Western Australian Consolidated Regulations Western Australian Consolidated Regulations[r. 9AA, 9AB, 9AC, 16E, 16I and 16L]
[Heading inserted in Gazette 28 Jan 2011
p. 250.]
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In the Children’s Court at File No. |
Warrant (access) | ||||||||||
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To |
All authorised officers. | ||||||||||
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Details of child |
Surname | |
Date of birth | | |||||||
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Given names | |
Gender | | ||||||||
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Address | | ||||||||||
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Details of applicant |
Name | | |||||||||
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Division | | ||||||||||
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Address | | ||||||||||
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Telephone | |
Fax | |
Email | | ||||||
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Section |
This warrant is issued under section π 34(3) π 52(4) π 135(5) |
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Authority and directions |
This warrant authorises you — (a) to enter, at any time, any place where you
reasonably believe the child to be; and (b) to search the place for the purpose of finding
the child; and (c) to remain at the place for as long as you
consider reasonably necessary to find the child; and (d) if the child is found, to remain at the place
and have access to the child for as long as the officer considers reasonably
necessary. This warrant must be executed in accordance with the Children and Community
Services Act 2004 section 124. | ||||||||||
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Issuing details |
Name of magistrate | | |||||||||
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Date | |
Time | | ||||||||
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Magistrate’s signature |
Issued by me on the above date and at the above time. |
Court seal | |||||||||
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Execution details |
Date | |
Time | | |||||||
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Address | | ||||||||||
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π The warrant was executed. | |||||||||||
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π The warrant could not be executed despite
every reasonable effort. | |||||||||||
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π The warrant was not executed after the
determination that access was no longer necessary. | |||||||||||
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Authorised officer in charge of execution |
Name | | |||||||||
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Position | | ||||||||||
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Signature |
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[Form 1 inserted in Gazette 19 Jun 2009
p. 2226-7.]
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In the Children’s Court at File No. |
Warrant (apprehension) | |||||||||||
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To |
All authorised officers. All police officers. | |||||||||||
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Details of child |
Surname | |
Date of birth | | ||||||||
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Given names | |
Gender | | |||||||||
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Address | | |||||||||||
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Details of applicant |
Name | | ||||||||||
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Division | | |||||||||||
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Address | | |||||||||||
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Telephone | |
Fax | |
Email | | |||||||
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Section |
This warrant is issued under section π 85(3) π 86(3) | |||||||||||
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Authority and directions |
This warrant authorises you — (a) to enter, at any time, any place where you
reasonably believe the child to be; and (b) to search the place for the purpose of finding
the child; and (c) to remain at the place for as long as you
consider reasonably necessary to find the child; and (d) if the child is found, to apprehend the child
and — (i)
in the case of a warrant issued under the
Children and Community Services Act 2004 section 85, to take the
child to such place as the CEO directs; or (ii)
in the case of a warrant issued under section 86 of
that Act, to take the child to the place referred to in section 86(1) or
such other place as the CEO directs. This warrant must be executed in accordance with the Children and Community
Services Act 2004 section 124. | |||||||||||
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Issuing details |
Name of magistrate | | ||||||||||
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Date | |
Time | | |||||||||
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Magistrate’s signature |
Issued by me on the above date and at the above time. |
Court seal | ||||||||||
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Execution details |
Date | |
Time | | ||||||||
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Address | | |||||||||||
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π The warrant was executed. | ||||||||||||
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π The warrant could not be executed despite
every reasonable effort. | ||||||||||||
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π The warrant was not executed after the
determination that apprehension of the child was no longer necessary. | ||||||||||||
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Authorised officer in charge of execution |
Name | | ||||||||||
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Position | | |||||||||||
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Signature |
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[Form 2 inserted in Gazette 19 Jun 2009
p. 2227-8.]
3 . Warrant (provisional protection and care)
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In the Children’s Court at File No. |
Warrant (provisional protection and care) | |||||||||||
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To |
All authorised officers. All police officers. | |||||||||||
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Details of child |
Surname | |
Date of birth | | ||||||||
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Given names | |
Gender | | |||||||||
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Address | | |||||||||||
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Details of applicant |
Name | | ||||||||||
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Division | | |||||||||||
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Address | | |||||||||||
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Telephone | |
Fax | |
Email | | |||||||
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Section |
This warrant is issued under section π 35(3) π 133(3) | |||||||||||
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Authority and directions |
This warrant authorises you — (a) to enter, at any time, any place where you
reasonably believe the child to be; and (b) to search the place for the purpose of finding
the child; and (c) to remain at the place for as long as you
consider reasonably necessary to find the child; and (d) if the child is found, to take the child into
provisional protection and care and to such place as the CEO directs. This warrant must be executed in accordance with the Children and Community
Services Act 2004 section 124. | |||||||||||
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Issuing details |
Name of magistrate | | ||||||||||
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Date | |
Time | | |||||||||
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Magistrate’s signature |
Issued by me on the above date and at the above time. |
Court seal | ||||||||||
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Execution details |
Date | |
Time | | ||||||||
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Address | | |||||||||||
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π The warrant was executed. | ||||||||||||
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π The warrant could not be executed despite
every reasonable effort. | ||||||||||||
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π The warrant was not executed after the
determination that taking the child into provisional protection care was no
longer necessary. | ||||||||||||
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Authorised officer in charge of execution |
Name | | ||||||||||
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Position | | |||||||||||
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Signature |
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[Form 3 inserted in Gazette 19 Jun 2009
p. 2228-9.]
