Office for the Ageing (Adult Safeguarding) Amendment Bill 2018
|
|
- Allan Jefferson
- 5 years ago
- Views:
Transcription
1 19 October 2018 The Hon Stephen Wade MLC Minister for Health and Wellbeing Level 9, 11 Hindmarsh Square ADELAIDE SA 5000 via Dear Minister Office for the Ageing (Adult Safeguarding) Amendment Bill I refer to the Office for the Ageing (Adult Safeguarding) Amendment Bill 2018 ( the Bill ). 2. The Bill establishes a new Adult Safeguarding Unit ( the Unit ), which will be located in the Office of Ageing Well within the Department for Health and Wellbeing. The Unit will be responsible for assessing and investigating reports of alleged or suspected abuse, and then either referring them on to appropriate persons or bodies, or working in collaboration with other agencies to co-ordinate a multi-agency and multi-disciplinary approach. 3. The Society notes that the Bill follows significant consultations, reports and recommendations both in South Australia and nationally, in relation to the issue of reforms relating to elder abuse, and also follows the events relating to the Oakden Older Persons Mental Health Service. 4. Key reports produced as part of the consultation noted above, include the Australian Law Reform Commission (ALRC) Report Relating to Elder Abuse 1 ( the ALRC Report ), the Closing the Gaps Report by Wendy Lacey 2 written in conjunction with the Office of the Public Advocate South Australia, and the Final Report of the Joint Select Committee on Matters Relating to Elder Abuse. 5. These reports all emphasise the importance of balancing the human rights of older persons with the responsibility to protect vulnerable persons. 1 Elder Abuse A National Legal Response (ALRC Report 131) Published on 14 June Closing the Gaps: Enhancing South Australia s Response to the Abuse of Vulnerable Older People, tabled in the House of Assembly, 14 June 2012.
2 2 6. The Society notes the United Nations Principles for Older Persons 3 encourages governments to incorporate a number of key principles into their national programs whenever possible. Such principles include that older persons should be able to live in dignity and security and be free of exploitation and physical or mental abuse. Relevant human rights standards, such as the United Nations Principles for Older Persons should underpin policy around the care and protection of older persons and vulnerable adults. 7. It is important to recognise the balance between the rights of the vulnerable person to autonomy, and the community s responsibility to protect those persons from harm. The Society notes that the ALRC Report proposes a rights based, harm reduction approach, ensuring that the older person is at the centre of any decisions relating to providing support and assistance in responding to elder abuse The Society has considered the Bill, in particular, the coercive powers bestowed upon the Unit. The Society makes a number of comments below, including how the scope of Bill compares to the recommendations of the ALRC. Vulnerable Adult 9. Section 22 of Bill provides that a person may report to the Adult Safeguarding Unit a suspicion that a vulnerable adult is at risk of abuse. A vulnerable adult is defined in section 3 of the Bill as an adult person who by reason of age, ill health, disability, social isolation, dependence on others or other disadvantage is vulnerable to abuse. 10. Abuse is defined in section 4 of the Bill as including physical, sexual, emotional or psychological abuse of the vulnerable adult; financial abuse or exploitation; neglect; denial of basic rights of the vulnerable adult. 11. The investigation powers conferred by the Bill extend beyond elder abuse to abuse of vulnerable adults generally and relate to a much broader range of matters defined as constituting abuse. The Bill provides a much broader conferral of authority upon the Adult Safeguarding Unit than proposed in the ALRC report and recommendations. Autonomy of the vulnerable person and the need for consent 12. The Society notes that the principles contained in section 12 of the Bill adopt the guiding principles contained in such instruments as the United Nations Principles for Older Persons which affirm the right of older persons to make decisions about their care and quality of their lives. These include: 3 United Nations Principles for Older Persons, GA Res 46/91, UN GAOR, 46th Session, 74th Plen Mtg, Agenda Item 94(a), UN Doc A/RES/46/91 (16 December 1991). 4 Australian Law Reform Commission, Elder Abuse Discussion Paper (DP 83) December 2016 p 61.
3 A vulnerable adult with decision making capacity who is experiencing abuse has the right to decline support, assistance or other measures designed to safeguard them from abuse; 12.2 Vulnerable adults must be involved in, and their wishes must directly inform, decisions made or actions taken to support and safeguard them; 12.3 All vulnerable adults are entitled to be treated with respect for their dignity, autonomy and right to self-determination. 13. Section 23 provides that the Director must cause each report under the Act to be assessed in accordance with any requirements set out in the regulations. An assessment may take place under section 23 without the consent of the vulnerable adult. 14. Section 24 of the Bill provides that the Unit should not take action in respect of a report unless the vulnerable adult to whom the report or notification relates consents to the action being taken. However, consent does not need to be obtained where: 14.1 the vulnerable adult s life or physical safety is at immediate risk; or 14.2 the risk of abuse to which the report relates consists of an allegation that a serious criminal offence has been, or is likely to be, committed against the vulnerable person; or 14.3 the vulnerable person has impaired decision-making capacity in respect of a decision to consent to an action of the relevant kind being taken. 15. The Society considers that the autonomy of vulnerable adults must be respected as much as possible, as reflected in section 12 of the Bill. It is suggested that where the Unit has concerns about the person s capacity to consent to an investigation, an appointment of a guardian where appropriate, could also be considered. Coercive Powers 16. The Society notes that recommendation 14-6 of the ALRC Report, recommends that Adult safeguarding laws should provide adult safeguarding agencies with necessary coercive information-gathering powers, such as the power to require a person to answer questions and produce documents. Agencies should only be able to exercise such powers where they have reasonable grounds to suspect that there is serious abuse of an at-risk adult, and only to the extent that it is necessary to safeguard and support the at-risk adult. The Society supports this recommendation.
