Wellbeing of children

Contributed by JaquiePalavra and MauriceSgarbossa and current to 1 May 2016

The Care and Protection of Children Act 2007 (NT) (CPC Act) has three aims:

1. to promote the wellbeing of children, including:
   1. to protect them from harm and exploitation;
   2. to maximise the opportunities for them to realise their full potential;
2. to assist families to achieve the object set out above; and
3. to ensure anyone who has responsibilities for children has regard to the objects above when fulfilling those responsibilities (CPC Act, s 4).

The CPC Act governs the system in which harm and exploitation of children, and the risk of harm and explotation, is investigated and prevented.

The CPC Act gives the Minister for Children and Families, and the Chief Executive Officer of the Department of Children and Families (CEO), a range of duties and responsibilities. In practice, these duties and responsibilities are carried out by the staff employed by the Department of Children and Families (see Contact points ). It is the responsibility of the Northern Territory Government to promote and safeguard the wellbeing of children, and to support families in meeting their obligations towards children (CPC Act, s 7). A child is defined in section 13 of the CPC Act as a person under the age of 18 years, or who is apparently under the age of 18 years if their age cannot be proved.

The CPC Act also sets up the Children's Court, which has certain statutory functions in relation to making decisions about children in need of care and protection.

Children in need of care and protection

The primary aim of the CPC Act is to keep families functioning and to support families in caring for and protecting their children. The CPC Act is specifically concerned with children who are in need of care and protection. Pursuant to section 20 of the CPC Act, a child is 'in need of care and protection' when:

• the child has suffered or is likely to suffer harm or exploitation because of something done or not done by their parent/s;
• the child has been abandoned and there is no family willing and able to care for them;
• the child's parents are dead or unable or unwilling to care for the child and no other family member of the child is able or willing to do so; or
• the child is not under the control of any person and the child is behaving in a way causing harm or likely to cause harm to either themselves or others.

Harm to and exploitation of a child

Harm and exploitation are specific terms used in the CPC Act to describe what is commonly known as child abuse and neglect. The legal definitions of harm can be found in sections 15 and 16 of the CPC Act; however, the following is a useful guide:

• Physical abuse: occurs when a child suffers or there is a substantial risk that the child may suffer a physical injury inflicted or allowed to be inflicted by the child's parent or caregiver. The injury may be inflicted intentionally or be the inadvertent consequence of physical punishment or physically aggressive treatment.
• Emotional or psychological abuse: occurs when a child's parent or caregiver repeatedly rejects the child, or uses threats to frighten them or puts them down or degrades them persistently. This may see the child subject to persistent name calling, belittling or continual emotional coldness, which significantly damages their physical, social, intellectual or emotional development and well-being. Such abuse may occur due to the child's physical surroundings, nutritional or other deprivation, or the emotional or social environment in which the child is living or where there is a risk that such surroundings may cause the emotional or psychological detriment.
• Neglect: occurs when the child's parent or caregiver fails to provide the child with the basic necessities of life, such as food, clothing, shelter, medical attention or supervision, to the extent that the child's health and development is or is likely to be significantly harmed.
• Sexual abuse or exploitation: occurs when a child has been sexually assaulted or exploited or where there is substantial risk of such abuse or exploitation occurring and the child's parents or caregivers are unable or unwilling to protect the child. Child sexual abuse involves a wide range of activities, including the fondling of a child's genitals, masturbation, oral sex, vaginal or anal penetration by a penis, finger or other object, involving or exposing a child to acts of a sexual nature, prostitution or pornography, and where the child has been subjected to female genital mutilation or there is a substantial risk that she will be subjected to genital mutilation (this includes plans to take the child out of the NT to have genital mutilation performed on her).

Parent, relative or family of a child

There is a wide definition of parent in s 17 of the CPC Act and relatives in s 18 of the CPC Act.

A parent of a child includes the child's father, mother or any person who has parental responsibility (right to make legal decisions) for the child. This can include step-parents who have a family law order for parental responsibility. It also includes a parent of a child under Aboriginal customary law or tradition.

Relatives of a child include parents, grandparents, step-parents, aunts, uncles, siblings, cousins or related to the child under customary law/tradition or contemporary custom or practice. This relationship may include those that arise through common ancestry, adoption, marriage, de facto relationship or any customary law/tradition.

