Children And Young People

Question 1

What is the age of a child?

Answer 1

a person under the age of 14 years

Question 2

what is the age of a young person?

Answer 2

person who is 14-17 years of age

Question 3

What is the paramount consideration when dealing with children and young people?

Answer 3

the well-being and best interests of the child or young person are the first and paramount consideration.

Question 4

The behaviours can be loosely split into two categories:

Answer 4

1. Parents/caregivers who abuse/ill-treat their children or are unable or
   unwilling to look after them, and
2. Children or Young Persons who will not obey/listen their parents or
   wilfully misbehaviour to a serious degree.

Question 5

what is section 48 OTA 1980

Answer 5

Detain a CYP who are away from parent/guardian if they are likely to have a physical or mental impairment occurrence (eg alcohol) must report to commissioner within 3 days

Question 6

Identify the agency that Police works with to investigate any alleged
child abuse

Answer 6

CPT child protection team SAT

Question 7

What is Section 42 of the OTA 1989?

Answer 7

Emergency removal of CYP without warrant (CYP is likely to be seriously injured or killed)

Question 8

what is section 39, OTA 1989.

Answer 8

Place of safety warrant, enter and remove CYP with warrant (usually with OT)

Question 9

What is Section 10B of the Summary Offences Act 1981?

Answer 9

home alone, leaving child without reasonable supervision and care ($2000 fine)

Question 10

what is section 8? OTA 1989

Answer 10

Parents and others to be informed of decisions.

Question 11

what is the criminal responsibility for a child under 10?

Answer 11

no responsibility

Question 12

what is the criminal responsibility for a person over 10 years old?

Answer 12

Murder/Manslaughter

Question 13

What is the age that is considered an adult?

Answer 13

18

Question 14

What is section 214

Answer 14

W:Witness interference.
E:ensures appearance in court.
E: ensure no loss of evidence.
P: prevent further offending.

Must report to commissioner within 3 days

Question 15

What is section 9? OTA 1989

Answer 15

Interpreters (talk to CYP in a way the understand)

Question 16

What is the criminal responsibility for a person aged 12-13?

Answer 16

Murder/Manslaughter & 14+ year offence.

Serious offences 10-14 years if previous conviction is 14+ year offence.

Question 17

What is the criminal responsibility for a person aged 14+?

Answer 17

Fully liable

Question 18

What happens to the CYP if they don’t want to go home or the parents do not want them back?

Answer 18

Take them to OT

Question 19

What is an exception to WEEP? Section 214

Answer 19

If it is a 14+ year offence (Murder/Manslaughter)

In the public interest.

WEEP does not apply.

Question 20

Who can be a nominated person under section 222? 5

Answer 20

20+ years old

Cannot be an enforcement officer unless they are the parent.

Cannot be a co-offender or be likely to prevent the course of justice.

Must be able to make it the police station in a reasonable time.

Must be able to be contacted.

Question 21

What is section 218? OTA 1989 ‘do you understand mate’

Answer 21

Give rights to child or young person in a manner they understand

Question 22

What is section 215?

Answer 22

Child or young person to be informed of rights before questioned by enforcement officer.

Question 23

What is Section 14AA?

Answer 23

CYP likely to suffer serious harm eg: exposed to family violence

Question 24

When should you give a CYP their rights? 5

Answer 24

• When they ask.
• When they are charged.
• When they are detained.
• When they are arrested.
• When they are questioned.

Question 25

What is the Breach of Bail conditions?

Answer 25

If a CYP breached their bail on 2 or more PREVIOUS separate occasions.

You can arrest.

Must obtain approval from YAS/SGT
Under Section 214A

Question 26

Section 223: Spontaneous Statements

Answer 26

An exception: oral statements to be used as evidence.

That are made spontaneously by a child or young person.

Before police have had a reasonable opportunity to read them their rights.