Investigation guidelines

Question 1

Assault on a Child

Answer 1

S194 A - assaults any child under 14 years

Question 2

I’ll-treatment or neglect of child or vulnerable adult

Answer 2

CRIMES ACT 195

a person described in subsection (2), intentionally engages in conduct that, or omits to discharge or perform any legal duty the omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim) if the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.
(2)
The persons are—
(a)
a person who has actual care or charge of the victim; or
(b)
a person who is a staff member of any hospital, institution, or residence where the victim resides.
(3)
For the purposes of this section and section 195A, a child is a person under the age of 18 years.

Question 3

Failure to protect child or vulnerable adult

Answer 3

S195A Crimes Act 1961

Situations where it is know a child or vulnerable adult is at risk of harm but no action is taken:

Offence applies to:
- members of the same household
- people who are staff members of any hospital, institution or residence where victim resides:

Criminal liability:
KNOWS - victim is at risk of death, GBH or sexual assault if another person (mens rea)

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

Victims- under 18
Defendant over 18

Question 4

Failure to protect child or vulnerable adult

Answer 4

S195A Crimes Act 1961

Situations where it is know a child or vulnerable adult is at risk of harm but no action is taken:

Offence applies to:
- members of the same household
- people who are staff members of any hospital, institution or residence where victim resides:

Criminal liability:
KNOWS - victim is at risk of death, GBH or sexual assault if another person (mens rea)

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

Victims- under 18
Defendant over 18

Question 5

Victim Defined

Answer 5

victim—
(a)
means—
(i)
a person against whom an offence is committed by another person; and
(ii)
a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii)
a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv)
a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(b)
for the purposes only of sections 7 and 8, includes—
(i)
a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
(ii)
a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iii)
a person who has experienced family violence; and
(iv)
a child or young person residing with a person who falls within subparagraph (iii); and
(c)
despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
(i)
that offence; or
(ii)
an offence relating to the same incident or series of incidents as that crime or offence

Question 6

ASA - 1

Answer 6

Initial Action on contact:
Brief complaint details obtained

Question 7

ASA - 2

Answer 7

Case Referral:

CIB ASA investigator

Question 8

ASA 3

Answer 8

Providing specialist support

Question 9

ASA 4

Answer 9

Preliminary interview - taken by CIB member

Question 10

ASA 5

Answer 10

Information feedback:
As soon as practicable, victim informed as to investigation findings

Question 11

ASA 6

Answer 11

Medical exam:

ASAP - especially acute cases (with 7 days) or suspected drug facilitated.

Question 12

ASA 7

Answer 12

Formal Interview

Question 13

ASA 8

Answer 13

Investigation and evidence assessment - complete case investigation plan

Question 14

ASA 9

Answer 14

Resolution options:
Consider options including prosecution

Question 15

ASA 10

Answer 15

Prosecution - file pre and keeping victim informed

Question 16

ASA 11

Answer 16

Final actions and record keeping - ensure accurate and detailed records

Question 17

ASA 12

Answer 17

Preventative opportunities and responsibilities- consider what can be learnt from an investigation