Family of child include relatives, members of extended family under customary law/tradition or contemporary custom/practice or anyone closely associated with the child or another family member of theirs.

Mandatory reporting and investigation of notifications of harm/risk of harm or exploitation of a child

The CPC Act creates a positive obligation on anyone who has reasonable grounds to believe that a child has suffered or is likely to suffer harm or exploitation, or who is victim of a sexual crime, to report that belief to the Department of Children and Families or a police officer (CPC Act, s 26). It is a criminal offence to fail to do so. Where such a report is made in good faith, no civil or criminal liability will be incurred (CPC Act, s 27). When a report is made, the CEO or Police have certain powers to require information (for example, from teachers, counsellors, and doctors) (CPC Act, ss 32-33). A person must comply with a request for information made by Police or the CEO under the CPC Act (s 34(3)). A person who in good faith complies with that request is not criminally or civilly liable, nor are they in breach of any professional code of conduct for doing so (CPC Act, s 39).

Department of Children and Families referral & assistance

Notifications or reports about children at risk of harm are directed to the Central Intake Team of the Department of Children and Families who will speak to the reporter and either provide advice or refer the concern for further investigation by the Department.

The primary aim of the Department of Children and Families is to protect children and promote their wellbeing. Except in an emergency situation, such as when a child has been abandoned or there is a serious risk that a child will be harmed if not removed from the family situation, the first response when a notification has been made is to investigate and assess the care and protection concerns. After the assessment has been made, the Department may either substantiate harm or not.

If, after the notification has been investigated and 'substantiated' (confirmed) that a child has been abused or neglected, the Department may offer services or referrals to the family to help them in improving the care of the child. This is called safety planning. The Department will work with the family to mitigate any concerns they have for the safety of the child. For example, they may arrange for the family to be provided with ongoing family support from a service provider, or they may work with the family to arrange for another strong family member to care for the child.

Temporary placement arrangement

The CEO can agree with a child's parents to have daily care and control of a child and place the child in out-of-home care for up to two months. This period can be extended for further periods, but can't exceed six months in total (CPC Act, s 46). Temporary care gives families breathing space, reducing immediate pressures and giving family members a chance to sort out particular difficulties. When the subject is a child aged 15 years or more, an agreement of this kind can't be made without the child's written consent (CPC Act, s 46(3)(c)).

The party giving the child into custody can terminate the arrangement at any time and the CEO must comply within 48 hours of receiving such a request (CPC Act, s 46(8)-(9)).

Immediate risk and removing a child - Provisional Protection

An authorised staff member of the Department of Children and Families or a police officer can remove a child from any place if the CEO reasonably believes the child is in need of protection and the action is urgently needed to safeguard the wellbeing of the child (CPC Act, s 51). This is called provisional protection. The child can be removed using reasonable force and taken to a place of safety, such as with friends, relatives, a foster family or other placement (CPC Act, s 57). This action can be avoided and the child can remain if the officer is satisfied that adequate steps will be taken to ensure the child will cease to be in need of care. In a case of suspected sexual abuse, a parent could, for example, keep the child at home by taking steps to ensure the person suspected of committing the abuse was allowed no further contact with the child and the child obtained appropriate support.

Provisional protection may only last up to 72 hours (CPC Act, s 53). If the CEO wishes to retain custody of the child thereafter, they must apply to the Children's Court for a Court order (Temporary Protection, Assessment, Protection, Permanent Care orders). During this period the CEO has daily care and control of the child and is responsible for them (CPC Act, s 67(1)(a)).

Aboriginal children

The important of role of kinship groups, representative organisations and communities of Aboriginal people is expressly recognised under s 12 of the CPC Act.

If the Department needs to place an Aboriginal child in out of home care, then priority must be given to placing the child in the following order:

• with a member of the child's family;
• with an Aboriginal person in the child's community according to local community practice;
• with any Aboriginal person;
• with a non-Aboriginal person but someone who Territory Families believe will be sensitive to the child's needs and promote the child's connection to culture and community (and possibly family) (CPC Act, s 12(3)).

If possible, the child should be placed as close to the child's family and community (CPC Act s.12(4)).

The Department will consult with the child's family, kinship groups, or community when considering what out of home care arrangements need to be made for the child.

Charter of Rights for Children in care in the Northern Territory

The CPC Act imposes an obligation on the CEO to prepare a Charter of Rights for children in care (CPC Act s.68A). The purpose of this Charter is to ensure that the rights of children in out of home care are promoted and given special attention to.