4 4 17. Section 26 of the Bill provides that the Director of the Unit may cause an investigation into the circumstances of a vulnerable adult to be carried out if the Director suspects on reasonable grounds that the vulnerable adult may be at risk of abuse. 18. The powers of authorised officers are outlined under section 19 of the Bill. They include powers such as the power to require any person who is in a position to provide information relating to a vulnerable adult to answer any question put by the authorised officer on that subject. They also include powers to require a person to produce documents. These powers are consistent with those recommended for safeguarding agencies in the ALRC Report. Furthermore, section 19(1) provides that the powers may be exercised in circumstances where a vulnerable adult is suspected of being at risk of serious abuse. 19. The Society notes that the powers of authorised officers also include the power to enter and remain on any premises, place, vehicle or vessel; inspect any premises, place, vehicle or vessel; and use reasonable force to break into or open any part of, or anything in or on, any premises, place, vehicle or vessel. 20. Section 19(2) provides that an authorised officer may only use force to enter any premises, place, vehicle or vessel, or break into or open any part of, or anything in or on, any premises, place, vehicle or vessel 20.1 on the authority of a warrant issued by a magistrate; or 20.2 if entry to the premises, place, vehicle or vessel has been refused or cannot be gained; 20.3 and the authorised officer believes on reasonable grounds that the delay that would ensue as result of applying for a warrant would significantly increase the risk of harm, or further harm, being caused to a vulnerable adult; and 20.4 the use of force has been approved by the Director. 21. The Society notes that the ALRC recommended that Australian safeguarding agencies should not have powers of entry. The Bill goes beyond the recommended scope of coercive powers in this respect. 22. While there may be some serious cases where the power of entry is required, for example, where the person refusing entry is the person thought to be abusing an at-risk adult, the Society submits that the power of entry and inspection without consent, should be restricted to police agencies.
5 5 23. The Society further notes that the Director has the power apply for an order of the Court, if the Director reasonably suspects that a vulnerable adult is at risk of abuse under section 31 of the Bill. 24. The Society notes the explicit inclusion of protections in section 51(3) of the Bill, including legal professional privilege. Section 51(4) provides that a person is excused from answering a question or producing a document or other material if the person could not be compelled to answer the question or produce the document or material in proceedings in the Supreme Court. As such, the right against self-incrimination is preserved. 25. The Society understands that coercive powers are important in allowing bodies, such as the Unit, to gather information and perform its statutory functions. However, these powers must also be balanced by appropriate safeguards to protect the rights of individuals. Therefore, it is appropriate that established criminal law protections are maintained under the Bill. Protection for Notifiers 26. Recommendation 14-7 of the ALRC Report specifically recommends that adult safeguarding laws should provide that any person who, in good faith, reports abuse to an adult safeguarding agency should not, as a consequence of their report, be: 26.1 liable civilly, criminally or under an administrative process; 26.2 found to have departed from standards of professional conduct; 26.3 dismissed or threatened in the course of their employment; or 26.4 discriminated against with respect to employment or membership in a profession or trade union. 27. The Society notes that section 50 of the Bill provides that a person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under the Act commits an act of victimisation. Detriment is defined to include discrimination, disadvantage or adverse treatment in relation to a person s employment. 28. Section 51 of the Bill provides for various protections, privileges and immunities. Section 51(1) states that no liability attaches to the Director or any other person for any act or omission in good faith in the exercise of powers or functions under this or any Act. The Society assumes that section 51(1) would apply to those who report to the Unit, a suspicion that a vulnerable adult is at risk of abuse under section 22(1).
6 6 29. The Society considers that any person who, in good faith, reports abuse to the Unit, should not as a consequence of their report, be liable under civil or criminal law, or under an administrative process. 30. The Society further notes section 51(6) provides that a person who does anything in accordance with this Act, or as required or authorised under this Act, cannot by so doing be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct. 31. The protections under Bill are consistent with the ALRC recommendations as noted above and supported by the Society. 5 Review process 32. The Society notes that a person who is aggrieved by the decision of the Unit is entitled to an internal review of the decision by the Chief Executive under section 38 of the Bill. If a person is dissatisfied with the determination of the Chief Executive under section 38, where that determination relates to circumstances in which a vulnerable adult is, or is suspected of being, at risk of serious abuse, they may apply to the Ombudsman for a review of the determination under section 40 of the Bill. 33. Furthermore, the Society notes that an independent review of the Act is to be conducted within its first three years of operation. The safeguarding provisions will only apply to vulnerable adults aged 65 years or older, or 50 years or older for Aboriginal and Torres Strait Islanders in the first three years of operation. An independent review will enable the operation of the legislation to be properly considered and any necessary changes/improvements made before the scope of the Bill widens to all vulnerable adults. General Comments 34. The Society notes recommendation five of the Report of the Joint Committee on matters relating to Elder Abuse that a South Australian Elder Abuse Prevention Unit be established. The Report of the Joint Committee recommends (as previously recommended in the Closing the Gaps report) that the Adult Protection Unit could be developed through an expansion of the Office of the Public Advocate, or established inside a State Government Department, such as the Department of Communities and Social Inclusion, with an across-government focus for whole-of-government policy. 35. One of the benefits seen in expanding the powers of public advocates/guardians to investigate elder abuse and assist older persons who are or may be experiencing abuse to access services is related to the fact that these agencies already have extensive experience and expertise in working with older persons and persons with disabilities and are therefore well placed to understand the needs specific to those groups of persons. 5 Ibid.
