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FAMILY RESPONSIBILITIES COMMISSION ACT 2008 - SECT 42
Notice about child safety and welfare matters
42 Notice about child safety and welfare matters
(1) This section applies if the child protection chief executive— (a)
becomes aware, whether because of notification given to the chief executive or
otherwise, of alleged harm or alleged risk of harm to a child; and
(b)
becomes aware the allegation is in relation to— (i) conduct that is
happening, or has happened, in a welfare reform community area; or
(ii)
conduct of a person who lives, or at any time after the commencement of this
section has lived, in a welfare reform community area.
(2) The child
protection chief executive must give the commission notice of the alleged harm
or alleged risk of harm to the child.
(3) The notice must be given to the
commission— (a) if an authorised officer under the Child Protection Act 1999
investigates the allegation to assess the child’s need of
protection—within 5 business days after the investigation and assessment of
the allegation ends; or
(b) if paragraph (a) does not apply—within 5
business days after the later of the following to happen— (i) the child
protection chief executive becomes aware of the alleged harm or alleged risk
of harm to the child;
(ii) the child protection chief executive becomes aware
of a matter mentioned in subsection (1) (b) .
(4) The notice must be in the
approved form.
(5) The approved form must include provision for the
following— (a) the day the child protection chief executive became aware of
the alleged harm or alleged risk of harm;
(b) whether the allegation was
investigated as mentioned in subsection (3) (a) ;
(c) the name and, if known,
the address of the child allegedly harmed or allegedly at risk of harm;
(d)
the name and address, if known, of the parents of the child;
(e) the name and
address, if known, of any person allegedly causing harm to the child, or
allegedly causing the child to be at risk of harm;
(f) details of the alleged
harm or alleged risk of harm to the child;
(g) information to identify the
welfare reform community area where— (i) the conduct the subject of the
allegation is happening or has happened; or
(ii) the person whose conduct is
the subject of the allegation lives or lived.
(6) In this section—
"harm" , to a child, see the Child Protection Act 1999 , section 9 .
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