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CARE AND PROTECTION OF CHILDREN AMENDMENT BILL 2009

Serial 49
Care and Protection of Children Amendment Bill 2009
Ms McCarthy

A Bill for an Act to amend the Care and Protection of Children Act

NORTHERN TERRITORY OF AUSTRALIA

CARE AND PROTECTION OF CHILDREN AMENDMENT ACT 2009

____________________

Act No. [ ] of 2009

____________________

Table of provisions

26 Reporting obligations
Part 5.6 Transitional matters for Care and Protection of Children Amendment Act 2009

334 Application

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2009

____________________

An Act to amend the Care and Protection of Children Act

[Assented to [ ] 2009]

[Second reading [ ] 2009]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Care and Protection of Children Amendment Act 2009.

2 Act amended

This Act amends the Care and Protection of Children Act.

3 Repeal and substitution of section 26

Section 26

repeal, substitute

26 Reporting obligations

(1) A person is guilty of an offence if the person:

(a) believes, on reasonable grounds, any of the following:

(i) a child has suffered or is likely to suffer harm or exploitation;

(ii) a child aged less than 14 years has been or is likely to be a victim of a sexual offence;

(iii) a child has been or is likely to be a victim of an offence against section 128 of the Criminal Code; and

(b) does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer:

(i) that belief; and

(ii) any knowledge of the person forming the grounds for that belief; and

(iii) any factual circumstances on which that knowledge is based.

Maximum penalty: 200 penalty units.

Note for subsection (1)(a)(iii)

The victim of an offence against section 128 of the Criminal Code is a child who is of or over the age of 16 years and under the offender's special care as mentioned in that section (for example, because the offender is a step-parent or teacher of the victim).

(2) A person is guilty of an offence if the person:

(a) is a health practitioner or someone who performs work of a kind that is prescribed by regulation; and

(b) believes, on reasonable grounds:

(i) that a child aged at least 14 years (but less than 16 years) has been or is likely to be a victim of a sexual offence; and

(ii) that the difference in age between the child and alleged sexual offender is more than 2 years; and

(c) does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer:

(i) that belief; and

(ii) any knowledge of the person forming the grounds for that belief; and

(iii) any factual circumstances on which that knowledge is based.

Maximum penalty: 200 penalty units.

Example for subsection (2)(b)(ii)

A health practitioner believes, on reasonable grounds, that a child who has just turned 14 is likely to be a victim of a sexual offence committed by someone aged 16 and a half.

(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.

(4) This section has effect despite any other provision in this Act or another law of the Territory.

4 Amendment of section 30 (Duties of other persons)

(1) After section 30(2)

insert

(2A) Each person who engages another person to perform work as a health practitioner or work of a kind prescribed under section 26(2)(a) must ensure the other person is aware of the obligations under section 26(1) and (2).

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(2) Section 30(3)

omit

subsection (1) or (2)

substitute

subsection (1), (2) or (2A)

5 New Part 5.6

After section 333

insert

Part 5.6 Transitional matters for Care and Protection of Children Amendment Act 2009

334 Application

(1) Section 26 as amended by the amending Act applies in relation to an obligation to make a report under that section on or after the commencement, whether the circumstances giving rise to that obligation occurred before, on or after the commencement.

(2) In this section:

amending Act means the Care and Protection of Children Amendment Act 2009.

commencement means the commencement of the amending Act.

6 Further amendments

The Schedule has effect.

Schedule

section 6

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