Beruflich Dokumente
Kultur Dokumente
No. 33 of 2016
______________________________
An Act to provide for the welfare, care and protection of all children in Nauru and for
the enforcement of the rights of children as provided for by international
conventions, norms and standards, while taking account of Nauruan culture,
traditions and values, and for related purposes.
Table of Contents
PART 1 - PRELIMINARY ....................................................................................................................................1
7 FUNCTIONS AND POWERS OF THE MINISTRY RELATING TO CHILD PROTECTION AND WELFARE ... 4
8 RESPONSIBILITIES AND POWERS OF THE MINISTER, THE SECRETARY AND THE DIRECTOR .......... 5
9 AUTHORISED OFFICERS ............................................................................................................................ 8
10 ADVISORY AND REGULATORY COMMITTEES OR BOARDS .................................................................... 8
11 DELEGATION OF POWERS ......................................................................................................................... 9
12 POWERS OF ENFORCEMENT .................................................................................................................. 10
PART 3 – ARRANGEMENTS FOR THE PROTECTION OF CHILDREN ..........................................................10
PART 1 - PRELIMINARY
1 Short title
This Act may be cited as the Child Protection and Welfare Act 2016.
2 Commencement
3 Definitions
1
‘Secretary’ means the Secretary of the Ministry, and includes:
(3) Reference may be had to the definitions and other provisions of the
Convention on the Rights of the Child to determine the meaning of
any word or phrase used in this Act, and to assist in determining the
purpose or effect of any process or requirement applied under this
Act.
(4) When required to act in the best interests of a child for the purposes
of this Act, the action must be entirely consistent with the principles
stated in Article 3 of the Convention on the Rights of the Child.
5 Guiding Principles
(1) The core principle for administering this Act is that the safety,
wellbeing and best interests of a child are paramount.
(3) When interpreting or applying any provision of this Act, and when
exercising any power, duty or function related to the protection of a
child or the promotion of the welfare of children, all persons must act
in accordance with the following principles:
(b) a child’s family has the primary responsibility for the child’s
upbringing, protection and development;
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(d) if a child does not have a parent who is able and willing to
protect the child, the Government is responsible for protecting
the child;
(g) if a child does not have a parent able and willing to give the child
ongoing protection in the foreseeable future, the child should
have long-term alternative care;
(i) if a child is removed from the child’s family, the child should be
placed with the child’s siblings, to the extent that is possible;
(i) for a stable connection with the child’s family and community,
to the extent that is in the child’s best interests; and
(m) a child should be able to know, explore and maintain the child’s
identity and values, including his or her cultural, ethnic and
religious identity and values;
(1) Any law which relates to the rights of children, or which provides for
processes relevant to dealing with children in any manner and in
any context, must be read and applied subject to the provisions of
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this Act, and in the event of any inconsistency between the
provisions of this Act and of any other law, the provisions of this Act
must prevail.
(2) The following provisions apply to all laws which make provision in
relation to children, and such laws are deemed to be amended in
accordance with this section:
(a) the use of terms such as “infant”, “young person” and any other
expression referable to a child is to be read as a reference to
“child” or “children”, as the case may be;
(1) The functions of the Ministry relating to the protection and welfare of
all children include responsibilities relating to all of the following:
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enforcement of criminal laws relating to the abuse, exploitation
and trafficking of children;
(g) to ensure that approved carers are given responsibilities for the
care and protection of children in accordance with the
procedures provided for in this Act;
(i) to review the implementation of this Act and other the laws which
protect the rights and welfare of children in Nauru on an on-
going basis, and to make recommendations for any
amendments and modifications to ensure that the Convention on
the Rights of the Child and other international conventions are
complied with;
(k) to ensure that information gained, obtained and used for the
purposes of this Act is kept confidential, and that the rights of
children and persons who provide information concerning any
threat to a child are protected;
(2) The Ministry has all powers necessary for, or incidental to, any of its
functions under this section.
(1) The Minister, the Secretary and the Director may perform all of the
functions provided by this Act, and may exercise any power and
take any action that is necessary for or incidental to the performance
of the functions of the Ministry under this Act.