7 7 36. It is seen to be an advantage to have the function bestowed upon the public advocate/guardian to promote and support older people to participate equally in their community and access services and advice. 6 As such, it is important that the Unit is staffed by persons with equivalent expertise. I trust these comments are of assistance. We would be pleased to provide further comment or assistance. Yours sincerely Tim Mellor PRESIDENT Phone: (08) President@lawsocietysa.asn.au 6 Law Council of Australia, Submission to the Australian Law Reform Commission's Elder Abuse Discussion Paper March 2017
Adult Support and Protection (Scotland) Act Code of Practice
Adult Support and Protection (Scotland) Act 2007 Code of Practice April 2014 ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 CODE OF PRACTICE FOR AUTHORITIES AND PRACTITIONERS EXERCISING FUNCTIONS UNDER
More informationThird phase ( ) of the World Programme for Human Rights Education
Third phase (2015-2019) of the World Programme for Human Rights Education AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS 2 April 2013 ABN 47 996 232
More information1. I refer to your letter of 19 July 2018 in relation to the Statutes Amendment (Domestic Violence) Bill 2018 ( the Bill ).
31 August 2018 TM;af The Hon Vickie Chapman MP Attorney-General GPO Box 464 ADELAIDE SA 5000 via email: Dear Ms Attorney Statutes Amendment (Domestic Violence) Bill 2018 1. I refer to your letter of 19
More informationOfficial Visitor Bill 2012
0 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Amanda Bresnan) Official Visitor Bill 0 Contents Part Preliminary Page Name of Act Commencement Dictionary Notes Offences
More informationChildren and Young Persons (Care and Protection) Act 1998 No 157
New South Wales Children and Young Persons (Care and Protection) Act 1998 No 157 Status information Currency of version Current version for 10 May 2011 to date (generated 29 June 2011 at 15:21). Legislation
More informationEnforcement guidelines. October 2015
Enforcement guidelines October 2015 1 INTRODUCTION 1.1 Background Under the Electricity Act 1994 (Qld) (Electricity Act), Gas Supply Act 2003 (Qld) (Gas Act) the QCA is responsible for enforcing the Electricity
More informationNumber 28 of Criminal Justice (Victims of Crime) Act 2017
Number 28 of 2017 Criminal Justice (Victims of Crime) Act 2017 Number 28 of 2017 CRIMINAL JUSTICE (VICTIMS OF CRIME) ACT 2017 CONTENTS PART 1 PRELIMINARY Section 1. Short title and commencement 2. Interpretation
More informationIntroduction 3. The Meaning of Mental Illness 3. The Mental Health Act 4. Mental Illness and the Criminal Law 6. The Mental Health Court 7
Mental Health Laws Chapter Contents Introduction 3 The Meaning of Mental Illness 3 The Mental Health Act 4 Mental Illness and the Criminal Law 6 The Mental Health Court 7 The Mental Health Review Tribunal
More informationNumber 14 of 2005 DISABILITY ACT 2005 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General. 5. Provision of resources and extent of provision.
Number 14 of 2005 DISABILITY ACT 2005 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Orders and regulations. 4. Expenses. 5. Provision
More informationWomen and Children s Safety Program. Women s Refuges and Housing Program DRAFT Bill No. XXX, April 2016 draft
Women and Children s Safety Program Women s Refuges and Housing Program DRAFT Bill 2016 No. XXX, 2015 15 April 2016 draft A Bill relating to financial assistance to the States, the Australian Capital Territory
More informationFunding of the Custody Notification Service, Aboriginal Legal Service (NSW & ACT)
PO Box A147 Sydney South NSW 1235 Sydney president@alhr.org.au www.alhr.org.au 3 June 2013 Senator Nigel Scullion Minister for Indigenous Affairs By email: Senator.Scullion@aph.gov.au Dear Senator Scullion,
More informationNATIONAL VETTING BUREAU BILL 2011 PRESENTED BY THE MINISTER FOR JUSTICE, EQUALITY AND DEFENCE
27 July 2011 DRAFT HEADS NATIONAL VETTING BUREAU BILL 2011 PRESENTED BY THE MINISTER FOR JUSTICE, EQUALITY AND DEFENCE ARRANGEMENT OF SECTIONS PART 1 1. Short title and commencement. 2. Interpretation.
