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This is a Bill, not an Act. For current law, see the Acts databases.
CARE AND PROTECTION OF CHILDREN AMENDMENT BILL 2009
Serial 49
Care and
Protection of Children Amendment Bill 2009
Ms
McCarthy
A Bill for an Act to amend the
Care and Protection of Children Act
NORTHERN TERRITORY OF
AUSTRALIA
Care and Protection of children
AMENDMENT ACT 2009
____________________
Act No. [ ] of
2009
____________________
Table of
provisions
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2009
____________________
An Act to amend the Care and
Protection of Children Act
[Assented to [ ]
2009]
[Second reading [ ]
2009]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Care and Protection
of Children Amendment Act 2009.
This Act amends the Care and Protection of
Children Act.
Repeal and substitution of section
26
Section 26
repeal, substitute
(1) A person is guilty of an offence if the
person:
(a) believes, on reasonable grounds, any of the
following:
(i) a child has suffered or is likely to suffer harm
or exploitation;
(ii) a child aged less than 14 years has been or is
likely to be a victim of a sexual offence;
(iii) a child has been or is likely to be a victim
of an offence against section 128 of the Criminal Code; and
(b) does not, as soon as possible after forming that
belief, report (orally or in writing) to the CEO or a police
officer:
(i) that belief; and
(ii) any knowledge of the person forming the grounds
for that belief; and
(iii) any factual circumstances on which that
knowledge is based.
Maximum penalty: 200 penalty units.
Note for subsection
(1)(a)(iii)
The victim of an offence against section 128 of
the Criminal Code is a child who is of or over the age of 16 years and under the
offender's special care as mentioned in that section (for example, because the
offender is a step-parent or teacher of the victim).
(2) A person is guilty of an offence if the
person:
(a) is a health practitioner or someone who performs
work of a kind that is prescribed by regulation; and
(b) believes, on reasonable
grounds:
(i) that a child aged at least 14 years (but less
than 16 years) has been or is likely to be a victim of a sexual offence;
and
(ii) that the difference in age between the child
and alleged sexual offender is more than 2 years; and
(c) does not, as soon as possible after forming that
belief, report (orally or in writing) to the CEO or a police
officer:
(i) that belief; and
(ii) any knowledge of the person forming the grounds
for that belief; and
(iii) any factual circumstances on which that
knowledge is based.
Maximum penalty: 200 penalty units.
Example for subsection
(2)(b)(ii)
A health practitioner believes, on reasonable
grounds, that a child who has just turned 14 is likely to be a victim of a
sexual offence committed by someone aged 16 and a half.
(3) It is a defence to a prosecution for an offence
against subsection (1) or (2) if the defendant has a reasonable
excuse.
(4) This section has effect despite any other
provision in this Act or another law of the Territory.
Amendment of section 30 (Duties of other
persons)
(1) After section 30(2)
insert
(2A) Each person who engages another person to
perform work as a health practitioner or work of a kind prescribed under
section 26(2)(a) must ensure the other person is aware of the obligations
under section 26(1) and (2).
Maximum penalty: 200 penalty units or imprisonment
for 2 years.
(2) Section 30(3)
omit
subsection (1) or (2)
substitute
subsection (1), (2) or (2A)
After section 333
insert
Part
5.6 Transitional matters for Care and Protection of Children Amendment Act
2009
(1) Section 26 as amended by the amending Act
applies in relation to an obligation to make a report under that section on or
after the commencement, whether the circumstances giving rise to that obligation
occurred before, on or after the commencement.
(2) In this section:
amending Act means the
Care and Protection of Children Amendment Act 2009.
commencement means the commencement of
the amending Act.
The Schedule has effect.
section
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
sections 27(1), 28(1), 29(1) and 32(1),
note
|
section 26(1)
|
section 26
|
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