5
(a) to approve or make appointments of authorised officers as
provided by section 9, and to require action to be taken by
authorised officers in support of the exercise of a power by the
Minister under this Act;
(e) to take action required of State Parties for the application and
enforcement of the rights of children under the Convention on
the Rights of the Child, and other international conventions
which provide for the rights and welfare of children;
(e) to regulate approved carers, and ensure that they comply with
approved standards of care;
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(f) to take any action necessary for the application and enforcement
of the rights of children under this Act and the Convention on the
Rights of the Child;
(d) to monitor approved carers, and ensure that they comply with
approved standards of care;
(e) to take any action necessary for the application and enforcement
of the rights of children under this Act and the Convention on the
Rights of the Child and other international conventions which
provide for the rights and welfare of children;
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(5) In addition to the powers prescribed in subsections (3) and (4), the
Secretary and Director have authority to make any necessary
arrangements for the care and well-being of a child who has been
taken into the Minister's custody under this Act, or if the Minister
becomes the guardian of the child pursuant to a court order made
under this Act, or by any other legal process.
(6) In the performance of any functions and the exercise of any power
under this Act, the Minister, Secretary and Director have authority to
determine priorities for action to be taken, having regard to available
resources, and may request or require any other government
agency having responsibilities in relation to specific groups of
children to take the lead role in ensuring that the rights and welfare
of children are protected and promoted.
9 Authorised officers
(1) The Secretary and Director are authorised to exercise all of the
powers of an authorised officer under this Act.
(3) The Secretary may, from time to time and with the approval of the
Minister, appoint any employee of the Ministry to be an authorised
officer for the purposes of this Act, and may revoke any
appointment.
(4) The Minister may appoint any public servant or other person who is
not an employee of the Ministry, to be an authorised officer for the
purpose of this Act, but any such person is not to be regarded as an
employee of the Ministry by reason of such an appointment.
(5) The Secretary may, with the approval of the Minister, designate any
office within the Ministry so that any person holding that office from
time to time is an authorised officer for the purposes of this Act.
(6) All authorised officers appointed under this section, whether officers
of the Ministry or not, must act in accordance with directions given
by the Secretary and the Director, and if they are full time officers or
employees of the Public Service they are not entitled to any
additional remuneration in respect of their appointment under this
section.
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(a) authorise a committee or board established under this section to
make enquiries, conduct research or make reports that the
Minister considers will assist the Minister or the Ministry to
efficiently administer this Act;
(2) The Minister must consider the nature of the community interest and
the matters to be addressed by a committee or board when
determining its membership, and must ensure that there is
appropriate representation of women, persons with disabilities and
community members with experience in relation to the care,
protection and welfare of children.
(b) the purpose for establishing the committee or board, and its
functions, roles, responsibilities and powers;
11 Delegation of powers
(1) The Minister and the Secretary may delegate to the Director, or to
any committee or board established under this Part, any of the
functions and powers which are conferred by this Act.
(3) The delegation of a function or power under this Act does not
prevent the Minister or Secretary, as the case may be, from
exercising that function or power.
(4) A delegation made under this section may be revoked at will by the
Minister or Secretary, as the case may be.
9
(5) A delegation made under this section by a Minister or Secretary who
subsequently ceases to hold office continues in force as if made by
that person’s successor in office, until such delegation is revoked.
12 Powers of enforcement
(e) to order that any act, matter or thing which may be adversely
affecting the welfare of a child cease or be removed.
(b) take other any other action that the Director considers
appropriate.
10
Director must immediately give details of the alleged harm to the
Commissioner of Police.
(3) Subsection (2) applies whether or not the Director suspects the child
is in need of protection.
(4) The Director must take action under this section if the Minister or
Secretary brings any case of alleged or suspected harm, or risk of
harm, to a child to the attention of the Director.
(2) If the child does not have a long-term guardian, the officer must, if
one more parent of the child is in Nauru:
(a) give details of the alleged harm or risk of harm to at least one of
the child’s parents; and
(i) tell at least one of the child’s parents about the outcome
of the investigation; and
(i) the nature and extent of the child’s connection with the
child’s parents;
(b) take the actions stated in subsection (2)(a) and (b) in relation to
the long term guardian
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(4) Despite subsections (2) and (3), the officer need only comply with
the requirements of subsection (2) or (3) to the extent the officer
considers is reasonable and appropriate in the particular
circumstances 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.
(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.