More informationTHE FOOTBALL ASSOCIATION S SAFEGUARDING VULNERABLE ADULTS POLICY
248 THE FOOTBALL ASSOCIATION S SAFEGUARDING POLICY The FA is committed to football being inclusive and providing a safe and positive experience for everyone involved in the game. Whilst it is hoped that
More informationDear Ms Niles, Statutory review of the Child Protection (Working with Children) Act 2012
9 June 2017 Ms Sharminie Niles Director Legal Services Office of the Children s Guardian By email: sharminie.niles@kidsguardian.nsw.gov.au Dear Ms Niles, Statutory review of the Child Protection (Working
More informationMONEY SERVICES LAW. (2010 Revision) Law 13 of 2000 consolidated with Law 38 of 2002 and Law 35 of 2009.
Supplement No. 12 published with Gazette No. 23 of 8th November, 2010 MONEY SERVICES LAW (2010 Revision) Law 13 of 2000 consolidated with Law 38 of 2002 and Law 35 of 2009. Revised under the authority
More informationNATSILS Submission on the Australian Human Rights Commission Amendment (National Children s Commissioner) Bill 2012
NATSILS Submission on the Australian Human Rights Commission Amendment (National Children s Commissioner) Bill 2012 June 2012 1 June 2012 Committee Secretary Senate Legal and Constitutional Affairs Committee
More informationContact the Responsible Director HR19/ N.B. This policy replaces the Protection of Children and Vulnerable Adults Policy
Approval required from Name Date approved Policy Owner: Head of HR June 2018 Responsible Director: Finance Director June 2018 Board approval Board July 2018 Queries on policy content: Permission for derogation
More informationPublic Services Ombudsman (Wales) Bill
Public Services Ombudsman (Wales) Bill i ACCOMPANYING DOCUMENTS Explanatory Notes and an Explanatory Memorandum are printed separately. Public Services Ombudsman (Wales) Bill [AS INTRODUCED] CONTENTS PART
More information14 October The Australian Law Reform Commission Level 40, MLC Tower 19 Martin Place Sydney NSW to:
14 October 2011 The Australian Law Reform Commission Level 40, MLC Tower 19 Martin Place Sydney NSW 2000 Email to: khanh.hoang@alrc.gov.au Dear Australian Law Reform Commission, Re: Family Violence and
More informationPolicy Checklist Interim Southern Health & Social Care Trust Safeguarding Vulnerable Adults Policy, Operational Procedures and Guidance
Page 1 of 22 Name of Policy: Purpose of Policy: Directorate responsible for Policy Name & Title of Author: Does this meet criteria of a Policy? Trade Union consultation? Equality Screened by: Policy Checklist
More informationJoint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service. In partnership challenging domestic abuse
Joint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service In partnership challenging domestic abuse Purpose 1. We recognise that domestic abuse can have a significant and
More informationGuidance for Children s Social care Staff around the use of Police Protection
Guidance for Children s Social care Staff around the use of Police Protection This Guidance has been issued in response to concerns raised at the Inspection of Safeguarding and Looked After Children Services
More informationADULT PROTECTIVE SERVICES LEGAL TOOLS
ADULT PROTECTIVE SERVICES LEGAL TOOLS Criminal Statutes G.S. 14 32.3 imposes criminal penalties for the abuse and neglect of disabled or elder adults living in a domestic setting by a caretaker. G.S. 14-112.2
More informationChildren (Protection and Parental Responsibility) Act 1997 No 78
New South Wales Children (Protection and Parental Responsibility) Act 1997 No 78 Contents Part 1 Preliminary 1 Name of Act 2 Commencement 3 Definitions 4 Operation of Act 5 Notes Page Part 2 Parental responsibility
More informationSubmission to the Legal Affairs and Community Safety Committee. Victims of Crime Assistance and Other Legislation Amendment Bill 2016
Submission to the Legal Affairs and Community Safety Committee Victims of Crime Assistance and Other Legislation Amendment Bill 2016 16 January 2016 1 Introduction knowmore is an independent, national
More informationOLDER PERSONS ACT 13 OF 2006
Page 1 of 22 OLDER PERSONS ACT 13 OF 2006 [ASSENTED TO 29 OCTOBER 2006] [DATE OF COMMENCEMENT: TO BE PROCLAIMED] (English text signed by the President) ACT To deal effectively with the plight of older
More informationSubmission to the Standing Committee on Community Affairs regarding the Extent of Income Inequality in Australia
22 August 2014 Committee Secretary Senate Standing Committees on Community Affairs PO Box 6100 Parliament House Canberra ACT 2600 Via email: community.affairs.sen@aph.gov.au Dear Members Submission to
More informationFuture of Work. Temporary Overseas Worker Policy
Future of Work Temporary Overseas Worker Policy 1. The ACTU believes that the current and future skills needs of Australia can be best met through a strategic approach to: a) skill development, including
More informationSubmission to the Senate Community Affairs Legislation Committee: Social Services Legislation Amendment (Welfare Reform) Bill 2017
Submission to the Senate Community Affairs Legislation Committee: Social Services Legislation Amendment (Welfare Reform) Bill 2017 August 2017 Australian Association of Social Workers National Office Melbourne
More informationQuestionnaire to Governments
Questionnaire to Governments The report of the 13 th Session of the UN Permanent Forum on Indigenous Issues provides a number of recommendations within its mandated areas, some of which are addressed to
More informationQueensland FREEDOM OF INFORMATION ACT 1992
Queensland FREEDOM OF INFORMATION ACT 1992 Act No. 42 of 1992 Queensland FREEDOM OF INFORMATION ACT 1992 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Division 1 Introductory Page 1 Short title.....................................................
