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Women’s Charter 1961 · s 59B

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s 59BPower to enter premises for assessment

(1)

If a protector reasonably believes that a person —

(a)

has experienced, is experiencing or is at risk of family violence; and

(b)

is residing at any premises,the protector may enter the premises, at any time of the day or night and without notice —

(c)

to determine whether the protector should exercise a power under section 59(1)(a) or (b); and

(d)

to exercise the power.

(2)

When entering the premises, a protector may be accompanied by —

(a)

one or more support persons; and

(b)

any other person whom the protector considers necessary to assist the protector.

(3)

To gain entry into the premises, a protector and the other persons mentioned in subsection (2) may —

(a)

break open any door, window, lock, fastener or any other thing; and

(b)

use any other reasonable means.

(4)

However, the means referred to in subsection (3) may be used only if the protector —

(a)

has stated his or her authority and demanded entry; but(b)is not given and is unable to obtain entry.