INVESTIGATION - CHILD PROTECTION

Question 1

What are three common offences an investigator is likely to encounter involving child victims:

Answer 1

(1) Sexual Violation
(2) Sexual Conduct with a Child Under 12
(3) Sexual Conduct with a Young Person Under 16

Question 2

What is the paramount consideration when a report of concern is made?

Answer 2

The child’s safety and well-being

Question 3

What is the legislation for Assault on a Child?

Answer 3

CA61 s194(a)
2 years

Assaults
Any child under 14

Question 4

In sub section 59(4) of the Crimes Act 61, what would cause police to exercise discretion not to prosecute the use of force against a child?

Answer 4

Where the offence is considered so inconsequential that it would not be in the public interest.

Question 5

2 amendments were made to section 195 other than the name change to Ill-Treatent or Neglect of a Child or Vulnerable Adult?

Also, who can be liable?

Answer 5

(1) Penalty increase from 5 years to 10 years
(2) Vulnerable adults included

Hospital staff and such at the location where the child or vulnerable adult resides

Question 6

For the purpose of section 195A, can a person be regarded as a member of a household if they don’t reside there but they are regarded as a member because they are so closely connected to that household?

Answer 6

Yes. Consideration will be given to the frequency of visits, familial relationship to the victim.

Question 7

Under section 195A, a person can be liable for Failure to Protect a Child or Vulnerable Adult.

Who can be held liable and what must be proved?

Answer 7

The offence applies to:
(1) Members of same household as victim
(2) Staff members of victims residence

Must prove the person:
(1) Knows the victim is at risk
(2) Fails to take reasonable action

Question 8

Section 195A Fail to Protect Child.
What 4 things need to be proved, where the person at risk is a child?

Answer 8

At the time of the offence:
(1) Victim under 18 years
(2) Defendant over 18 years
(3) Defendant was household member or residential staff member with frequent contact
(4) Defendant knew of the risk of harm to the child

Question 9

195A Fail to protect child.

Give 3 aspects of contact that can help with determining whether the contact can be regarded as Frequent-Contact between the child and the accused household member?

Answer 9

(1) Frequency of contact
(2) Duration of contact
(3) Familial relationship