Section 51Part 5 — PROTECTION OF CHILDREN
Powers to assist in discovery of children who may be in need of emergency protection
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Where it appears to a court making an emergency protection order that adequate information as to the child's whereabouts —
is not available to the Department for the order; but
is available to another person,
A person shall not be excused from complying with a requirement under subsection (1) on the ground that complying might incriminate him or his spouse of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.
An emergency protection order may authorise an officer of the Department to enter premises specified by the order and search for the child with respect to whom the order is made.
Where the court is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, it may make an order authorising the applicant to search for that other child on those premises.
Where —
an order has been made under subsection (4);
the child concerned has been found on the premises; and
the Department is satisfied that the grounds for making an emergency protection order exist with respect to him,
Where an order has been made under subsection (4), the Department shall notify the court of its effect.
A person commits an offence if he intentionally obstructs any person exercising the power of entry and search under subsection (3) or (4).
A person who commits an offence under subsection (7) is liable on summary conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both.
Where, on an application made by the Department for a warrant under this section, it appears to the court —
that a person attempting to exercise powers under an emergency protection order has been prevented from doing so by being refused entry to the premises concerned or access to the child concerned; or
that any such person is likely to be so prevented from exercising any such powers,
Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if —
that person so desires; and
the court by whom the warrant is issued does not direct otherwise.
A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered health practitioner.
An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.
Wherever it is reasonably practicable to do so, an order under subsection (4), an application for a warrant under this section and any such warrant shall name the child; and where it does not name him it shall describe him as clearly as possible.