More informationFramework for Safeguarding in prisons and approved premises
Hampshire Safeguarding Adults Board Framework for Safeguarding in prisons and approved premises Hampshire and Isle of Wight Guidance May 2015 This framework provides guidance on adult safeguarding in prisons
More informationOfficial Journal of the European Union. (Legislative acts) DIRECTIVES
21.5.2016 L 132/1 I (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2016/800 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 11 May 2016 on procedural safeguards for children who are suspects or accused persons
More informationVictorian Aboriginal Legal Service Co-operative Ltd.
Victorian Aboriginal Legal Service Co-operative Ltd. Head Office: 6 Alexandra Parade, P.O. Box 218 Fitzroy, Victoria 3065 Phone: (03) 9419 3888 (24 Hrs) Fax: (03) 9419 6024 Toll Free: 1800 064 865 VALS
More informationTHE FOOTBALL ASSOCIATION S SAFEGUARDING VULNERABLE ADULTS POLICY
VULNERABLE ADULTS 2016-2017 241 THE FOOTBALL ASSOCIATION S SAFEGUARDING VULNERABLE ADULTS POLICY The FA is committed to football being inclusive and providing a safe and positive experience for everyone
More informationCONSTITUTION JAMES COOK UNIVERSITY STUDENT ASSOCIATION
JAMES COOK UNIVERSITY STUDENT ASSOCIATION CONSTITUTION As approved by the James Cook University Council on 1 June 2017 Effective from date of JCUSA Council Meeting on 12 June 2017 PAGE 1 OUR MISSION The
More informationLegal Studies. Stage 6. Syllabus
Legal Studies Stage 6 Syllabus 2009 1 7 Content: Preliminary course Part I: The legal system 40% of course time Principal focus: Students develop an understanding of the nature and functions of law through
More informationIndicators: volunteering; social cohesion; imprisonment; crime victimisation (sexual assault); child maltreatment; suicide.
This domain includes themes of social cohesion, justice and community safety, child safety and suicide. Research shows a link between poverty and disadvantage and increased levels of social exclusion,
More informationIntroduction. Appearing in the Coronial jurisdiction
Very narrow scope for today Introduction Appearing in the Coronial jurisdiction Ed Whitton- Lawyer, Legal Aid Queensland - Serious Crime. The basics- What to do and to know when you end up with an inquest
More informationTHE ASSOCIATION S POLICY ON SAFEGUARDING ADULTS AT RISK
SAFEGUARDING ADULTS AT RISK 2017-2018 217 THE ASSOCIATION S POLICY ON SAFEGUARDING ADULTS AT RISK DEFINITIONS For the purpose of this Policy the following definitions apply: 1. Adult at Risk 1 2. Abuse
More informationTHE ASSOCIATION S POLICY ON SAFEGUARDING ADULTS AT RISK
THE ASSOCIATION S POLICY ON SAFEGUARDING ADULTS AT RISK DEFINITIONS For the purpose of this Policy the following definitions apply: POLICY 1. Adult at Risk 1 Means any adult who is or may be in need of
More informationSubmission by YOUTH ADVOCACY CENTRE INC. Inquiry of the Legal Affairs and Community Safety Committee. Human Rights Bill 2018
Submission by YOUTH ADVOCACY CENTRE INC to the Inquiry of the Legal Affairs and Community Safety Committee In relation to the Human Rights Bill 2018 Young people that we work with have a clear message
More informationNSWCCL SUBMISSION to. The Senate Legal and Constitutional Affairs Legislation Committee
NSWCCL SUBMISSION to The Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017 23 June 2017 1 About
More informationThe Hon Justice Peter McClelland AM Royal Commission into Institutional Responses to Child Sexual Abuse GPO Box 5283 Sydney NSW 2001 Australia
14 April 2015 The Hon Justice Peter McClelland AM Royal Commission into Institutional Responses to Child Sexual Abuse GPO Box 5283 Sydney NSW 2001 Australia Dear Justice McClelland, SUPPLEMENTARY SUBMISSION
More informationADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007
ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes have been prepared by the Scottish Executive in order to assist the reader of the Act. They do
More informationAge of Criminal Responsibility (Scotland) Bill [AS AMENDED AT STAGE 2]
Age of Criminal Responsibility (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section PART 1 AGE OF CRIMINAL RESPONSIBILITY 1 Raising the age of criminal responsibility 2 Raising the age of criminal
More informationSTUDENT DISCIPLINE PROCEDURE 2016
STUDENT DISCIPLINE PROCEDURE 2016 Office of General Counsel Building E11A/211 Macquarie University NSW 2109 Minor Amendments: 30 July 2018 updated definition of Serious Misconduct. 12 March 2018 updated
More informationRegistration Authority Registration & Licensing Handbook
Registration Authority Registration & Licensing Handbook CONTENTS The contents of this handbook are divided into the following chapters and sections 1. Introduction... 3 2. Application... 3 CHAPTER 1...
