Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) If the chief executive considers it necessary or desirable, he or she may get the assistance of the commissioner of police in carrying out a child protection appraisal or a special assessment.
(2) The commissioner of police must give assistance to the chief executive by assigning police officers to assist the chief executive as allowed by this section.
(3) For an assessment, a police officer assisting the chief executive may, after getting a warrant, do 1 or more of the following:
(a) enter or break into, remain in and search any premises or place;
(b) seize and remove an item that the officer reasonably believes may afford evidence relevant to the assessment;
(c) take photographs or audio or video recordings, or make sketches, of anything relevant to the assessment;
(d) require a person who may be in a position to provide information relevant to the assessment to answer a question to the best of that person's knowledge, information or belief.
(4) A police officer assisting the chief executive may exercise the powers stated in subsection (3) even if the police officer has not got a warrant, if the police officer reasonably believes that the delay that would follow as a result of getting a warrant would prejudice the assessment or the safety of a child or young person.
(5) A police officer assisting the chief executive may be accompanied by such other police officers or authorised people while exercising powers under this section as are reasonable or necessary.
(6) A person must not, without reasonable excuse, contravene a requirement made under paragraph (3) (d).
Penalty: 50 penalty units.
(7) A person who refuses to answer a question required to be answered under paragraph (3) (d) has a reasonable excuse for refusing if the answer would—
(a) provide information that is privileged on the ground of legal professional privilege; or
(b) incriminate, or tend to incriminate, the person.
(8) A person who is required to answer a question under this section does not incur liability in doing so if the person acts in good faith.
(9) If an item is seized while exercising a power under subsection (4), the commissioner of police or the chief executive may retain the item until the assessment is complete and any proceeding arising out of the assessment is finalised.