(b) the officer has been denied contact with the child, or cannot
reasonably gain entry to the place where the officer reasonably
believes the child is; and
(c) remain in the place, and have contact with the child for as long
as the officer reasonably considers necessary for investigating
the allegation or the child's circumstances.
(3) The officer may exercise a power under subsection (2) using such
assistance and force as is reasonable in the circumstances.
(4) The officer may arrange for a medical examination of the child, and
for medical treatment for the child that is necessary in the
circumstances.
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(5) At the first reasonable opportunity, the officer must record, in a
register kept for the purpose by the Ministry or the Police Force, full
details about the exercise of the powers and other actions taken by
the officer.
(d) the officer has lawfully entered, and is lawfully remaining at the
school or place.
(2) The officer may have contact with the child for as long as the officer
considers necessary for investigating the allegation or child's
circumstances.
(3) Before exercising a power under subsection (2), the officer must
notify the person in charge of the school or place of the intention to
exercise the power.
(4) As soon as practicable after the officer has had contact with the
child, the officer must:
(a) if the child has a long term guardian - tell at least one long term
guardian of the child that the officer has had contact with the
child and the reasons for the contact; or
(b) in all other cases - tell at least one of the child’s parents that the
officer has had contact with the child and the reasons for the
contact.
(5) The officer’s obligation under subsection (4) is limited to the extent
the officer considers is reasonable and appropriate in particular
circumstances if the officer reasonably believes:
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(a) someone may be charged with a criminal offence for harm to the
child and the officer’s compliance with the subsection may
jeopardise an investigation into the offence; or
(b) compliance with the subsection may expose the child to harm.
(b) even if guardianship of the child has been vested in any person
under any law.
(2) The officer may take the child into the Minister’s custody.
(3) For the purposes of subsection (2), the officer may exercise any of
the following powers:
(a) enter the place where the officer reasonably believes the child
is;
(4) The officer may exercise a power under subsection (2) or (3) with the
help, and using the force, that is reasonable in the circumstances.
(5) The officer must ensure that an application is made for a child
protection order for the child as soon as practicable.
(6) The officer may arrange for a medical examination of the child, and
for medical treatment for the child that is necessary in the
circumstances.
(7) The Minister's custody of the child ends on the earlier of the
following:
(a) when the application for the child protection order for the child is
finalised; or
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(b) 48 hours has elapsed after the child is taken into custody, unless
the court orders otherwise.
(2) If the child does not have a long term guardian, the officer must, as
soon as practicable:
(a) take reasonable steps to tell at least one of the child’s parents:
(i) that the child has been taken into custody, and the
reasons for the action; and
(b) tell the child about their being taken into the Minister's custody;
and
(c) tell the Director the child has been taken into the Minister's
custody, the reasons for the action and where the child has been
taken.
(3) If the child has a long term guardian, the officer must, as soon as
practicable:
(4) Subsections (2) and (3) do not require the officer to tell the child’s
parents or a long term guardian in whose care the child has been
placed.
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(5) The officer’s obligation under subsection (2)(a)(i) or (3) is limited to
the extent the officer considers is reasonable and appropriate in
particular circumstances if the officer reasonably believes:
(a) someone may be charged with a criminal offence for harm to the
child and the officer’s compliance with the provision may
jeopardise an investigation into the offence; or
(b) compliance with the provision may expose the child to harm.
(6) If, under subsection (3)(b), the officer does not comply with
subsection (2)(a) but makes a reasonable attempt to comply, the
officer must document full details about the actions taken by the
officer in making the attempt.
(1) All approved carers and care service providers must take reasonable
steps to ensure a child placed in their care under this Act is cared
for in a way that meets all of the following standards:
(a) the child’s dignity and rights will be respected at all times;
(b) the child’s needs for physical care will be met, including
adequate food, clothing and shelter;
(c) the child will receive emotional care that allows him or her to
experience being cared about and valued and that contributes to
the child’s positive self-regard;
(e) the child's culture, traditions and values will be respected and
promoted;
(h) the child will receive positive guidance when necessary to help
him or her to change inappropriate behaviour;
(i) the child will receive dental, medical and other health support
and services necessary to meet his or her needs;
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(k) the child will be encouraged to maintain family and other
significant personal relationships;
(l) if the child has a disability - the child will receive care and help
appropriate to the child’s special needs.
