OT - Care & Protection / Youth Justice

Question 1

What is the paramount principle is section 4A(1) of the Orange Tamariki Act 1989?

Answer 1

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

Question 2

What are the 2 sections of behaviours that indicate when a CYP is in need of care and protection?

Answer 2

1. Parents/caregivers who abuse their kids or unable to look after them
2. CYP won’t obey/listen to their parents or wilfully misbehave to a serious degree

Question 3

What are the 4 options providing powers for Police to remove a CYP from the home?

Answer 3

1. Place of safety warrant
2. Warrant to remove CYP on behalf of OT
3. Search without warrant section 42
4. CYP found unaccompanied section 48

Question 4

What is section 42 OT 1989?

Answer 4

Constable may enter and search and remove child if critically necessary to protect them from injury or death
Is similar to section 14 SASA 2012

Question 5

What are Police’s statutory obligations under section 42 OT Act 1989?

Answer 5

Produce evidence of identity
Announce they’re using section 42
Inform Commissioner of use of power within 3 days

Question 6

What is a Place of Safety Warrant section 39?

Answer 6

When we’re aware of a CYP suffering abuse etc but it’s not critically necessary, then immediately refer to YAS.
Once the warrant is obtained it gives similar powers to s42

Question 7

What is section 48 OT Act 1989?

Answer 7

CYP found unaccompanied where their physical or mental health is or likely to be impaired. Then police can take and deliver home with consent, or to OT

Question 8

What is Summary Offences Act 1981 section 10B?

Answer 8

Makes it an offence to leave a child under 14 without reasonable supervision for a time that is unreasonable in the circumstances

Question 9

If a child under 14 is left unsupervised, what does the successful prosecution of the parent rely on?

Answer 9

Length of time left, and conditions in which they were left. This is weighed up to see if it’s unreasonable

Question 10

When a child is taken into custody under s39 or 42, but the matter doesn’t go before the Court, who do Police need to notify?

Answer 10

The Commissioner for Children, the report is usually completed by OT when the child is released.

Question 11

In what places can you enact section 48?

Answer 11

Any place, home alone or on the street or at party

Question 12

What are the 4 primary considerations when dealing with CYP alleged offending?

Answer 12

1. The well-being and best interests of the CYP
2. Public interest/public safety
3. Interests of any victim
4. Accountability of the CYP for their behaviour

Question 13

What are the ages of criminal responsibility for CYP?

Answer 13

10+ murder, manslaughter

12 & 13 offence is not murder/man slaughter but has max penalty of 14 years or life

12-13 previous offence. Have committed a 14 year offence and now commits an offence that’s at least 10 years but less than 14

Question 14

When can you convict a child between 10-14 for an offence?

Answer 14

Can’t be convicted unless they knew it was wrong/contrary to law

Question 15

What does section 8 outline for police responsibilities?

Answer 15

Police are to inform parents/guardians of any action or decision that significantly affects their child.

Question 16

Under 214 WEEP when can you arrest a CYP?

Answer 16

1. Witnesses - prevent interference
2. Evidence - prevent loss-destruction
3. Ensure - appearance in court
4. Prevent - further offending

Question 17

What are the exceptions to 214 WEEP when you can arrest without picking a WEEP option?

Answer 17

Category 3 or 4 offence committed - penalty is 14 years AND arrest is in public interest
OR it’s necessary to carry out EBA procedures

Question 18

How long do you have to report an arrest of a CYP and to whom?

Answer 18

Commissioner for Children.
3 days