A WA parliamentary question seeks clarification on the powers of various departments, particularly the Department for Community Development, to enter private property without a warrant, focusing on child welfare matters under the Child Welfare Act of 1947.

AnsweredQoN 2043Legislative Assembly
Asked
17 September 2003
Portfolio
Community Development, Women's Interests, Seniors and Youth; Disability Services; Culture and the Arts

QuestionView source ↗

(b) without a warrant?

AnswerView source ↗

Answered
4 December 2003
Responded by
Minister for Community Development, Women's Interests, Seniors and Youth; Disability Services; Culture and the Arts
Response time
78 days
(b) other private property?
Department of Culture and the Arts (including ArtsWa and SRO) (1) – (3) Not applicable Art Gallery of Western Australia (1) – (3 Not applicable State Library of Western Australia (1) – (3) Not Applicable Perth Theatre Trust (1) – (3) Not applicable WA Museum (1) – (3) Not applicable ScreenWest (1) – (3) Not applicable Department for Community Development (1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
Art Gallery of Western Australia (1) – (3 Not applicable State Library of Western Australia (1) – (3) Not Applicable Perth Theatre Trust (1) – (3) Not applicable WA Museum (1) – (3) Not applicable ScreenWest (1) – (3) Not applicable Department for Community Development (1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
State Library of Western Australia (1) – (3) Not Applicable Perth Theatre Trust (1) – (3) Not applicable WA Museum (1) – (3) Not applicable ScreenWest (1) – (3) Not applicable Department for Community Development (1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
Perth Theatre Trust (1) – (3) Not applicable WA Museum (1) – (3) Not applicable ScreenWest (1) – (3) Not applicable Department for Community Development (1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
WA Museum (1) – (3) Not applicable ScreenWest (1) – (3) Not applicable Department for Community Development (1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
ScreenWest (1) – (3) Not applicable Department for Community Development (1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
Department for Community Development (1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
(1a) Sections 67 and 146A of the Child Welfare Act of 1947. (1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
(1b) Without a warrant, the permission of the property owner is required. (2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
(2) Section 146A: where there is reasonable ground for suspecting that a child is in need of care and protection. Section 67: where there is reasonable ground for suspecting that a ward, a child placed under the control of the Department or a child apprehended under section 29(1) is absent or has been taken, without lawful authority, from a situation in which they have been placed at the requirement of the Director General or the court. (3 a & b) There is no difference.
(3 a & b) There is no difference.

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