Northern Territory Consolidated Acts

COMMUNITY WELFARE ACT - SECT 4

(1) In this Act, unless the contrary intention appears -

"access" means the contact of a child with a person, by way of a visit by or to that person, including attendance for a period at a place other than the child's habitual residence, or by way of a letter, telephone or other means;

"authorized person" means a person authorized in writing by the Minister to exercise powers and perform functions under this Act;

"child" means a person who has not attained the age of 18 years;

"Clerk" means a Clerk of the Family Matters Court;

"Court" means the Family Matters Court established by section 24;

"custody", in relation to a child, means the responsibility for the daily care and control of the child, including decisions concerning accommodation, attendance at school, clothing, feeding, transportation, behaviour and urgent or routine health needs of the child;

"guardianship", in relation to a child, means the custody of the child and the responsibility for the long-term welfare of the child, including decisions concerning the education, changes in place of residence, religion, employment and the general health of the child and other rights, powers and duties before the commencement of this Act vested by law or custom in the guardian of a child;

"hospital" means a hospital within the meaning of the Medical Services Act or a private hospital within the meaning of the Private Hospitals and Nursing Homes Act ;

"place of safety" means an institution, hospital or other place the occupier of which is willing to receive and have temporary custody of a child;

"Youth Court" means the Court established by section 45 of the Youth Justice Act .

(2) For the purposes of this Act, a child is in need of care, where -

(a) the parents, guardians or the person having the custody of the child have abandoned him or her and cannot, after reasonable inquiry, be found;

(b) the parents, guardians or the person having the custody of the child are or is unwilling or unable to maintain the child;

(c) he or she has suffered maltreatment;

(d) he or she is not subject to effective control and is engaging in conduct which constitutes a serious danger to his or her health or safety; or

(e) being excused from criminal responsibility under section 38 of the Criminal Code he or she has persistently engaged in conduct which is so harmful or potentially harmful to the general welfare of the community measured by commonly accepted community standards as to warrant appropriate action under this Act for the maintenance of those standards.

(3) For the purposes of this Act, a child shall be taken to have suffered maltreatment where -

(a) he or she has suffered a physical injury causing temporary or permanent disfigurement or serious pain or has suffered impairment of a bodily function or the normal reserve or flexibility of a bodily function, inflicted or allowed to be inflicted by a parent, guardian or person having the custody of him or her or where there is substantial risk of his suffering such an injury or impairment;

(b) he or she has suffered serious emotional or intellectual impairment evidenced by severe psychological or social malfunctioning measured by the commonly accepted standards of the community to which he or she belongs, because of his or her physical surroundings, nutritional or other deprivation, or the emotional or social environment in which he or she is living or where there is a substantial risk that such surroundings, deprivation or environment will cause such emotional or intellectual impairment;

(c) he or she has suffered serious physical impairment evidenced by severe bodily malfunctioning, because of his or her physical surroundings, nutritional or other deprivation, or the emotional or social environment in which he or she is living or where there is substantial risk that such surroundings, deprivation or environment will cause such impairment;

(d) he or she has been sexually abused or exploited, or where there is substantial risk of such abuse or exploitation occurring, and his or her parents, guardians or persons having the custody of him or her are unable or unwilling to protect him or her from such abuse or exploitation; or

(e) being a female, she -

(i) has been subjected, or there is substantial risk that she will be subjected, to female genital mutilation, as defined in section 186A of the Criminal Code; or

(ii) has been taken, or there is a substantial risk that she will be taken, from the Territory with the intention of having female genital mutilation performed on her.