(1) The requirements
under this Part are in addition to the duty of every person to safeguard and
promote the outcomes set out in section 4(2), and in particular the
outcome that children and young people be kept safe from harm.
(2) To avoid doubt,
compliance with the requirements of this Part does not necessarily exhaust a
duty of care that may be owed to a child or young person by a person to whom
this Part applies.
(3) This Part applies
to the following persons:
(a)
prescribed health practitioners;
(b)
police officers;
(c)
community corrections officers under the Correctional Services Act 1982
;
(d)
social workers;
(e)
ministers of religion;
(f)
employees of, or volunteers in, an organisation formed for religious or
spiritual purposes;
(g)
teachers employed as such in a school (within the meaning of the
Education and Early Childhood Services (Registration and Standards)
Act 2011 ) or a pre-school or kindergarten;
(h)
employees of, or volunteers in, an organisation that provides health, welfare,
education, sporting or recreational, child care or residential services wholly
or partly for children and young people, being a person who—
(i)
provides such services directly to children and young
people; or
(ii)
holds a management position in the organisation the
duties of which include direct responsibility for, or direct supervision of,
the provision of those services to children and young people;
(i)
any other person of a class prescribed by the regulations
for the purposes of this subsection.
(4) For the purposes
of this Part, a reference to a person being
"employed" will be taken to include a reference to a person who—
(a) is a
self-employed person; or
(b)
carries out work under a contract for services; or
(c)
carries out work as a minister of religion or as part of the duties of a
religious or spiritual vocation; or
(d)
undertakes practical training as part of an educational or vocational course;
or
(e)
carries out work as a volunteer,
and a reference to something occurring in the course of the person's
employment is to be construed accordingly.
(5) In this
section—
"prescribed health practitioners" means—
(a)
medical practitioners; and
(b)
pharmacists; and
(c)
registered or enrolled nurses; and
(d)
dentists; and
(e)
psychologists; and
(f) any
other person prescribed by the regulations for the purposes of this
definition.