CP - Policy & Procedures

Question 1

What is the primary consideration when dealing with children?

Answer 1

The safety and well-being of the child is the first and paramount consideration

Question 2

Anti-smacking situation

discretion

Answer 2

Police have discretion not to prosecute where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution

Question 3

Ill treatment or neglect of a child

Section 195, Crimes Act 1961

Answer 3

Intentionally, engages in conduct or omits to discharge or perform any legal duty which is likely to result in suffering, injury or adverse effects to health, or any mental disorder or disability to a child or vulnerable adult

Child = under 18yrs old
Person = Has actual care or charge of the victim OR any staff member of any hospital, institution or residence where the victim resides

Question 4

Failure to protect child or vulnerable adult

Section 195A, Crimes Act 1961

Answer 4

Relates to situations where it is known a child (or vulnerable adult) is at risk of harm but no action is taken. Person must be over the age of 18yrs and child under the age of 18yrs

Offence applies to:

• Members of same household as victim
• People who are staff of a hospital, institution or residence where the victim resides

Person must have frequent contact with the victim. To determine this, you must have regard for the frequency and duration of visits to the household (liability of extended households)

Knows (mens rea) the victim is at risk of death, GBH or sexual assault as a result of acts or omissions by another person, and

Fails (actus reus) to take reasonable steps to protect the victim from that risk