Introduced by: Tara Cheyne (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Issuing officers can now grant warrants to search people under 14 years old; they must consider the child's best interests before doing so.
Police cannot stop, search or detain a person under 14 years old unless they have a warrant, a court order, or meet specific safety and investigation criteria.
Police can stop or search a person under 14 without a warrant if they believe the person is at least 14; they can also do so to prevent serious harm or to find evidence of a crime committed by someone else.
Police must not detain a person under 14 longer than necessary to check their age, stop harmful conduct or ensure safety.
Issuing officers can now grant warrants or enter premises in emergencies to prevent physical injury to a person; previously these powers only applied to offences.
Spent convictions no longer stay hidden when someone applies for Working with Vulnerable People registration.
Issuing officers may require the applicant to notify the Public Advocate or the Aboriginal and Torres Strait Islander children and young people commissioner before searching a child under 14.
Police can keep a child under 14 in detention until they can be handed over to a parent, guardian, or appropriate agency.
Topics
ATSI background checks child protection child safety children's rights civil liberties criminal justice criminal records detention emergency entry Indigenous rights juvenile justice law enforcement police powers search and seizure search warrants vulnerable people youth justice youth rights +14 more