sec.392Parent and particular chief executives to be advised of arrest or service of notice to appear

### sec.392 Parent and particular chief executives to be advised of arrest or service of notice to appear A police officer who arrests a child must promptly advise the persons mentioned in subsection (3) of the arrest and whereabouts of the child. A police officer who has served a notice to appear on a child must promptly advise the persons mentioned in subsection (3) of the service of the notice to appear. The persons to be notified are— a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries; and the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility; and if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility. If no parent of the child can be contacted after making all reasonable inquiries, a police officer must make a record of the inquiries made. Subsections (1) , (2) and (4) do not apply in relation to a child if a police officer believes on reasonable grounds that the child is an adult. In deciding whether the police officer had the reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest or service of the notice. In this section— parent — means a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and includes a person who is apparently a parent of a child. s 392 (prev s 186) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 11 sub 2002 No. 39 s 177 amd 2005 No. 17 s 10 ; 2019 No. 23 s 42 (sec.392-ssec.1) A police officer who arrests a child must promptly advise the persons mentioned in subsection (3) of the arrest and whereabouts of the child. (sec.392-ssec.2) A police officer who has served a notice to appear on a child must promptly advise the persons mentioned in subsection (3) of the service of the notice to appear. (sec.392-ssec.3) The persons to be notified are— a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries; and the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility; and if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility. (sec.392-ssec.4) If no parent of the child can be contacted after making all reasonable inquiries, a police officer must make a record of the inquiries made. (sec.392-ssec.5) Subsections (1) , (2) and (4) do not apply in relation to a child if a police officer believes on reasonable grounds that the child is an adult. (sec.392-ssec.6) In deciding whether the police officer had the reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest or service of the notice. (sec.392-ssec.7) In this section— parent — means a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and includes a person who is apparently a parent of a child. - (a) a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries; and - (b) the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility; and - (c) if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility. - (a) means a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and - (b) includes a person who is apparently a parent of a child.