385Children and young persons who abscond

1. This section applies to any child or young person who—

2. leaves or is taken without authority from a residence:
3. refuses or neglects to return to a residence:
4. leaves or is taken without authority from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362:
5. refuses or neglects to return to the care of any such person or organisation.

6. Any child or young person to whom this section applies may be detained without warrant by any constable or the chief executive (acting through the chief executive’s delegate) and returned to any residence or to the care of any person or organisation, as the case may be, or otherwise dealt with in accordance with this Act.

7. A child or young person to whom this section applies, unless that child or young person was being detained pursuant to section 238(1)(d) or (e) or section 34A of the Corrections Act 2004, does not, by reason only of an act or omission referred to in subsection (1), commit an offence against section 120 of the Crimes Act 1961.

8. For the purpose of detaining without warrant any child or young person who leaves or is taken without authority from a residence under this Act, every member of the staff of any such residence shall, if it is administered by the Crown, have the powers conferred on the chief executive by subsection (2).

9. Subsection (6) applies if a young person in respect of whom a supervision with residence order is made under section 283(n)—

10. leaves or is taken without authority from a residence; or
11. refuses or neglects to return to a residence.

12. The chief executive must make all reasonable efforts to notify each victim of the offence committed by the young person that the young person has absconded from the residence.