Statutory Powers of Child Protection Specialist Centres

The holder of this card is appointed as a Protector and/or Approved Welfare Officer, and may exercise powers under the following legislation for the purpose of protecting a child or young person (CYP), and/or survivor of family violence (FV):

a. Children and Young Persons Act 1993 (CYPA)
b. Women's Charter 1961 (WC)

Protectors

LegislationSectionPower
Children and Young Persons Act 1993 (CYPA)
 
3(3)
Authorised to perform the duties or exercise the powers of a Protector under
i. Section 9 of the CYPA to obtain and communicate information; and 

ii. Section 10 of the CYPA to order a child or young person to be produced for assessment or treatment, etc., save that the holder of the card shall not have the power to remove the child or young person and commit the child or young person to a place of temporary care and protection or to the care of a fit person until the child or young person can be brought before a Youth Court to be dealt with under section 54 of the Act.

Authorised to perform the duty or exercise the power of the Director-General of Social Welfare under Section 15 of the CYPA to enter into voluntary care agreements.

3(4)Appointed as an Approved Welfare Officer, to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under the CYPA.
 

Approved Welfare Officers

LegislationSectionPower
Children and Young Persons Act 1993 (CYPA)
 
3(3)Authorised to perform the duty or exercise the power of the Director-General of Social Welfare under Section 15 of the CYPA to enter into voluntary care agreements
3(4)Appointed as an Approved Welfare Officer, to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under the CYPA
Women's Charter 1961 (WC)
 
 
62(2)(b)

Appointed as an Approved Welfare Officer to exercise one or more specified functions of a protector under Part 7 of the WC, in cases where an individual has experienced, or is experiencing, or at risk of family violence

Provision in the WCSpecified function of a protectorConditions on AWO’s exercise of power (if any)
Section 59, read with Section 59A(2)(a) and (2)(b)To assess at-risk persons if the AWO is satisfied that it is in the person’s best interest for the assessment to be doneAWO may not assess the following at-risk persons who have mental capacity to consent to the assessment and do not consent to the assessment:
·       18 years of age and above;
·       Below 18 years of age and is married or was previously married.
Section 59BTo enter premises for assessmentAWO may not exercise the powers under subsections (3)* and (4)*.
* Not allowed to break open any door, window, lock, fastener or any other thing to gain entry into the premises.
Section 59CTo obtain information and examine records 
Section 59ETo enable a relevant person to disclose information to the AWO, and to enable the AWO to disclose information to a relevant person 
Sections 60(1), 60B(3), 60E(3), 60F(3), 61(4), 61A(3)To apply for a protection order or a domestic exclusion order or a stay away order or a no contact order or a counselling order or a mandatory treatment order or an expedited order (as the case may be)AWO may not apply for a protection order etc. in relation to the following persons who have mental capacity to consent to the application and do not consent to the application:
·       18 years of age and above;
·       Below 18 years of age and is married or was previously married.
Section 60(4)To substitute an applicant for a protection orderAWO may not substitute an applicant for a protection order in relation to the following applicants who have mental capacity to consent to the application and do not consent:
·       18 years of age and above;
·       Below 18 years of age and is married or was previously married.
Sections 60A(4), 60B(7), 60E(6), 61(7), 61A(8)To apply for variation, suspension or revocation of a protection order or a domestic exclusion order or a stay away order or a no contact order or a counselling order or an expedited order (as the case may be)AWO may not apply for a variation, suspension or revocation of a protection order etc. in relation to the following persons who have mental capacity to consent to the application and do not consent:
·       18 years of age and above;
·       Below 18 years of age and is married or was previously married.