education age who resides in the premises; and (b) the age of each such child; and (c) the school or approved learning program (if any) in which each such child is enrolled. 128—Offence to hinder etc authorised officers A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) when required by an authorised officer under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (d) falsely represents, by words or conduct, that they are an authorised officer, is guilty of an offence.