29Urgent powers in case of unlawful detention of persons in need of a guardian

### 29 Urgent powers in case of unlawful detention of persons in need of a guardian > > (1)  [*\[Section 29 Subsection (1) amended by No. 21 of 2023, s. 17, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS17@Hpb@EN) [*\[Section 29 Subsection (1) amended by No. 21 of 2023, s. 17, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS17@Hpa@EN) [*\[Section 29 Subsection (1) amended by No. 18 of 2021, s. 128, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS128@Hpd@EN) [*\[Section 29 Subsection (1) amended by No. 18 of 2021, s. 128, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS128@Hpc@EN) [*\[Section 29 Subsection (1) amended by No. 18 of 2021, s. 128, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS128@Hpb@EN) [*\[Section 29 Subsection (1) amended by No. 18 of 2021, s. 128, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS128@Hpa@EN) If the Tribunal has received information that a person who appears to be in need of a guardian – > > > > > > (a) is being unlawfully detained against his or her will; or > > > > > > > (b) is likely to suffer damage to his or her physical, emotional or mental health or well-being unless immediate action is taken – > > > > and the Tribunal considers it necessary to do so in order to secure access to that person, the Tribunal may empower the Public Guardian or some other person specified in the order to visit the person in the company of a police officer for the purpose of preparing a report for the Tribunal. > > > (2)  [*\[Section 29 Subsection (2) amended by No. 21 of 2023, s. 17, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS17@Hpc@EN) [*\[Section 29 Subsection (2) amended by No. 18 of 2021, s. 128, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS128@Hpe@EN) If, after receiving a report under [subsection (1)](#GS29@Gs1@EN) , the Tribunal is satisfied that the information referred to in [subsection (1)](#GS29@Gs1@EN) [(a)](#GS29@Gs1@Hpa@EN) or [(b)](#GS29@Gs1@Hpb@EN) is correct, the Tribunal may make an order enabling the person in need of a guardian to be taken to, and cared for at, a place specified in the order until an application under [section 19](#GS19@EN) is heard. > > > (3)  [*\[Section 29 Subsection (3) amended by No. 21 of 2023, s. 17, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS17@Hpd@EN) A police officer acting under an order made under [subsection (1)](#GS29@Gs1@EN) may, with such assistance as is necessary, use such force as is reasonably necessary to enter the premises where the person in need of a guardian is found. > > > (4)  Any person who delays or obstructs any person acting under an order under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.