Police Powers and Responsibilities Act 2000

This section applies to a police officer, Supreme Court judge or magistrate in deciding under division 2 or 3 whether a missing person is high-risk.

The police officer, Supreme Court judge or magistrate may be satisfied a missing person is high-risk if—

the person is under 13 years; or

the officer, judge or magistrate reasonably suspects the person may suffer serious harm if not found as quickly as possible.

In making a decision about a missing person under subsection (2)(b), the police officer, Supreme Court judge or magistrate may have regard to any of the following matters—

the person’s age;

any disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment;

evidence the person may commit suicide;

the person’s ability to interact safely with other persons or in an unfamiliar environment;

the person’s need for medication;

an addiction the person may have;

the person’s recent behaviour that is out of character for the person;

whether the person is suspected of being the victim of a crime;

any history of domestic violence or other relationship problems affecting the person;

any ongoing bullying or harassment of the person;

a previous disappearance or exposure to serious harm that affected the person;

whether the person is experiencing any financial problems;

a reason why the person may wish to go missing;

if the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area;

any suspicious circumstances relating to the person’s disappearance.Example of a suspicious circumstance—The missing person has suddenly stopped the person’s regular activities, including banking or social activities.

In this section—serious harm means harm, including the cumulative effect of any harm, that—

endangers, or is likely to endanger, a person’s life; or

is, or is likely to be, significant and longstanding.