Western Australian Numbered Acts Western Australian Numbered Acts After Part 4
Division 5 Subdivision 2 insert:
Subdivision 3A — Secure care arrangements
In this
Subdivision —
protected child means a child who is the subject
of a protection order (time-limited) or protection order (until 18);
provisionally protected child means a child who is
in provisional protection and care.
(1) The Minister may,
by order published in the Gazette , declare a place to be a secure care
facility.
(2) The Minister may,
by order published in the Gazette , amend or cancel an order under
subsection (1).
(3) An order under
this section comes into operation on —
(a) the
day on which it is published in the Gazette ( publication day ); or
(b) if
it specifies a day that is later than publication day — the later
day.
(1) The CEO may from
time to time make an arrangement for the placement of a provisionally
protected child or a protected child in a secure care facility (a secure care
arrangement ).
(2) The CEO must not
make a secure care arrangement unless the CEO is satisfied that —
(a)
there is an immediate and substantial risk of the child causing significant
harm to the child or another person; and
(b)
there is no other suitable way to manage that risk and to ensure that the
child receives the care the child needs.
(3)
Subsection (2) does not apply in relation to a secure care arrangement if
the CEO is required to make the arrangement under an interim order (secure
care).
(4) The CEO may at any
time cancel a secure care arrangement unless it is a secure care arrangement
made or continued under an interim order (secure care).
(5) As soon as
practicable after making a decision under subsection (1) or (4), the CEO
must give written notice of the decision to the following people —
(a) the
child to whom the decision relates;
(b) each
parent of the child;
(c) any
carer of the child;
(d) any
other person considered by the CEO to have a direct and significant interest
in the wellbeing of the child.
88D. Period in secure care facility
(1) The period for
which a provisionally protected child is kept in a secure care facility under
a secure care arrangement must not exceed —
(a) if
the child is the subject of an interim order (secure care) — the
secure care period under that order; or
(b)
otherwise — 21 days.
(2) The period for
which a protected child is kept in a secure care facility under a secure care
arrangement must not exceed the secure care period under section 88F.
88E. Application for continuation order required
for provisionally protected child
(1) In this
section —
continuation order means an order under
section 133(2)(ca)(ii).
(2) This section
applies in relation to a provisionally protected child who —
(a) is
placed in a secure care facility under a secure care arrangement; and
(b) is
not, at the time of that placement, the subject of an interim order (secure
care).
(3) If the child is
not already the subject of protection proceedings but the CEO decides, or is
required, under Division 2 Subdivision 3 to make a protection
application in respect of the child, the CEO must make an application for a
continuation order in respect of the secure care arrangement when the CEO
makes the protection application, unless before then the arrangement is
cancelled.
(4) If the child is
already the subject of protection proceedings, the CEO must make an
application for a continuation order in respect of the secure care arrangement
as soon as practicable, but in any event not more than 2 working days,
after the child is placed in the secure care facility, unless before then the
arrangement is cancelled.
(5) If, on an
application under subsection (3) or (4), the Court refuses to make a
continuation order in respect of the secure care arrangement, the CEO must, as
soon as practicable after the refusal, cancel the arrangement and ensure that
the child is removed from the secure care facility.
88F. CEO to decide secure care period for
protected child
(1) As soon as
practicable after making a secure care arrangement in respect of a protected
child, the CEO must decide the period (the secure care period ) for which the
child is to be kept in a secure care facility under the arrangement.
(2) The secure care
period must not exceed 21 days unless it is extended under
subsection (3).
(3) The CEO may extend
the secure care period by not more than 21 days if the CEO is satisfied
that there are exceptional reasons for doing so.
(4) The secure care
period cannot be extended under subsection (3) more than once.
(5) As soon as
practicable after making a decision under subsection (1) or (3), the CEO
must give written notice of the decision to the following people —
(a) the
child to whom the decision relates;
(b) each
parent of the child;
(c) any
carer of the child;
(d) any
other person considered by the CEO to have a direct and significant interest
in the wellbeing of the child.
88G. Reconsideration of certain decisions
concerning protected child
(1) In this
section —
secure care decision means —
(a) a
decision under section 88C(1) to make a secure care arrangement for a
protected child; or
(b) a
decision under section 88F(1) as to the secure care period for a
protected child; or
(c) a
decision under section 88F(3) to extend the secure care period for a
protected child.
(2) An application for
the reconsideration of a secure care decision may be made to the CEO
by —
(a) the
child to whom the decision relates; or
(b) a
parent of the child; or
(c) any
carer of the child; or
(d) any
other person considered by the CEO to have a direct and significant interest
in the wellbeing of the child.
(3) The
application —
(a) must
be in writing; and
(b) must
set out the grounds on which reconsideration of the secure care decision is
sought.
(4) As soon as
practicable after receiving the application, the CEO must reconsider the
secure care decision and —
(a)
confirm, vary or reverse it; or
(b)
substitute another decision for it.
(5) The CEO must give
the applicant written notice of his or her decision under subsection (4)
and written reasons for it.
A person who is
aggrieved by a decision made by the CEO under section 88G(4) may apply to
the State Administrative Tribunal for a review of the decision.
88I. Requirements for care plan or provisional
care plan
(1) In this
section —
care plan has the meaning given in
section 89(1);
provisional care plan has the meaning given in
section 39(1).
(2) If —
(a) a
provisionally protected child is placed in a secure care facility under a
secure care arrangement; and
(b) at
the time of the placement a provisional care plan for the child has not been
prepared,
the CEO must prepare
the provisional care plan as soon as practicable, but in any event not more
than 2 working days, after the placement and must ensure that it meets
the requirements set out in subsection (5).
(3) If —
(a) a
provisionally protected child is placed in a secure care facility under a
secure care arrangement; and
(b) at
the time of the placement a provisional care plan for the child has been
prepared,
the CEO must modify
the provisional care plan as soon as practicable, but in any event not more
than 2 working days, after the placement so that it meets the
requirements set out in subsection (5).
(4) If a protected
child is placed in a secure care facility under a secure care arrangement, the
CEO must modify the care plan for the child as soon as practicable, but in any
event not more than 2 working days, after the placement so that it meets the
requirements set out in subsection (5).
(5) The requirements
for a care plan or provisional care plan are that it —
(a)
identifies the needs of the child in his or her transition to other living
arrangements after leaving the secure care facility; and
(b)
outlines steps or measures designed to address those needs and to reduce the
likelihood of the child being placed in a secure care facility again.
88J. Apprehension without warrant —
child absent from secure care facility
(1) In this
section —
officer means an authorised officer or a police
officer.
(2) If an officer
suspects on reasonable grounds that a child is absent, or has been taken,
without lawful authority from a secure care facility, the officer may
apprehend the child and take the child to the secure care facility or such
other place as the CEO directs.
(3) For the purposes
of subsection (2) an officer may —
(a)
enter, at any time, any place where the officer reasonably believes the child
to be; and
(b)
search the place for the purpose of finding the child.
(4) An officer does
not need a warrant to exercise the powers in this section.
(5) When exercising a
power under this section an officer may use reasonable force and assistance.
(6) Without limiting
subsection (5), when exercising a power under this section an authorised
officer may be accompanied by a police officer.