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Legislative Assembly for the ACT: 2003 Week 4 Hansard (3 April) . . Page.. 1387 ..
2. There are 2 children in this category.
As these children are identifiable, there are confidentiality issues which restrict these matters from being discussed in any public forum and consequently details can not be made available to the Assembly.
In matters related to the care and protection of children and young people, the department:
assesses all reports using an evidence based Risk Assessment Framework which has recently been reviewed
determines interventions based on this framework and professional judgement
is required to work within the General Principles of the Children and Young People Act 1999. The Act includes the following requirements:
- that the primary responsibility for providing care and protection for the child should lie with parents and other family members [section 12(1)(b)]
- that high priority is given to supporting family members to caring for a child [section 12(1)(b)] and
- that interventions are the least intrusive consistent with the best interests of the child [section 12(1)(e)].
Matters which require external enquiry and assessment to ascertain the safety of a child/young person move to the appraisal stage of intervention.
When the Risk Assessment Framework indicates that risk has been reduced to an acceptable level Family Services may remain involved on a voluntary basis or review the matter and withdraw.
In matters where there is insufficient evidence to suggest harm/likely harm to a child, or existing services are addressing the issues satisfactorily, the department may take no further action.
3. Division 2 - Abuse and neglect of the Children and Young People Act 1999, outlines the provisions for mandatory reporting . A mandated person has to reasonably suspect that a child or young person is suffering sexual abuse or non-accidental physical injury.
Both children concerned came to the attention of mandated professionals at some stage prior to their deaths. In some instances, the children were not reported to Family Services by mandated reporters, as the reporters did not form a reasonable suspicion that abuse had occurred.
4. To take action in relation to any person believed not to have fulfilled their legal obligations requires a finding that they had formed a reasonable suspicion and had then not acted on this suspicion.
It is a police function to undertake any prosecution of a person who under the Children and Young People Act 1999, failed to report abuse to the Chief Executive. It would need to be proven that the mandated person had formed a reasonable suspicion that abuse had occurred and did not fulfil their legal obligations to report
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