OT Act 1989

Question 1

How old are Children and Young people?

Answer 1

Child - under 14

Young person - under 18

Question 2

What is section 4A(1) OTA 1989

Answer 2

The well-being and best interesting of the CYP are first and paramount considerations

Question 3

When must police investigate in OTA 1989 and with who?

Answer 3

Any report of child abuse and with OT.

Question 4

What are the responsibilities of Police and OT?

Answer 4

Police will notify OT when abuse is reported. (Vic versa)

Police will also conduct the interviews with the offender.

A decision between SAT and CPT will decide who interviews the CYP.

Question 5

What 4 principles must be considered when removing CYP from the home?

Answer 5

1 there are no other options

2 can the offender be moved?

3 if the offender is removed PO must be served

4. CYP must be in serious risk of harm to be moved.

Question 6

What 4 powers are used in the OTA 1989 to remove children?

Answer 6

1. S39 - place of safety warrant
2. S40 - warrant to remove CYP
3. S42 - Search w/o warrant (critically necessary)
4. S48 - CYP found unaccompanied

Question 7

What are the elements of s42 OTA?

Answer 7

Critically necessary

Enter & search

Any car boat house etc

To remove or detain

OR

Place

Question 8

What must be reported to the commissioner after using S39/42 of the OTA 1989?

Answer 8

1. The reasons
2. Evidence for the reasons
3. Final outcome

Question 9

What are the elements of s48 OTA 1989?

Answer 9

Found unaccompanied

Physical or mental likely to be impaired

Take

Deliver (parents)
OR
Place (OT)

Question 10

What the Elements for section 10B Summary Offences “left unaccompanied”

Answer 10

Under 14

Left without reasonable supervision

For a time or under unreasonable conditions

Question 11

What is section 10B Summary Offences?

Answer 11

Left unaccompanied