It sets out the rights of children and what they should expect from those who are providing care to them. The charter must be provided and explained to the child in a way the child can understand, if of sufficient maturity and understanding, by the Department (usually the caseworker) (CPC Act s.68A(6)).

Care Plans

When a child is placed in out-of-home care under an order, the Department must prepare and put in place a care plan for the child:

• identifying the needs of the child;
• outlining measures that will be taken to address/meet those needs; and
• setting out the decisions about the daily care and control of the child such as where and with whom the child will be placed and contact with the child (CPC Act s 70).

When a Care Plan is being prepared or modified, the Department must have regard to the child's wishes considered reasonable and appropriate in the circumstances (CPC Act s.72)

There is an obligation to prepare an interim care plan when a child is not under an order but is otherwise in the Department's care (CPC Act s.76)

Confidentiality, disclosing and sharing information

Except in limited circumstances, it is an offence, punishable by fine or imprisonment, to publish any material that may identify a child who has been the subject of an investigation or application to the Children's Court, or to publish the proceedings or results of any Children's Court hearing (CPC Act ss 150, 308)

An 'Information Sharing Framework' has been established to enable the sharing of information between those who have responsibility for children such as (but not restricted to) teachers, registered foster carers, doctors, child-care workers and other persons or organisations defined as 'Information Sharing Authorities' (CPC Act ss 293A -293J).

This Framework allows people or organisations defined as Information Sharing Authorities to share information important to a child's safety and well-being where they may otherwise have been prevented from doing so under privacy and confidentiality rules applicable to them.

The Information Sharing Framework sets out what Information Sharing Authorities can provide, request and receive information from other Information Sharing Authorities who have or are assisting a child and their family.

Children's Court

The Children's Court hears and determines all the applications made under the CPC Act. The court is made up of a single Local Court judge and cases can be heard at Local Courts in the NT. The court in Darwin is physically separated from the main Local Court building.

The aim of court proceedings is to create an appropriate judicial process for safeguarding the wellbeing of children. The court must regard the best interests of a child as being the paramount consideration when making orders for children (CPC Act, s 90). It must also give priority to the rights of a child if they conflict with the rights of an adult (CPC Act, s 90(2)).

The Children's Court is a closed court. Only parties to the proceedings may be present in court. Permission from the court is needed for other persons to be present. Proceedings are conducted with as little formality and legal technicality as the circumstances allow and subject to the directions of the court, it is not bound by the rules of evidence (CPC Act, s 93).

Applications to the Children's Court

There are several orders that the Children's Court can make:

• Temporary Protection Order;
• Assessment Order;
• Protection Order; and
• Permanent Care Order.

An application to the court for any of the above orders is made by the CEO. In some limited circumstances, other people can make applications to the court.

Applications by the CEO for a Temporary Protection Order or a Protection Order are made when the CEO believes a child is in need of protection (see Children in need of care and protection above).

Temporary Protection Order

The CEO may make an application to the court for a Temporary Protection Order where the CEO reasonably believes the child is need of protection and the proposed order is urgently needed to safeguard the wellbeing of the child. It can do so only if there is no Protection Order in force for the child at the time. (CPC Act, s 103).

Typically, these applications are made to the court after the child has been taken into provisional protection by the CEO. The application may be made to the court in any way the court thinks is reasonable under the circumstances (CPC Act, s 104). This can include by phone or fax or other electronic means, but the application must tell the court why the order is necessary, what arrangements have been made for the child, and any information to support the application (CPC Act, s 104).

If the CEO makes an application, it must take reasonable steps to give each parent of the child notice of the application, including when and where the application is to be heard, and stating that the application may be heard and decided in the absence of the parents (CPC Act, s 104A).

Once the court receives the application, it must make the order if it is satisfied there are reasonable grounds for believing the child is in need of protection and the proposed order is urgently needed to safeguard the child. If the court is not satisfied it must dismiss the application (CPC Act, s 105).

If a parent attends a hearing of the application, they are a party to the proceeding. They are entitled to be legally represented and may inform the court why the child is not in need of care and protection and why the order being sought by the CEO is not urgently needed. The court may consider standing the matter down for a brief period during the day so that a parent can get legal advice.