(2) The Director may take any action that is necessary to ensure that a
child placed in care under this Act is cared for in a way that meets
the standards stated in subsection (1).
(3) For the purposes of subsection (1)(g), techniques for managing the
child’s behaviour must not include punishment that:
(4) For the purposes of subsection (1)(j), if the Minister has custody or
guardianship of the child, the child’s carer must act in accordance
with the Minister or Director’s reasonable directions.
(6) The Minister has authority to take any necessary action to ensure
that a safe place provided for the purposes of this section is
appropriately located and adequately resourced and maintained.
(1) This section applies if, before the birth of a child, the Director
reasonably suspects the child may be in need of protection after he
or she is born.
(2) The Director has authority to take the action the Director considers
appropriate including, including:
(3) The purpose of this section is to reduce the likelihood that the child
will need protection after he or she is born.
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(4) The Director must take action under this section if the Minister or
Secretary brings any case of alleged or suspected harm, or risk of
harm to an unborn child to the attention of the Director.
(2) The person is not liable in any civil or criminal proceeding for giving
the notification or information.
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Division 2 – Protection Orders
(1) Whenever a child is removed from the care of his or her parents, the
child must be placed in the care and protection of members of his or
her extended family, unless reasons relating to the safety or welfare
of the child require alternative arrangements to be made.
(2) The Ministry must take all necessary steps to confirm that the care
which will be provided by a child’s extended family is appropriate,
adequate and in the child’s interests.
(3) Subject to the approval of the Minister, the Director has authority to
develop, approve and apply any necessary procedure, standard or
code of practice to be applied in the assessment and confirmation of
the proposed arrangements involving the care of a child by
members of his or her extended family.
(1) The Director may apply to a Magistrate for a child protection order
for a child.
(3) When the application is filed, the Registry must immediately fix the
time and place for hearing the application having regard to the
principle that it is in the best interests of the child for the application
to be heard as early as possible.
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(5) If it is not practicable to serve the copy personally, a copy of the
application may be served on a parent by leaving it at the last known
residential address of the parent.
(6) The copy of the application served under this section must state:
(b) that the application may be heard and decided even though the
parent does not appear in court.
(1) The Magistrate may hear and decide the application in the absence
of the child’s parents only if:
(a) the parents have been given reasonable notice of the hearing
and fail to attend or continue to attend the hearing; or
(b) the Magistrate is satisfied that it was not practicable to give the
parents notice of the hearing.
(2) Subsection (1) does not limit the jurisdiction of the court to exclude a
person from a proceeding.
(b) appropriate arrangements have been made for the care of the
child;
(2) Before making a child protection order, the court may have regard to
any contravention of this Act or of an order made under this Act.
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person, including a report about the person’s criminal history and
domestic violence history.
(a) there is no parent able and willing to protect the child within the
foreseeable future; or
(b) the child’s need for emotional security will be best met in the
long term by making the order.
(5) The Magistrate must not grant a long term guardianship of a child to:
(a) a person who is not a member of the child’s family unless the
child is already in custody or guardianship under a child
protection order; or
(6) Before the court extends or makes a further child protection order
granting custody or short-term guardianship of the child, the court
must have regard to the child’s need for emotional security and
stability.
(7) This section does not apply to the making of an interim order under
section 33.
27 Extraterritoriality
(1) A Magistrate may make any one or more of the following child
protection orders that the Magistrate considers to be appropriate in
the circumstances:
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(c) an order requiring the Director to supervise the child’s protection
in relation to the matters stated in the order;
(1) A child protection order for a child must state the time when it ends.
(3) The order ends at the stated time unless it is extended or earlier
revoked.
(4) Despite subsections (1) to (3), the order ends when the child turns
18.
22
30 Director’s obligations after making of child protection order
(ii) stating that a party may appeal against the decision to make
the order within 28 days after the order is made; and
(1) The Director may apply to a Magistrate for an order to extend a child
protection order for a child other than an order granting long term
guardianship of a child.
(3) This Division applies, with all necessary changes, to the application
as if it were an application for a child protection order.
(1) The Director, a child’s parent or the child may apply to a Magistrate
for an order to either:
(b) revoke a child protection order for the child and make another
child protection order in its place.