4 . Parentage testing procedure
AFFIDAVIT BY/IN RELATION TO DONOR
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)
NAME OF DONOR: (insert donor’s name)
DATE OF BIRTH OF DONOR: (insert donor’s date of birth)
*RELATIONSHIP/*PUTATIVE RELATIONSHIP OF DONOR TO CHILD WHOSE PARENTAGE IS IN
ISSUE: (if donor is not the child whose parentage is in issue, insert
relationship of donor to child)
DATE OF TAKING SAMPLE FROM DONOR: (insert date sample is to be taken)
I, (insert name), of (insert address), (insert occupation), *make oath and
say/*affirm:
IMPORTANT Either Part 1 or 2 of this form must be completed and sworn or
affirmed by the person making the affidavit in the presence of an authorised
witness, on the day the donor’s sample is taken.
PART 1
Part 1 must be completed if the person making the affidavit is the donor.
1. I am the person appearing in the photograph
attached to this affidavit, being Attachment ‘A’.
2. My racial background is (insert details).
3. In the last 2 years:
(a) I
*have/*have not suffered from leukaemia;
(b) I
*have/*have not received a bone marrow transplant.
*4. The particulars of the *leukaemia/*bone marrow
transplant are as follows:
(insert particulars)
5. I *have/*have not received a transfusion of
blood or a blood product within the last 6 months.
*6. The particulars of the transfusion of blood or
blood product are as follows:
(insert particulars)
7. I consent to:
(a) the
taking of *a bodily sample/*bodily samples from me on (insert date sample is
to be taken) at (insert place sample is to be taken) for the purposes of *a
parentage testing procedure/*parentage testing procedures; and
(b) the
carrying out of *that procedure/*those procedures on the
*sample/*samples.
PART 2
Part 2 must be completed on behalf of a child or a represented person.
1. I am the (state relationship or other status in
relation to the donor) of (insert name of donor) who was born on (insert date
of birth of donor).
2. (insert name of donor) is the person appearing
in the photograph attached to this affidavit, being Attachment
‘A’.
3. (insert name of donor) is a person whose racial
background is (insert details).
4. In the last 2 years:
(a) the
donor *has/*has not suffered from leukaemia;
(b) the
donor *has/*has not received a bone marrow transplant.
*5. The particulars of the *leukaemia/*bone marrow
transplant are as follows:
(insert particulars)
6. The donor *has/*has not received a transfusion
of blood or a blood product within the last 6 months.
*7. The particulars of the transfusion of blood or
blood product are as follows:
(insert particulars)
8. I consent to:
(a) the
taking of *a bodily sample/*bodily samples from the donor on (insert date
sample is to be taken) at (insert place sample is to be taken) for the
purposes of *a parentage testing procedure/*parentage testing procedures; and
(b) the
carrying out of *that procedure/*those procedures on the
*sample/*samples.
*SWORN/*AFFIRMED by
at
on 20
(Signature of person making affidavit)
BEFORE ME:
(insert name of person
before whom the affidavit
is made)
(Signature of person
before whom affidavit is
made)
Attach a recent photograph of the donor named in the affidavit, measuring
approximately 45 mm by 35 mm, that shows a full face view of the
donor’s head and the donor’s shoulders against a plain background.
The photograph must be marked ‘A’, and must bear a statement,
signed by both the person before whom the affidavit is made and the person
making the affidavit, identifying it as the photograph mentioned in the
affidavit.
*Omit if not applicable.
[Form 4 inserted in Gazette 28 Jan 2011
p. 250-2.]
5 . Parentage testing procedure
COLLECTION OF BODILY SAMPLES
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)
1. I, (insert name of sampler), of (insert
professional address), (insert occupation), took the *bodily sample/*bodily
samples specified below at (insert time) *a.m./*p.m. on (insert date) at
(insert place of collection) from the following *person/*persons:
(a)
(insert name of person, type of bodily sample and person’s photograph);
*(b) (insert name of
person, type of bodily sample and person’s photograph);
*(c) (insert name of
person, type of bodily sample and person’s photograph);
*(d) (insert name of
person, type of bodily sample and person’s photograph).
2. When I took the *bodily sample/*bodily samples
specified above, I complied with the
Children and Community Services Regulations 2006 Part 5A.
3. I placed the *bodily sample/*each of the bodily
samples specified above in a container that was immediately sealed and then
labelled in accordance with the
Children and Community Services Regulations 2006 regulation 16H.
DATED:
(Signature of sampler)
*Omit if not applicable.
