CM03: OT Act 1989 C&P

Question 1

Child?

Answer 1

Person under the age of 14

Question 2

Young person?

Answer 2

Person over 14 years but under 18

Question 3

Paramount principle found in Section 4A(1) OT Act

Answer 3

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

Question 4

Sections 14 & 14AA OT Act 1989

Answer 4

Identifies children and young people in need of care and protection

Question 5

Categories of behaviors S.14 & 14AA

Answer 5

• Parents / caregivers who abuse / ill-treat their children or are unable or unwilling to look after them
• CYP who will not obey / listen to their parents or wilfully misbehave to a serious degree

Question 6

4 means of removing a CYP & Sections?

Answer 6

Place of Safety Warrant - S.39
Warrant to remove CYP - S. 40
Search without Warrant - S. 42
CYP found unaccompanied - S. 48

Question 7

For S. 42 - Search without Warrant, what do you need to believe?

Answer 7

RGTB, that it is critically nessessary to protect a CYP from injury / death

Question 8

What may you do under S. 42?

Answer 8

Without warrant;

• ENTER
• SEARCH
• REMOVE CYP
• DETAIN CYP
• PLACE with OT

Question 9

What are your obligations for S. 42?

Answer 9

• produce ID on first entry and if requested at any time
• state you are using section 42 OT Act 1989
• create notification via bulletin board within 3 days

Question 10

What is S. 39 and when used?

Answer 10

Place of Safety Warrant

• CYP suffered or likely to suffer serious ill-treatment, deprivation or harm
• need to act is not critically nessessary, referal to YAS
• once obtained, same powers as S. 42

Question 11

What Section of SASA could you use to gain entry if RGTS risk of life or safety?

Answer 11

S. 14 Emergency power of warrantless entry

Question 12

Section 48 applies to a CYP when and by who?

Answer 12

When they are found unaccompanied by a parent, guardian or other person who usually cares for them

Question 13

What situation does S. 48 apply to for a CYP

Answer 13

Physical or mental health is being, or likely to be impaired

Question 14

What can you do under Section 48?

Answer 14

Using force as necessary;

• TAKE CYP
• With consent, DELIVER back into custody of parent, guardian or other person who usually cares for them
• if no consent, or caregivers unwilling PLACE with OT

Question 15

Where does the power of S. 48 apply to

Answer 15

The power applies anywhere not just in a public place and doesn’t have to be us who finds the CPY unaccompanied

Question 16

What must you give a CYP when executing powers of S. 48

Answer 16

Since they are being detained under an enactment they must be given their Rights Caution

Question 17

Section 10B Summary Offences Act 1981 deals with what?

Answer 17

Leaving a child without reasonable supervision and care

Question 18

What are some circumstances Section 10B SOA could be applied

Answer 18

• Children left home alone
• Children have responsibility for other children
• left waiting outside bars or left in cars
• left walking home from school

Question 19

What does a successful prosecution under S. 10B SOA depend on?

Answer 19

• length of time and/or

- conditions in which child is left being unreasonable, in regards to all circumstances