(a) apply for an order to revoke a child protection order for the child
and make another child protection order in its place that grants
guardianship of the child; or
(b) without the leave of the court, apply for an order to vary or
revoke a child protection order for the child if another application
for an order by a parent of the child to vary or revoke the child
protection order has been decided by the court.
(3) For subsection (2)(b), the Magistrate may grant leave only if he or
she is satisfied the child’s parent has new evidence to give to the
court.
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(4) This Division applies, with the changes prescribed in subsection (5)
and all other necessary changes, to the application as if it were an
application for a child protection order for the child.
(a) other parents of the child and the Director become respondents
to the application; and
(b) immediately after the application is made, the Registry must give
written notice to the Director of the time and place for hearing
the application; and
(7) Without limiting the things to which the Magistrate may have regard
in deciding an application under this section, the Magistrate:
(8) This section does not apply to an interim order made under section
33.
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(c) an interim order authorising an authorised officer or police officer
to have contact with the child.
(5) The order has effect for the period of the adjournment.
(2) Before entering the place, the officer must do or make a reasonable
attempt to do the following things:
(b) give the person a copy of the order so far as it relates to the
entry and searching of the place;
(c) tell the person the officer is permitted by the order to enter and
search the place to find the child;
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(a) an order requiring a written social assessment report about the
child and the child’s family be prepared and filed in the court;
(c) subject to subsection (5), an order about the child’s contact with
the child’s family during the adjournment;
(2) If the Magistrate makes an order under subsection (1)(a) or (b), the
Magistrate must state the particular issues the report must address.
(3) Subsection (2) does not limit the issues that may be addressed in
the report.
(5) The Magistrate must not make an order under subsection (1)(c)
requiring the Director to supervise family contact with the child
unless the Director agrees to supervise the contact.
(1) All approved carers and care service providers must take reasonable
steps to ensure a child placed in their care under this Act is cared
for in a way that meets all of the following standards:
(a) the child’s dignity and rights will be respected at all times;
26
(b) the child’s needs for physical care will be met, including
adequate food, clothing and shelter;
(c) the child will receive emotional care that allows him or her to
experience being cared about and valued and that contributes to
the child’s positive self-regard;
(e) the child's culture, traditions and values will be respected and
promoted;
(h) the child will receive positive guidance when necessary to help
him or her to change inappropriate behaviour;
(i) the child will receive dental, medical and other health support
and services necessary to meet his or her needs;
(l) if the child has a disability - the child will receive care and help
appropriate to the child’s special needs.
(2) The Director may take any action that is necessary to ensure that a
child placed in care under this Act is cared for in a way that meets
the standards stated in subsection (1).
(3) For the purposes of subsection (1)(g), techniques for managing the
child’s behaviour must not include punishment that:
(4) For the purposes of subsection (1)(j), if the Minister has custody or
guardianship of the child, the child’s carer must act in accordance
with the Minister or Director’s reasonable directions.
27
(5) The application of the standards to the child’s care must take into
account what is reasonable having regard to:
(a) the length of time the child is in the care of the carer or care
service provider; and
The Minister may give approval under this Part for the issue of:
(2) A person living with his or her spouse may only hold a certificate
jointly with the spouse.
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(c) information of which the applicant is aware, or that the applicant
reasonably suspects, about the criminal history and domestic
violence history of each member of the applicant’s household.
(4) The application must be signed by the applicant and each adult
member of the applicant’s household.
(6) The certificate may be issued subject to any conditions the Director
or Minister considers appropriate, and conditions may be imposed at
any time during which the certificate is valid.
(7) If it is a kinship carer certificate, it must relate only to the care of one
child.
(8) The matters stated in the certificate must include all of the following:
(c) for a kinship carer certificate - the name of the child for whom
the carer is approved;
(a) for a foster carer certificate - 1 year from the day of issue; or
(b) for a kinship carer certificate - not more than 1 year from the day
of issue.
(10) Subject to this Act, the certificate has effect until the date of its
expiry.
(1) Before a certificate ceases to be valid, the holder may apply to the
Director to renew the certificate.
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(3) The approved form may require the disclosure of a change to any of
the following information that has not been previously notified to the
Director:
(4) The application must be signed by the applicant and each adult
member of the applicant’s household.
