NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
80EApplications for DECCD access orders by telephone
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#### 80E Applications for DECCD access orders by telephone
80E Applications for DECCD access orders by telephone
> > (1) An application for a DECCD access order may be made by telephone if it is not practicable for the application to be made—
> >
> > > (a) in person under section 80C, or
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> > > (b) by email or in another way under section 80D.
> >
> > Note—
> >
> > Telephone includes radio, facsimile and any other communication device.
>
> > (2) An eligible Judge must not issue a DECCD access order on an application made by telephone unless the judge is satisfied—
> >
> > > (a) the DECCD access order is required urgently, and
> >
> > > (b) it is not practicable for the application to be made in person under section 80C or by email or in another way under section 80D.
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> > (3) If it is not practicable for an application for a DECCD access order to be made by telephone directly to an eligible Judge, the application may be transmitted to the judge by another person on behalf of the applicant.
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> > (4) An eligible Judge who issues a DECCD access order on an application made by telephone must—
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> > > (a) complete and sign the DECCD access order, and
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> > > (b) either—
> > >
> > > > (i) give the DECCD access order to the person who made the application, or
> > >
> > > > (ii) inform the person of the terms of the DECCD access order and the date and time when it was signed
>
> > (5) If a DECCD access order is issued on an application made by telephone and the applicant was not given the DECCD access order, the applicant must—
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> > > (a) complete a form of DECCD access order in the terms indicated by the judge under subsection (4), and
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> > > (b) write on the form—
> > >
> > > > (i) the name of the judge, and
> > >
> > > > (ii) the date and time the DECCD access order was signed.
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> > (6) A form of DECCD access order completed under subsection (5) is taken to be a DECCD access order issued in accordance with this Act.
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> > (7) A DECCD access order must be given by an eligible Judge by email, if the facilities to do so are readily available, and the emailed copy is taken to be the original document.
>
> **s 80E:** Ins 2022 No 46, Sch 3\[2\]. Am 2025 No 61, Sch 2.58\[8\]–\[10\].