Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), a police officer may take a child into care and control if the police officer believes on reasonable grounds that—
(a) there is a risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child; and
(b) it is necessary for the child to be transported under section 69 to minimise that risk of serious harm to the child or other person occurring.
(2) Before a child is taken into care and control under subsection (1), a police officer must take reasonable steps, in the circumstances, to minimise the risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child.
Examples
1 Ask the child to leave the place and to go home.
2 Offer to transport the child to another location.
3 Warn the child that they will be taken into the care and control of the police officer if the child does not cease to engage in behaviour that is likely to cause serious harm.
(3) As soon as practicable after taking a child into care and control under subsection (1), a police officer must—
(a) inform the child that the child—
(i) is not under arrest and is not being charged with an offence; and
(ii) has been taken into care and control for the purpose of transporting the child to prevent serious harm to the child or another person that is likely to occur as a result of the behaviour of the child; and
(b) ask the child whether they are Aboriginal or Torres Strait Islander.
Note
Section 72 contains additional requirements in respect of a child who is Aboriginal or Torres Strait Islander that is taken into care and control.
(4) A police officer may release a child taken into care and control under subsection (1) before the child is transported under section 69 if the police officer no longer holds the belief on reasonable grounds referred to in subsection (1).