(6) The matters stated in the certificate must include all of the following:
(d) for a kinship carer certificate - the name of the child for whom
the carer is approved;
(a) for a foster carer certificate - 2 years from the day of issue;
(b) (b) for a kinship carer certificate - not more than 2 years from the
day of issue.
(8) Subject to this Act, the certificate has effect until the date of its
expiry.
(1) The Director must not recommend the grant of an application for a
certificate under this Division, or for the renewal of a certificate,
unless the Director is satisfied of all of the following matters:
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(a) for a foster carer certificate:
(1) The Director may give a limited approval to a person to care for a
particular child in circumstances if:
(b) it is not possible, or not in the child’s best interests, for the child
to be placed in the care of an approved kinship carer for the
child, approved foster carer, entity conducting a departmental
care service or licensee.
(2) The Director may issue a person with a provisional certificate relating
to the care of a particular child if all of the following apply:
(a) the Director proposes to place the child in care under this Act;
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(b) the person has applied for a certificate of approval as either:
(2) The certificate may be issued subject to any conditions the Director
considers appropriate.
(3) The certificate must relate only to the care of one child.
(4) The matters stated in the certificate must include the following:
(c) the name of the child for whom the carer is approved;
(5) The expiry day must be not more than 60 days from the day of issue.
(6) Subject to this Act, the certificate has effect until the earlier of the
following days:
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(a) the expiry day; or
45 Amendment certificates
(1) The Director may amend a certificate issued under this Part at any
time if either of the following apply:
(3) An amendment may be made under this section to extend the date
of a kinship carer certificate by up to 2 years from the next
applicable expiry date of the certificate.
(4) An amendment may be made under this section to extend the date
of a kinship carer certificate by up to 60 days from the next
applicable expiry date of the certificate, but only one such extension
may be made.
(1) The Minister and the Director both have authority to suspend or
cancel a certificate issued under this Part on the following grounds:
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(a) in the case of a certificate of approval as an approved foster
care:
(d) the holder is not meeting the standards required under the
certificate or another condition of the certificate;
(a) when the certificate was issued to them, they were spouses
living together; and
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(b) they have stopped being spouses or stopped living together; and
(c) the facts and circumstances forming the basis for the grounds;
(e) that the holder may make, within a stated time of at least 28
days, written representations to show why the proposed action
should not be taken.
(2) If, after considering all written representations made within the stated
time, the Minister, Secretary or Director still considers a ground to
take the proposed action exists, the Minister, Secretary or Director
may suspend or cancel the certificate.
(3) The Director must inform the holder of the decision by written notice.
(5) This section does not apply to a provisional certificate, which may be
suspended or cancelled by service of a notice to that effect on the
holder of the provisional certificate.
Despite the provision of any other law to the contrary, the following
apply to any criminal proceedings taken against a chid:
35
(a) no child may be sentenced to death or to imprisonment for life under
any act and for any offence;
For all purposes under the law, and despite the provision of any law to
the contrary, no male or female child may be married, whether in law or
custom, if they have not attained the age of 18 years.
(1) This section applies to all persons who become aware of any sexual
abuse or exploitation of a child in a school, church or other religious
institution, health facility, or in a prison, detention or corrections
facility, or any other place where children are supervised or cared
for, and who:
(2) A person to whom this section applies must immediately report any
sexual abuse or exploitation of a child, or circumstance in which the
person believes that sexual abuse or exploitation of a child has, or
may have taken place, to the Commissioner of Police and to the
Director.
(3) A person to whom this section applies must cooperate with the
police and the Ministry in relation to any subsequent inquiry,
investigation or other action taken as a result of the report made.
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(6) A person to whom subsection (5) applies must make a report as
soon as possible to the Director giving details of the nature of the
abuse, neglect, violence or exploitation, and the grounds upon
which it is suspected that the child is being subject to it.
(7) (A person who makes a report under subsection (6) is entitled to the
protections provided for under sections 22 and 56.
(1) No child may be used for any form of research (including medical or
scientific experimentation), unless all of the following apply:
(a) appropriate consents have been obtained from the child and his
or her parents or legal guardians;
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(c) during any authorised research, acts in a manner which is
detrimental to the health or well-being of the child without lawful
or reasonable justification.
