Child Protection and ASAT Policy and Procedures

Question 1

Assault on a child or by a male on a female

Answer 1

Section 194 - 2 years imprisonment
- Assaults any child under 14
- Being a male, assaults a female

Question 2

Discuss parental control

Answer 2

Section 59 of the Crimes Act outlines that Police have discretion not the prosecute in relation to the anti-smacking situation if there is no public interest (S59)(4)

Question 3

Ill-treatment or neglect child

Answer 3

Offence to applies to someone with actual care or charge and staff of hospitals, institutions or residence where the child or vulnerable adult resides.

includes conduct, omits to discharge or perform any legal duty which will result in suffering, injury, adverse effects to health, mental disorder or disability to a child.

10 years.

Question 4

Failure to protect a child or vulnerable adult

Answer 4

Section 195A

Anyone who has frequent contact and knows the victim is at risk of death, GBH or sexual assault and failes to take reasonable steps to protect the victim is liable to 10 years.

Includes members of the same household or any staff member of hospital etc.

Can not charge someone under 18 for this.

Must have mens rea (Knowing) and actus reus (fails to take reasonable steps)

Question 5

What needs to be proved for failure to protect child

Answer 5

• Victim was under 18
• Defendant was over 18
• Defendant is member of same house hold or staff at hospital etc
• Defendant had knowledge of risk to harm to the child.

Question 6

What are the two priorities when investigating a sexual assault complaint

Answer 6

• Undertaking the investigation as quickly as possible
• Meeting the complainants physical and emotional needs

Question 7

What a the key process points for ASA policy

Answer 7

1. Intial actions on contact
2. Case referral
3. Providing specialist support
4. Prelim
5. Informatiom feedback
6. Medical exam
7. Formal interview
8. Investigation and evidence assessment
9. Resolution options
10. Prosection
11. Final actions and record keeping
12. Preventative opportunities and responsibilities

Question 8

What is an acute ASA case?

Answer 8

7 days or less

Question 9

List four things victims should refrain from after a sexual assault

Answer 9

• No eating or drinking
• No going toilet
• No washing or showering
• No washing of hands or biting fingernails

Question 10

List points you would cover with a victim to explain medical forensic exam

Answer 10

• They are specially trained in examining victims of sexual assault
• Benefits to physical, sexual and mental health
• How the Police obtain evidence to apprehend the offender
• The expected time for the exam (about 3 hours)

Ask about gender of practitioner preference.

Question 11

How do you provide a safe and secure environment when dealing with victims?

Answer 11

CALM TEA

• Conduct your dealings in a sensitive and concerned manner
• Accept they are telling the truth until there is evidence to the contrary
• Listen to what they tell you
• Medical attention
• Treat them courtrously
• Explain the process you are following
• Advise them of local counselling services

Question 12

What are three areas to consider when determining “seriousness of physical abuse”?

Answer 12

• The action of the abuse
• The injury inflicted
• The circumstances

Question 13

List four Police responsibilities to victims and their rights

Answer 13

• All obligations must be met and victim contact recorded
• Victims must be give updates every 21 days
• Victims must be kept updated and informed
• If offender is arrested and charged, Police must determine whether it is s29 offence, if so victim informed of VNR
• Victim must be updated on outcome and case closure