CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 362 Prenatal reporting—anticipated abuse and neglect

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 362

    (1)     This section applies if, during a pregnancy, a person believes or suspects that a child who may be born as a result of the pregnancy may be in need of care and protection.

    (2)     The person may report (a prenatal report ) the belief or suspicion, and the reasons for the belief or suspicion, to the director-general.

    (3)     The director-general may, with the consent of the pregnant woman, take the action the director-general considers appropriate in relation to the report.

    (4)     Without limiting subsection (3), the director-general may do any of the following with the consent of the pregnant woman:

        (a)     provide a voluntary assessment of whether the child is likely to be in need of care and protection after the child is born;

        (b)     provide or arrange voluntary support services for the pregnant woman, and any family member who may be involved in caring for the child;

        (c)     refer the matters raised in the report to a government or community-based service for advice and support services for the pregnant woman and any family member who may be involved in caring for the child.

    (5)     The director-general may also, without the consent of the pregnant woman, give advice to the person who made the report about appropriate assistance for the pregnant woman that the person may consider.

Example

contact details for support services

    (6)     The director-general may also ask the pregnant woman to consent to the director-general doing either or both of the following:

        (a)     giving prenatal information to a prenatal information sharing entity;

        (b)     asking a prenatal information sharing entity for prenatal information.

    (7)     If the pregnant woman does not consent under subsection (6), the director-general may give the prenatal information to the prenatal information sharing entity, or ask the prenatal information sharing entity for the prenatal information, only if the director-general suspects on reasonable grounds that the child may be in need of care and protection after the child is born.

    (8)     The director-general is not required to act in relation to a report under this section.

    (9)     The director-general must ensure, as far as practicable, that any action taken because of this section is appropriate and consistent with the pregnant woman's human rights.

Note 1     A person who gives information honestly and without recklessness under this section does not breach professional ethics etc and is protected from civil liability (see  s 874).

Note 2     Giving false or misleading information to the director-general is an offence (see Criminal Code

, s 338).

    (10)     In this section:

"prenatal information" means information that is relevant to the safety, wellbeing and development of a child after the child is born.

Examples—information relevant to safety, wellbeing and development of child

1     information needed to assess any likely risks to the child after birth

2     information needed to develop voluntary strategies to engage the pregnant woman before the birth

3     information needed to develop intervention plans to be implemented at birth that are proportionate and appropriate to the level of risk

4     information needed to decide whether a care and protection application should be made for the child at birth

5     information needed to assess the father's parenting capacity, including the father's ability and willingness to protect the child after birth

6     information needed to engage other family members to be voluntarily involved in protecting the child after birth

"prenatal information sharing entity" means any of the following:

        (a)     a person who would be involved in the care of the child after the child's birth;

        (b)     a Minister;

        (c)     a health facility;

        (d)     a police officer or a member of a police service or force of a State;

        (e)     an entity established under a law of a State or the Commonwealth;

        (f)     the holder of a position established under a law of a State or the Commonwealth;

        (g)     any of the following entities that would, after the child's birth, provide a service to, or have contact with, the child or a person who would be involved in the care of the child:

              (i)     an administrative unit;

              (ii)     a territory authority (other than the legal aid commission);

              (iii)     a territory instrumentality;

              (iv)     a public employee (other than a judge or magistrate);

              (v)     a community-based service.