Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 51
Care and
Protection of Children Amendment (Reporting Obligations) Bill
2009
Ms
Carney
A Bill for an Act to amend the Care and Protection of Children Act
NORTHERN TERRITORY OF AUSTRALIA
CARE AND PROTECTION OF CHILDREN AMENDMENT (REPORTING OBLIGATIONS) ACT 2009
____________________
Act No. [ ] of 2009
____________________
Table of provisions
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:
This Act may be cited as the Care and Protection of Children Amendment (Reporting Obligations) Act 2009.
This Act commences on the date fixed by the Administrator by Gazette notice.
This Act amends the Care and Protection of Children Act.
4 Amendment of section 26 (Reporting obligations)
(1) After section 26(1)
insert
(1A) For subsection (1)(a)(i), a child (a relevant child) who has participated in a sexual act with another child (the other child) is not a victim of a sexual offence because of the sexual act if all the following circumstances apply:
(a) the sexual act occurred after the relevant child attained the age of 14;
(b) the age difference between the relevant child and the other child is no more than 2 years;
(c) the other child is not a brother, half-brother, sister or half-sister of the relevant child;
(d) the other child did not coerce the relevant child to participate in the sexual act;
(e) no other person is liable to prosecution for an offence in relation to the sexual act (for example, because of procuring the relevant child to participate in the sexual act);
(f) the relevant child has not been caused harm, and is not likely to be caused harm:
(i) by participating in the sexual act; or
(ii) as a consequence of participating in the sexual act.
Note for subsection (1A)(f)
A relevant child is caused harm, or is likely to be caused harm, because of participating in a sexual act in the circumstances mentioned in paragraphs (a) to (e) only if doing so causes, or is likely to cause, a significant detrimental effect on the relevant child, as described in section 15.
(1B) Subsection (1A) applies in relation to a relevant child even if the child participated in the sexual act before the commencement of that subsection.
(2) After section 26(3)
insert
(4) In this section:
sexual act includes sexual intercourse, sexual penetration and any other act of a sexual nature.
[Index] [Search] [Download] [Related Items] [Help]