If a Temporary Protection Order is made by the court, the CEO will be given daily care and control of the child; (CPC Act, s 107). If the child is not already in the care of the CEO, an authorised officer of the CEO may enter and search the place where a child is believed to be, using reasonable force if necessary, and take the child into care (CPC Act, s 108).

The CEO must give a copy of the order to the parents or the person who has parental responsibility for the child, as well as the child if appropriate (CPC Act, s 106).

The order expires after 14 days, after which, if no further Temporary Protection Order or Protection Order is applied for, the CEO must return the child to the parent(s) or the person who has parental responsibility for the child (CPC Act, ss 107(b), 109(1)).

The CEO may return the child to the care of the parent(s) or the person who has parental responsibility of the child before the expiry of the order if they consider it appropriate (CPC Act, s 109(2)). A Temporary Protection Order allows the CEO time to make further investigations, address the safety concerns with the family if possible, or prepare an application for an Assessment Order, or a Protection Order. A decision to grant a temporary Protection Order cannot be appealed (CPC Act, s 140(1)).

Assessment Order

The CEO may apply to the court for an Assessment Order for a child if the CEO reasonably believes the proposed assessment is necessary to determine whether the child is in need of protection, including whether a parent is capable of exercising parental responsibility for the child and the proposed assessment cannot be carried out without the order (CPC Act, s 111). An Assessment Order may involve a medical or psychological examination of the child or a parent of the child and may also include taking samples from a child or a parent of the child.

Before making an Assessment Order, the Court is required to consider whether the assessment is likely to provide information needed to determine whether the child is in need of protection; whether any distress caused by the assessment to the child will be outweighed by the value of the information to be obtained; and any distress caused to the child by a previous assessment (CPC Act, s 114). If made, the order has effect for 28 days (CPC Act, s 117). The CEO may seek for the order to be extended for a further 28 days but cannot be extended again (CPC Act, s 117).

An application for an Assessment Order cannot be made if a Protection Order is in force for the child (CPC Act, s 111(1)(a)).

Protection Order

The CEO may make an application for a Protection Order for a child if the CEO reasonably believes the child is in need of protection, or would be but for the fact that the child is currently in the CEO's care, and the proposed order is the best means to safeguard the well being of the child (CPC Act, s 121).

The CEO's application must also tell the court what the proposed order is, when it is to have effect, why the CEO considers the order is necessary and also the proposed care arrangements for the care and protection of the child under the order. (s.122 CPC Act). The application is usually accompanied with a sworn affidavit by the CEO's delegate. It sets out the grounds of the application and the evidence supporting the orders sought by the CEO.

A proposed order by the CEO must specify one or more of the following;

• A supervision direction requiring a person to do or refrain from doing something directly related to the protection of a child and/or require the CEO to supervise the protection of the child in relation to specified matters. (s.123(1)(a) CPC Act)
• A direction giving daily care and control of the child to a specified person. (s.121(1)(b) CPC Act)
• A short term parental responsibility direction for the child to a specified person for a period not exceeding 2 years. (s.121(1)(c) CPC Act)
• A long term parental responsibility direction for a child to a specified person for a period of more than two years but not more than when a child turns 18 years of age. (s.121(1)(d) CPC Act)

An order that gives parental responsibility to the CEO or another person other than a parent is an order that entitles that person to exercise all the powers and rights, and has all the responsibilities, for the child that would ordinarily be vested in the parents of the child. (s.22 CPC Act)

An order that gives daily care and control to the CEO or another person is an order that entitles a person to exercise all the powers and rights and has all the responsibilities for the day to day care and control of the child. (s.21 CPC Act) It does not, for example entitle such a person to make decisions regarding authorizing medical procedures or signing applications for passports for a child.

Giving notice of application for a Protection Order

As soon as practicable after the application has been made for a Protection Order, the CEO must give each parent of the child a copy of the application and a written notice stating when and where the application will be heard and also that the application may be heard and decided if the parent(s) are not there. (s.124(1) CPC Act)

The CEO may give a copy of the application and notice to the parents by personally serving them or if that is not practicable by sending them to the parent's last known address or by sending to them by post.(s.124(2) CPC Act)

When a parent(s) or a person who has parental responsibility for a child receives an application for a Protection Order it is strongly advised that they seek legal advice. This is available from Legal Aid and North Australian Aboriginal Justice Agency (NAAJA) or a private lawyer. Parents have a right to representation in court. They can represent themselves, or be represented by a lawyer or any other person. (s.101 CPC Act)

