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CHILD PROTECTION ACT 1999 - SECT 15
Child’s parents and long-term guardians to be told about allegation of harm and outcome of investigation
15 Child’s parents and long-term guardians to be told about allegation of
harm and outcome of investigation
(1) This section applies if an authorised officer or police officer— (a)
investigates an allegation of harm or risk of harm to a child; or
(b)
assesses a child’s need of protection because of an allegation of harm or
risk of harm to the child.
(2) If the child does not have long-term
guardians, the officer must— (a) give details of the alleged harm or risk of
harm to at least 1 of the child’s parents; and
(b) as soon as practicable
after completing the investigation— (i) tell at least 1 of the child’s
parents about the outcome of the investigation; and
(ii) if asked by the
parent, give the information about the outcome of the investigation to the
parent in writing.
(3) If the child has long-term guardians, the officer
must— (a) take, or make a reasonable attempt to take, the actions stated in
subsection (2) (a) and (b) , but only if the officer is satisfied it would be
in the child’s best interests to do so, having regard to— (i) the nature
and extent of the child’s connection with the child’s parents; and
(ii)
the evidence in support of the allegation of harm or risk of harm; and
(iii)
any other relevant matter; and
(b) take the actions stated in subsection (2)
(a) and (b) in relation to the long-term guardians.
(4) However, if the
officer reasonably believes— (a) someone may be charged with a criminal
offence for the harm to the child and the officer’s compliance with
subsection (2) or (3) may jeopardise an investigation into the offence; or
(b) compliance with subsection (2) or (3) may expose the child to harm;
the
officer need only comply with the subsection to the extent the officer
considers is reasonable and appropriate in the particular circumstances.
(5)
If, under subsection (3) (a) , the officer does not take the actions stated in
subsection (2) (a) and (b) but makes a reasonable attempt to take the actions,
the officer must document full details about the actions taken by the officer
in making the attempt.
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