[Form 5 inserted in Gazette 28 Jan 2011
p. 252-3.]
6 . Parentage testing procedure report
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (insert child’s name)
PART I
1. I, (insert name of nominated reporter), of
(insert street address of laboratory where testing was performed), (insert
occupation), am a person nominated by the laboratory specified below to
prepare a report for the purposes of the
Children and Community Services Act 2004 section 136H(b).
2. I report that *a parentage testing
procedure/*parentage testing procedures being:
*(a) red cell antigen
blood grouping;
*(b) red cell enzyme
blood grouping;
*(c) testing for serum
markers;
*(d) HLA tissue
typing;
*(e) DNA typing;
*has/*have been carried out on the bodily
*sample/*samples contained in the sealed *container/*containers bearing the
*name/*names of the following
*donor/*donors:
(a)
(insert donor’s name, date of birth and relationship to child whose
parentage is in issue);
*(b) (insert
donor’s name, date of birth and relationship to child whose parentage is
in issue);
*(c) (insert
donor’s name, date of birth and relationship to child whose parentage is
in issue);
*(d) (insert
donor’s name, date of birth and relationship to child whose parentage is
in issue).
3. Each bodily sample referred to in item 2
is the same bodily sample as the bodily sample specified in the statement
completed on (insert date) by (insert name of sampler) in the
Children and Community Services Regulations 2006 Schedule 1 Form 5.
4. The parentage testing *procedure
was/*procedures were carried out at (insert name and street address of
*laboratory/*laboratories where testing was performed) on (insert date/s).
5. The results of the parentage testing
*procedure/*procedures are set out in Part II of this report.
*6. I report that the results of the parentage
testing
*procedure/*procedures carried out on the bodily *sample/*samples of the
donors specified above show that (insert name of putative parent) is not
excluded from identification as the *father/*mother of (insert name of child
whose parentage is in issue).
[OR]
*6. I report that the results of the parentage
testing
*procedure/*procedures carried out on the bodily *sample/*samples of the
donors specified above show that (insert name of putative parent) is excluded
from identification as the *father/*mother of (insert name of child whose
parentage is in issue).
*7. I further report that the probability that
(insert name of putative parent) is the genetic *father/*mother of (insert
name of child whose parentage is in issue) has been calculated as follows:
Putative *father/*mother is (insert figure) times
more likely to produce a child with the required alleles than a *man/*woman
drawn randomly from the general population. This equates to a Relative Chance
of *Paternity/*Maternity of (insert figure).
[OR]
*7. I further report that the exclusion is based
on contradictions of the laws of genetic inheritance in (insert amount) of the
(insert amount) genetic markers: (insert the names of the genetic markers and
whether the contradictions are of the first or second order).
*8. I further report (if necessary, provide
further explanation of results detailed in item 6 or 7, or both).
DATED: 20 .
(Signature of nominated reporter)
PART II
1. The bodily *sample/*samples referred to in Part
I of this report were received at (insert name and street address of
laboratory at which parentage testing *procedure was/*procedures were carried
out) on the following date/s:
(a) (specify sample) — (insert date)
*(b) (specify
sample) — (insert date)
*(c) (specify
sample) — (insert date)
*(d) (specify
sample) — (insert date)
*(e) (specify
sample) — (insert date)
2. The following identification *number
was/*numbers were allocated respectively to the bodily *sample/*samples in the
*container/*containers in respect of which the parentage testing *procedure
was/*procedures were carried out:
(a) (insert name of donor and identification number);
*(b) (insert name of
donor and identification number);
*(c) (insert name of
donor and identification number);
*(d) (insert name of
donor and identification number).
3. The results obtained from the parentage testing
*procedure/*procedures are: (set out the results).
Complete this item if the parentage testing procedure carried out was red cell
antigen blood grouping, red cell enzyme blood grouping, HLA tissue typing or
testing for serum markers.
*4. The results set out above in item 3 refer
to the parentage testing
*procedure/*procedures carried out *by me/*under my supervision on (insert
date/s). The bodily *sample was/*samples were tested with the same reagents
and in parallel with appropriate known controls. Results from controls show
that all reagents were of correct specificity and normal potency. I am
satisfied that the results obtained are true and that they have been correctly
transcribed from the laboratory records.
[OR]
Complete this item if parentage testing procedure carried out was DNA typing.
*4. The results set out above in item 3 refer
to the parentage testing
*procedure/*procedures carried out *by me/*under my supervision on (insert
date/s). The bodily *sample was/*samples were tested with the same
probes/primers and in parallel with appropriate known controls. Fragment
length and/or hybridisation patterns were in accordance with scientifically
accepted standards. I am satisfied that the results obtained have been
correctly coded from the fragment and/or hybridisation pattern and that they
have been correctly transcribed from the laboratory records.
DATED:
(Signature of person who carried
out parentage testing procedure
or person
under whose
supervision parentage testing
procedure was carried out)
*Omit if not applicable.
[Form 6 inserted in Gazette 28 Jan 2011
p. 253-6.]