The court will require that the parent(s) or a person who is a respondent to the proceedings to file a response to the application within 4 weeks from the first court date if they disagree with the application in whole or in part. The response should address the grounds put by the CEO in support of their application, state the orders that are opposed, propose alternative orders, if any and accompany the response with any supporting evidence such as an affidavit setting out the facts in support of their case. (Local Court Act (NT) Practice Direction No 1 of 2015)

Legal Representation for Children

The court may order the appointment of a legal practitioner to represent a child to whom the proceedings relate if the court considers doing so is in the best interest of the child. (s.143A CPC Act)

Care plans

If the child is in the care of the CEO under an order giving the CEO daily care and control of a child or a Protection Order is in force for a child then the CEO must prepare a care plan for the child as soon as practicable after the child has been taken into care. (s.69, 70 CPC Act)

A care plan is a written plan that identifies the needs of the child and outlines the measures that must be taken to address those needs. It also sets out decisions about daily care and control of the child such as placement arrangements and arrangements for contact between the child and other persons. (s.70 CPC Act) The CEO may modify the plan from time to time and should take into account the child's wishes if the CEO considers this to be appropriate. (s.71 CPC Act)

Once a care plan has been made the CEO must make sure that a copy of the plan is given to the child, each parent of the child, the carer of the child and anybody else the CEO considers has a direct and significant interest in the wellbeing of the child. The CEO however is not required to give the plan to a person if the CEO considers it inappropriate or impracticable to do so. (s.73 CPC Act)

A care plan must be reviewed on a regular basis. (s.74 CPC Act) The first review must take place within 2 months after the child is first taken into care and thereafter every 6 months. (s.74 CPC Act). Care plans must also be prepared for children under a temporary placement arrangement. (s.75 CPC Act)

Adjournments

Often an application for a Protection Order is adjourned from the first hearing date to give the CEO time to organise reports and assessments and put further evidence before the court. It also gives time for the respondent parties to seek legal advice and representation, gather further evidence in order to better prepare their case and file a response to the application.

However the court must to the greatest extent possible avoid granting an adjournment unless the court considers it is in the best interests of the child or there are other strong reasons for doing so. This is in recognition that the best interests of the child is best served by having the application decided as soon as possible. (s.138 CPC Act)

Orders that can be made on adjournment

The court may make interim or temporary orders for the protection of the child during the period of adjournment. These include orders:

• That the CEO, or another specified person including a family member or a parent has daily care and control during the period of adjournment.

• that a report be prepared about the child and/or the child's family
• that if the proceedings relate to an application for a permanent care order, a report be prepared on the person proposed to be given parental responsibility for the child
• for a medical examination
• restricting the contact between the child and specified persons. (s.138 CPC Act)

Interlocutory Applications

A parent or another relevant party such as a family member who has been joined as a party to the proceedings may also make an application for daily care and control of the child during the period of adjournment. The court may set the matter down for an interim hearing and consider the evidence from the parties before making such a temporary order.

Case Conferences

During the period of adjournment the court may also order a Case Conference if the orders sought by the CEO are opposed in whole or in part by the respondent parties for the purpose of determining what matters are in dispute and resolving any such matters. The court may also give directions as to any material to be filed in advance of such a conference. (Local Court Act (NT) Practice Direction No 1 of 2015)

The case conference is confidential. This means that anything said or done at such a conference cannot be disclosed to the court without agreement by all the parties. (Local Court Act (NT) Practice Direction No 1 of 2015)

If at any stage in the proceedings the parties come to an agreement as to what if any orders should be made, the parties may inform the court of such an agreement and the court may make such orders without the matter proceeding to a trial.

Setting the matter down for hearing

If the parties have been unable to resolve the matters in dispute after a Case Conference the parties must agree to a statement of issues, both legal and factual that remains in dispute. The court is informed at the next court date and the matter will be set down for trial and a case management inquiry date.

