Section 43 of the Lukautim Pikinini Act 2015 is how the Office gets lawful entry to premises where a child may be at risk.
(1) Subject to section 46, an application for a search warrant may be made by the Director under the search legislation where there are reasonable grounds to believe that, in a house, building, vessel, vehicle or place, a provision of this Act is being contravened.
(2) In any search carried out by police or any other person concerning a child, a Child Protection Officer shall accompany the search team.
The Act as printed refers to the Search Act 1977. Papua New Guinea’s search legislation is not available on PacLII at the time of writing, so no link is given for it here.
What must be established
| Element | Requirement |
|---|---|
| Applicant | The Director — who may delegate under s 33 |
| Standard | Reasonable grounds to believe |
| Subject matter | That a provision of this Act is being contravened |
| Place | A house, building, vessel, vehicle or place |
| Procedure | Under the search legislation, not under this Act |
The trigger is a contravention of the Act, not harm as such. That is broad. It covers child labour under section 54, exposure or exhibition under section 53, operating an unlicensed centre under section 74, and the Part XI offences including sale of children under section 82.
The place list is comprehensive. “House, building, vessel, vehicle or place” leaves little out — a boat, a truck, a camp, a worksite.
Why a warrant is needed at all
Constitution section 44 confers freedom from arbitrary search and entry. A search of a person’s home is an interference with that right.
Section 1 of the Act expressly declares that the Act regulates or restricts section 44 (among other qualified rights) and is made for the purposes of Constitution section 38.
The warrant is what keeps the interference lawful: a judicial officer, not an official, decides whether the grounds are made out.
“Subject to section 46”
Section 43(1) opens with “Subject to section 46”. Section 46 allows an officer, without a court order, to take charge of a child whose health or safety is in immediate danger, and to enter any premises or vehicle or board any vessel or aircraft by reasonable force if necessary.
- Section 43 — a warrant, on reasonable grounds that the Act is being contravened. The planned route.
- Section 46 — no warrant, on reasonable grounds that the child’s health or safety is in immediate danger, and only where access is denied or no one is available to give access. The emergency route.
The section 46 power is narrower in what it authorises — taking charge of the child — and carries its own safeguard: the officer must report the circumstances to the Office within 24 hours.
Section 43(2) — a Child Protection Officer must be there
Subsection (2) is not confined to searches under a section 43 warrant. It applies to any search carried out by police or any other person concerning a child.
So a police search of premises where children are present — conducted for quite different reasons — requires a Child Protection Officer to accompany the team.
The purpose is obvious. A search is frightening, and children caught up in one need someone whose function is to look after them rather than to conduct the search. It also ensures that if a child is found to be in need of protection, a person with authority to act is present.
Section 44 — what may follow
(1) Where as a result of a search under section 43 an offence is found to be proved, the child and his belongings may be immediately removed to a place of safety.
(2) The child shall be moved to a place of safety authorised by the Director.
(3) Where the child requires medical or psychosocial support, the Director shall ensure that such support is provided.
See when a child can be removed from home for section 44 in full. Removal engages section 50 — the duty to notify each parent promptly, in writing, with reasons — and section 51, under which the Office has the care of the child until the child is returned or the Family Court makes an order.
Obstructing a search is an offence under section 84, and persons acting in good faith are indemnified by section 117.
Sources
- Lukautim Pikinini Act 2015 — ss 1, 33, 35–36, 43–51, 53, 54, 74, 82, 84, 117
- Constitution — ss 38, 44
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.