Interstate warrant

Follow this procedure when executing a warrant in relation to a child who is interstate.

Introduction

You may need to seek a warrant in the Children’s Court for the apprehension of a child who is subject to a protection intervention report, an interim accommodation order or a protection order and is interstate. 

If a child is located interstate, the warrant may be executed by interstate police under the Service and Execution of Process Act 1992 on behalf of Victoria.

Throughout this process, you should obtain advice from a departmental solicitor or court officer.

For addtitional information see Interstate warrants - advice

Procedure

Case practitioner tasks

  • Negotiate with the interstate liaison officer (ILO) and family, once the child has been located, and establish if they are willing to return to Victoria, to determine if the child can be returned without execution of the warrant.
  • Negotiate with the relevant ILO about any tasks to be undertaken by the interstate child protection practitioner on behalf of Victoria.
  • Seek legal advice before applying for a warrant and determine the most appropriate warrant type for the risk assessment and legal circumstances of the child or young person.
  • Seek the applicable Children’s Court search warrant. See Warrants.
  • Update the divisional ILO on the need for an interstate warrant to be executed.
  • Travel interstate to be present either at the point of execution of warrant or for a Children’s Court hearing in the other state.
  • Be present at the interstate court so the magistrate can make the order returning the child to your care immediately. You must have a copy of the warrant and where one exists a copy of the Children’s Court order. 
  • If you cannot be present when the child is brought before the interstate court, the police should seek an order that places the child in the care (or custody) of the interstate jurisdiction until the child is able to be placed in the care of a Victorian child protection practitioner, or for a specified period of no more than five days.
  • Make transport arrangements to return the child to Victoria.
  • If the matter is not heard in a children’s court in the other state, the Victorian order is not enforceable and the child is not legally in your custody until returned to Victoria.
  • If the interstate court does not make an order, the Victorian order is not enforceable. Without an interstate court order, it is advisable for you and the child to be in the company of police or interstate child protection authorities until you are in the State of Victoria.
  • Accompany the child back to Victoria.

Divisional interstate liaison officer tasks

  • Assist practitioners with the process and negotiate with the coordinating ILO in the interstate jurisdiction.
  • Contact the coordinating ILO of the other state and advise if a warrant needs to be executed.
  • Request any assistance needed from the interstate child welfare department’s staff.
  • Provide relevant information to the coordinating ILO of the other state and negotiate for the execution of the warrant. This will include contact details for the Victorian Central Records Branch, the type of warrant, location of the child and contact details for the Victorian child protection practitioner.

Supervisor tasks

  • Provide ongoing supervision and consultation.
  • Oversee the warrant process until the warrant is executed or withdrawn.
  • Conduct negotiations with the coordinating ILO of the other state if the divisional ILO is unavailable.

Team manager tasks

  • Provide ongoing supervision and consultation and endorse the decision to apply for a warrant.
  • Facilitate any interstate requests for assistance with the execution of a warrant for the apprehension of a child who has arrived in Victoria from another state or territory.
    • This may include escorting a child into the care (or custody) under a warrant from another state and giving parental responsibility (or custody) of a child over to the relevant interstate child protection practitioner, or placing a child in out-of-home care until the interstate child protection practitioner can reach Victoria (not more than five days).

 

Additional information

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