Varying or revoking and extending an order

Before an order expires, a party to the proceedings before the making of the order, may apply to the court for the order to be varied, revoked or revoked and replaced by a new Protection Order. However a parent of a child must not apply for the order to be replaced if the proposed new order will give parental responsibility to the child to a different person or apply for the order to be varied or revoked if a similar application has been decided by the court. (s 137 CPC Act)

The CEO may also apply to extend the order before it ceases to be in force by making a further application to the court. (s 136 CPC Act)

Permanent Care orders

Only the CEO may apply to the court for a permanent care order. The CEO can only make such an application if there is already in force a Protection Order for a child giving parental responsibility for the child to the CEO or another specified person and that order is for a period that ends immediately before the child turns 18 years old. (s.137A CPC Act)

In making such an application the CEO must reasonably believe that a permanent care order is the best means of safeguarding the well being of the child and the person who is proposed to be given the parental responsibility for the child has demonstrated their suitability. (s.173 CPC Act)

As soon as practicable after making an application for a permanent care order, the CEO must give a copy of the application and a notice stating when and where the application will be heard, and that the court may make the order in the absence of the parents or the person proposed to be given parental responsibility of the child under the order. (s.137C(2) CPC Act)

The application and notice may be served on the parties personally, but if the CEO believes this is impracticable, then by leaving a copy of the application and notice at the last known address of the parent or other person, or by sending them in the post is sufficient.

Making a permanent care order

The court must make a permanent care order if it is satisfied that the child would be in need of protection but for the fact that the child, when the order was made, was in the care of the CEO or another person and the person proposed to be given parental responsibility for the child has demonstrated their suitability to have that responsibility. The court must consider the wishes of the child, the parent(s) of the child and the person proposed to be given parental responsibility for the child under the order as well as any other person who the court believes has a direct and significant interest in the well being of the child. (s.147H CPC Act)

Upon a court making a permanent care order, any Protection Order in force for the child is revoked. (s.137F(3) CPC Act) If requested the court may also make an order allowing the child to travel overseas without the consent of a parent. The order unless revoked earlier expires when the child reaches 18 years of age. (s.137F(3)(A)) CPC Act)

Once a permanent care order is made the CEO must give a copy of the order and written notice to each party to the proceedings, except the child. (s.137L CPC Act) The notice must explain the effect of the order and inform the parties that they may lodge an appeal against the order within 28 days after the order is made. (s.137A CPC Act) The order and notice may be given personally to the parties but if this is not practicable leaving them at the last known address or sending them in the post to that address. (s.137A(2) CPC Act)

Revoking a permanent care order

The CEO may also make an application seeking to revoke the permanent care order or revoke and replace it with a Protection Order any time before the permanent care order expires. (s.137M CPC Act)

Appeals

A party to any Court proceedings may appeal to the Supreme Court against any order or decision of the Court other than for a temporary Protection Order. (s.140(1) CPC Act)

A person wishing to appeal against a decision of the court must do so by filing a notice of appeal with the Registrar of the Supreme Court within 28 days from when the original decision was made. (s.140(2) CPC Act)

Case study

A boy aged seven years was physically abused by his mother's partner who was living with them. He was abused to the extent that his teacher noticed bruising on him. His teacher also observed that he did not appear to be as happy as he used to be and that he was no longer doing well at school.

The school made a report Territory Families. Territory Families workers then carried out an investigation which included talking to the teachers, the child, the mother and her partner. The police also became involved and interviewed the mother's partner. When the investigation was complete, an assessment was made by Territory Families. It concluded that the abuse was substantiated. After negotiations with the mother, it was decided that the child would live with his grandmother for a few months and would not have any contact with the mother's partner. The police also took action against the perpetrator and laid criminal charges of assault against him.

After the child was placed with the grandmother, under a temporary placement arrangement, workers from Territory Families continued to talk with the mother about future care arrangements for the child. When Territory Families workers concluded that the mother would not acknowledge the abuse had occurred and take the appropriate steps to ensure the abuse would not continue if the child returned to live with her, they made an application to the Children's Court for a Protection Order.

Transfer of order to another state

State and Territory governments have reciprocal arrangements to transfer responsibility for a Protection Order, also referred to as a home order, if a child under an order moves interstate. (s.155 CPC Act)

Child abuse and the criminal law

A Territory Families investigation into alleged maltreatment and any subsequent applications to the Children's Court are made in the interests of a child's wellbeing and are not related to any criminal proceedings. Where the treatment of a child amounts to a criminal offence quite distinct action needs to be taken by police.

Members of the police force will notify the CEO as soon as practicable of any instances where they believe a child has suffered or is suffering child abuse. Police may then decide whether charges should be laid.