More informationThe Honourable Paul Lucas MP Attorney-General, Minister for Local Government and Special Minister of State PO Box CITY EAST QLD 4002
Your Ref: Community Consultation: Standard Non-Parole Periods Our Ref: Criminal Law Committee: 21000339/142 8 November 2011 The Honourable Paul Lucas MP Attorney-General, Minister for Local Government
More informationCODE OF PROFESSIONAL CONDUCT & DISCIPLINARY PROCEDURES
CODE OF PROFESSIONAL CONDUCT & DISCIPLINARY PROCEDURES SMSF Association 9 September 2016 Version 1.2 dated 09 September 2016 Overview The SMSF Association is a self-regulating professional association
More informationPOLICY - COMPLIANCE. Public Interest Disclosure Policy
1. Policy Statement Hinchinbrook Shire Council ( Council ) is committed to the promotion of the public interest and encourages and supports Public Interest Disclosures ( PIDs ) of wrong doing in Council.
More informationSOUTH AUSTRALIA: NUNGA COURT II- ABORIGINAL SENTENCING CONFERENCES
SOUTH AUSTRALIA: NUNGA COURT II- ABORIGINAL SENTENCING CONFERENCES Dr Andrew Cannon 1 Background The Nunga Court was initiated by Chris Vass SM in South Australia and has been copied with variations to
More informationGETTING CONNECTED IN LOGAN RIVER VALLEY POLICE AND COMMUNITY SERVICES COORDINATED RESPONSE TO DOMESTIC VIOLENCE
GETTING CONNECTED IN LOGAN RIVER VALLEY POLICE AND COMMUNITY SERVICES COORDINATED RESPONSE TO DOMESTIC VIOLENCE Sergeant Maree Foelz Logan District Domestic Violence Response Coordinator Queensland Police
More informationSUBMISSION to JOINT STANDING COMMITTEE ON MIGRATION: INQUIRY INTO MULTICULTURALISM IN AUSTRALIA
SUBMISSION to JOINT STANDING COMMITTEE ON MIGRATION: INQUIRY INTO MULTICULTURALISM IN AUSTRALIA April 2011 c/- Centre for Multicultural Youth 304 Drummond Street Carlton VIC 3053 P (03) 9340 3700 F (03)
More informationPUBLIC INTEREST DISCLOSURE POLICY
1 Policy Statement At Tourism and Events Queensland (TEQ), we believe that Public Interest Disclosures (PIDs) and the ability to make such disclosures without retaliation or reprisal is critically important,
More informationLaws Relating to Individual Decision Making
Laws Relating to Individual Decision Making CHAPTER CONTENTS Introduction 3 Impaired Decision-making Capacity 3 Powers of Attorney 4 General Powers of Attorney 5 Enduring Powers of Attorney 6 Advance Health
More informationQueensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992
Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992 Act No. 46 of 1992 Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992 Section TABLE OF PROVISIONS Page 1 Short title.....................................................
More informationSummary of VICTIMS RIGHTS in the process of criminal justice
Summary of VICTIMS RIGHTS in the process of criminal justice Guiding principles The rights of victims of crime must be accorded the same priority as those of the defendant The process of dealing with the
More informationLegal Assistance Guidelines
Legal Assistance Guidelines Reprinted with Amendments: 17 August 2017 1 CONTENTS INTRODUCTION... 4 LEGAL AID SERVICES... 4 Information... 4 Legal advice... 4 Duty lawyer... 4 Legal Tasks... 4 Legal Assistance...
More informationMulticultural Youth Advocacy Network (MYAN Australia) Submission to the Select Committee on Strengthening Multiculturalism
Multicultural Youth Advocacy Network (MYAN Australia) Submission to the Select Committee on Strengthening Multiculturalism May 2017 MYAN Australia Multicultural Youth Advocacy Network (MYAN) is Australia
More informationThe Mental Health of Children and Young People in Northern Ireland
The Mental Health of Children and Young People in Northern Ireland In Northern Ireland over 20% of children under 18 years of age suffer significant mental health problems 2012/13 7.9% of the mental health
More informationThe Independence of Human Rights Institutions
4 The Independence of Human Rights Institutions Gillian Triggs National Human Rights Institutions (NHRIs) are seen as an integral part of the protection of human rights in the 21st century. These institutions
More information*HB0025* H.B CHILD WELFARE - LICENSING AND 2 MANAGEMENT INFORMATION SYSTEMS
LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: T.R. Vaughn 6 6 12-16-05 1:29 PM 6 H.B. 25 1 CHILD WELFARE - LICENSING AND 2 MANAGEMENT INFORMATION SYSTEMS 3 2006 GENERAL SESSION 4 STATE OF UTAH 5 Chief
More informationSUMMARY OF RECOMMENDATIONS ROYAL COMMISSION INTO FAMILY VIOLENCE
SUMMARY OF RECOMMENDATIONS ROYAL COMMISSION INTO FAMILY VIOLENCE SUBMISSION 1 IMPROVING THE FAMILY VIOLENCE LEGAL SYSTEM High level recommendations Governance 1. The State Government create a governance
More informationChild Protection (Offenders Prohibition Orders) Act 2004 No 46
New South Wales Child Protection (Offenders Prohibition Orders) Act 2004 No 46 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Child protection prohibition orders
More informationNSW Council for Civil Liberties Inc.
