Police are being given stronger search and entry powers to investigate high risk missing persons cases, following the passage of key legislation through State Parliament.
The laws give police greater powers when seeking to enter a premises to investigate high risk missing persons cases, ensuring they have all the powers they need at their disposal to keep the community safe.
Under the previous laws, police could only enter and search a premises without the owner's consent if they reasonably suspected a crime had been committed, a person had died or that a person was in need of medical or other assistance.
The reform expands police powers, by allowing senior police officers to authorise a police officer to enter a premises, vehicle, vessel or other place without the owner's consent if they reasonably suspect that either a high risk missing person or information that may assist in locating the person is there.
An authorisation given by a senior police officer remains in force for a maximum period of up to 48 hours, until the missing person is located, or the authorisation is revoked (whichever occurs sooner).
The new laws will also allow police to apply to a Supreme Court judge for a warrant to enter and search a premises in relation to a high risk missing person investigation for a longer period in certain circumstances.
The laws are based on similar laws already in effect in Queensland.
As put by Kyam Maher
These reforms will be an important tool in helping SA Police investigate missing persons cases comprehensively and effectively, by providing police with additional powers that can be used in investigations involving vulnerable individuals who may suffer serious harm if not located quickly.
Given time is of the essence in these types of investigations, ensuring police have the ability to enter a property without an owner's consent will help ensure they have access to any potential information that may assist with their inquiries.
These measures are responsible changes that will expand police powers while also ensuring there are appropriate checks and balances in place.
Initial authorisation to enter a premises will be overseen by senior police officers while any application to enter or search a premises that extends beyond the 48 hour mark will need to be considered by a Supreme Court judge before approval is given.
As put by Acting Assistant Commissioner (Crime) Cath Hilliard
SA Police welcome any legislative amendment that will assist in enhancing the ability of police to keep the community safe.
The amendment of the Summary Offences Act will provide police, in certain cases, with additional powers that can be used in investigations involving vulnerable individuals.
The amendment gives police the power to search a premises, vehicle, vessel or other place if a senior officer suspects such action may provide information that may assist in locating a high risk missing person.