NSW Council for Civil Liberties Inc. Postal address: PO BOX A1386 SYDNEY SOUTH NSW 1235 Office address: suite 203, 105 Pitt Street SYDNEY NSW 2000 Phone: 02 8090 2952 Fax: 02 8580 4633 Email: office@nswccl.org.au
More informationOFFICIAL MISCONDUCT AND PUBLIC INTEREST DISCLOSURE POLICY
OFFICIAL MISCONDUCT AND PUBLIC INTEREST DISCLOSURE POLICY DOCUMENT CONTROL Document Name: Version: 001 Official Misconduct and Public Interest Disclosure Policy Approved by: Board Date approved: 29 May
More informationBriefing Paper - Responding to children and young people in Juvenile Justice Centres in SA
Briefing Paper - Responding to children and young people in Juvenile Justice Centres in SA Introduction Shelter SA is the peak body for housing in South Australia. Shelter SA s vision is for all citizens
More informationAdvice of the Ombudsman for Children on the Immigration, Residence and Protection Bill 2008
Advice of the Ombudsman for Children on the Immigration, Residence and Protection Bill 2008 March 2008 Introduction The Immigration, Residence and Protection Bill was published on 24 January 2008 and its
More informationSafeguarding your drinking water quality
Safeguarding your drinking water quality Enforcement Policy February 2015 Introduction The Drinking Water Quality Regulator for Scotland (DWQR) is the independent regulator of drinking water for Scotland.
More informationVictims of Crime (Rights, Entitlements, and Notification of Child Sexual Abuse) Bill [HL]
Victims of Crime (Rights, Entitlements, and Notification of Child Sexual Abuse) Bill [HL] CONTENTS 1 Overview 2 Victims 3 Victims code of practice 4 Enforcement of the victims code of practice Area victims
More information285 LAWS OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES, CODIFIED
285 LAWS OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES, CODIFIED TITLE III CHAPTER 5 - ADULT PROTECTION Part 1 - General Provisions 3-5-101. Purpose. The purpose of this Chapter is to prevent harm to
More informationMulti-disciplinary partnerships ( MDPs )
Information kit for Multi-disciplinary partnerships ( MDPs ) Version 6.0 28-06-2011 Practice support The (the Society ) has prepared this information kit to assist legal practitioners in understanding
More informationMaking a protected disclosure blowing the whistle
Making a protected disclosure blowing the whistle If you re concerned about serious wrongdoing in or by your organisation, the Ombudsman is able to provide information and guidance. The Protected Disclosures
More informationVictims of Crime Etc (Rights, Entitlements and Related Matters) Bill
Victims of Crime Etc (Rights, Entitlements and Related Matters) Bill CONTENTS 1 Victims 2 Duty to notify police of child sexual abuse 3 Establishment and conduct of homicide reviews 4 Statutory duty on
More informationTertiary Education Quality and Standards Agency Act 2011
Tertiary Education Quality and Standards Agency Act 2011 Act No. 73 of 2011 as amended This compilation was prepared on 3 October 2012 taking into account amendments up to Act No. 136 of 2012 The text
More informationCouncil meeting 15 September 2011
Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.
More informationAGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) BILL
AGE OF CRIMINAL RESPONSIBILITY (SCOTLAND) BILL EXPLANATORY NOTES INTRODUCTION 1. As required under Rule 9.3.2A of the Parliament s Standing Orders, these Explanatory Notes are published to accompany the
More informationin partnership, challenging DOMESTIC ABUSE
in partnership, challenging DOMESTIC ABUSE Joint Protocol Between Association Of Chief Police Officers In Scotland (ACPOS) and Crown Office And Procurator Fiscal Service (COPFS) DOMESTIC ABUSE PURPOSE
More informationPolice Warnings and Cautions under the Young Offenders Act 1997 A summary
FACT SHEET For lawyers Police warnings and cautions under the Young Offenders Act 1997 a summary IMPORTANT This Document only provides general information. It is not intended to be a substitute for a close
More informationCode of Ethics for the Garda Síochána
Code of Ethics for the Garda Síochána The Policing Principles established by the Garda Síocháná Act 2005 Policing services must be provided: Independently and impartially, In a manner that respects human
More informationConsolidated Practice Committee Rules
Consolidated Practice Committee Rules Health and Care Professions Council (Practice Committees and Miscellaneous Amendments) Rules 2009 Health and Care Professions Council (Investigating Committee) (Procedure)
More informationHow to write to request Ministerial Intervention
How to write to request Ministerial Intervention The purpose of this factsheet is to explain how to write a letter to request Ministerial Intervention under either s 417 or s 48B of the Migration Act,
More informationCOMPLAINTS AND DISCIPLINARY POLICY
COMPLAINTS AND DISCIPLINARY POLICY No: BE524 Issue: 2 Date: February 2016 Author: M. Scott Approved: Sports Sub Committee 27.01.2016 Glossary of terms In this policy the following terms have the meanings
More informationHuman Rights Legislation Amendment Bill 2017 No., 2017
0-0 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Human Rights Legislation Amendment Bill 0 No., 0 (Attorney-General) A Bill for an Act to amend legislation
More informationTHE CHILD INSTITUTIONAL ABUSE: CURRENT KNOWLEDGE AND PRACTICES Romanian Report, Legal Framework 1 BABES-BOLYAI UNIVERSITY, CLUJ-NAPOCA
THE CHILD INSTITUTIONAL ABUSE: CURRENT KNOWLEDGE AND PRACTICES Romanian Report, Legal Framework 1 BABES-BOLYAI UNIVERSITY, CLUJ-NAPOCA Jurist: Dora Calian 1. Description of the legislation, policies, procedures
More informationCONSOLIDATED PRACTICE COMMITTEE RULES
CONSOLIDATED PRACTICE COMMITTEE RULES Health and Care Professions Council (Practice Committees and Miscellaneous Amendments) Rules 2009 Health and Care Professions Council (Investigating Committee) (Procedure)
More informationSOCIAL CARE WALES (INVESTIGATION) RULES 2017 INTERNAL VERSION
SOCIAL CARE WALES (INVESTIGATION) RULES 2017 INTERNAL VERSION APRIL 2017 PLEASE NOTE: this copy of the Rules is for the use of Social Care Wales staff, panel members, presenters and legal advisers only.
More informationAn Overview of the Florida Statutes Dealing with Elder Abuse
An Overview of the Florida Statutes Dealing with Elder Abuse By: Joseph W. Jay Fleece, III 2014 Legacy Protection Lawyers Historically, Florida has a large retirement population most of whom are over the
More informationCHAPTER 2 BILL OF RIGHTS
7. Rights CHAPTER 2 BILL OF RIGHTS (1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human
More informationPolicies and Procedures of the TENNESSEE JOINT TASK FORCE ON CHILDREN S JUSTICE & CHILD SEXUAL ABUSE
Policies and Procedures of the TENNESSEE JOINT TASK FORCE ON CHILDREN S JUSTICE & CHILD SEXUAL ABUSE TABLE OF CONTENTS A. JOINT TASK FORCE ROLES B. JOINT TASK FORCE PURPOSE C. JOINT TASK FORCE MEMBERSHIP
More informationAge Discrimination Act 2004
Age Discrimination Act 2004 Act No. 68 of 2004 as amended This compilation was prepared on 1 July 2004 incorporating amendments up to Act No. 52 of 2004 The text of any of those amendments not in force
More informationDraft Safeguarding and Clergy Discipline Measure
GS 192A Draft Safeguarding and Clergy Discipline Measure CONTENTS Safeguarding children and vulnerable adults 1 Clergy: suspension 2 Churchwardens: disqualification and suspension 3 Parochial church council
More informationKey elements of the Work Health and Safety Bill
Australian Mines and Metals Association Key elements of the Work Health and Safety Bill The final version of the model national OHS legislation is called the Work Health and Safety Bill, representing a
More informationREPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID-AFRIKA Vol. 497 Cape Town,
REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID-AFRIKA Vol. 497 Cape Town, Kaapstad, 2 November 2006 No.29346 THE PRESIDENCY No. 1098 2 November 2006 It is hereby notified that the President has assented to
More informationDomestic Violence NSW
` Domestic Violence NSW APPREHENDED DOMESTIC VIOLENCE ORDERS FACTSHEET AND INFORMATION FOR YOU August 2015 Page 1 APPREHENDED DOMESTIC VIOLENCE ORDERS What is an Apprehended Domestic Violence Order? An
More informationCHILDREN AND YOUNG PERSONS ACT (CHAPTER 38)
CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38) Act 1 of 1993 REVISED EDITION1994 REVISEDEDITION 2001 20 of 2001 An Act to consolidate the law relating to children and young persons. [21st March 1993] PART
More information2. Definitions Bullying: the persistent and ongoing ill treatment of a person that victimises, humiliates, undermines or threatens that person.
PL_AC_014: Student Conduct Policy Policy Category Academic Document Owner Chief Customer Officer Responsible Officer Director, Campus Life Review Date August 2019 Academic Integrity Policy Related Documents
More informationDetermination of the Disciplinary Tribunal of Chartered Accountants Australia and New Zealand 16 September 2016
Determination of the Disciplinary Tribunal of Chartered Accountants Australia and New Zealand 16 September 2016 Case Number: D-1135 Member: Richard John Wade CA Hearing Date: 16 September 2016 Tribunal:
More informationTitle: Police and Criminal Evidence Act (PACE) 1984
Title: Police and Criminal Evidence Act (PACE) 1984 Protocol for the Transfer of Children and Young People to Local Authority Accommodation from Police Custody to Local Authority Accommodation (PACE bed)
More information