(1) A person who employs a child must provide proof of the child’s age if
required to do so by an authorised officer.
(2) If a child has been employed by reason of any law which permits the
employment of a person who is under 18 years of age, it is the
responsibility of the employer to ensure that the consent of a parent
has been obtained, and the employer must produce evidence of
such consent if requested to do so by an authorised officer.
(1) Despite the provision of any other law to the contrary, the following
matters apply whenever an investigation or inquiry is undertaken in
relation to a child by a police officer, an authorised officer, or any
other person lawfully exercising powers of investigation or inquiry in
relation to a child under any law:
(b) the investigation of or inquiry into the child must recognise and
protect the rights and interests of the child at all stages of the
justice process, and must reduce trauma and secondary
traumatisation of the child;
(d) any action taken must permit the child to fully state his or her
views, and the relevant officer must take into account the child’s
views in accordance with their age and maturity, and must
respect the child’s right to privacy;
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(g) special facilities and appropriate processes must be provided
and applied where the child has a disability to ensure the
effective application of the requirements of this section;
(1) Despite the provision of any other law to the contrary, court
proceedings involving children must be undertaken in accordance
with the following requirements:
(a) the hearing of the cases must be expedited and prioritized as far
as is practicable;
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(f) child-friendly court procedures must be promoted and applied,
including alternative arrangements for giving testimony such as
the use of screens, video-taped evidence and closed circuit
television;
(2) All rules of court are to be read and applied subject to the above
requirements, and necessary modifications to make such rules
consistent with this section must be made as soon as is practicable.
(1) This section applies if a person (the notifier) notifies the Minister,
Secretary, Director an authorised officer or a police officer that the
notifier suspects:
(2) The person who receives the notification, or a person who becomes
aware of the identity of the notifier, must not disclose the identity of
the notifier to another person unless the disclosure is made:
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(a) in the course of performing functions or exercising powers under
this Act; or
(4) The court or tribunal must not grant leave under subsection (3)
unless:
(5) In deciding whether to grant leave under subsection (3), the court or
tribunal must take into account:
(6) As far as practicable, an application for leave under this section must
be heard in a way that protects the identity of the notifier pending a
decision on the application.
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57 Confidentiality of information obtained by persons involved in
administration of Act
(2) Subject to subsections (2) and (3), the person must not use or
disclose the information, or give access to the document, to any
other person.
(3) The person may use or disclose the information, or give access to
the document to another person:
(4) The person may disclose the information or give access to the
document:
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(b) to the Minister, Secretary, Director or an authorised officer, to
enable the proper administration of Part 4.
(2) Subject to subsection (3), the receiver must not use or disclose the
information, or give access to the document, to any other person.
(3) The receiver may, subject to section 61, use or disclose the
information or give access to the document to another person:
(1) This section applies if a police officer acquires information during the
course of performing a function or exercising a power under this Act.
(2) The police officer, and any other police officer to whom the
information is disclosed under this section, may use the information
to the extent necessary to perform his or her functions and duties as
a police officer.
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(a) obtain and have regard to the child’s views, if the child is able to
form and express views, taking into account the child’s age and
ability to understand; and
(1) A person must not, without the Minister’s written approval, publish
information that identifies, or is likely to lead to the identification of, a
child as:
(2) A person must not, without the Minister’s written approval, publish
information that identifies, or is likely to lead to the identification of, a
child living in Nauru as a child who:
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PART 8 – OFFENCES AGAINST THIS ACT
A person who breaches any requirement of this Act for which no offence
is prescribed, commits an offence and is liable upon conviction to a fine
not exceeding $10,000 or to a term of imprisonment of up to 1 month, or
both.
(2) A child does not commit an offence against subsection (1)(a) merely
because the child resists being taken into custody under this Act for
the child’s protection.
(a) unlawfully removes a child from the care of the Minister or other
person who has been authorised by the Minister or Director to
be the child’s carer;
(b) if the child has been unlawfully removed from the care of the
Minister or other person who has been authorised by the
Minister or Director to be the child’s carer - keeps the child;
(c) if the child has been lawfully removed from the care of the
Minister or other person who has been authorised by the
Minister of Director to be the child’s carer - keeps the child
beyond the period allowed for the removal.
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(3) Subsection (2) applies whether the removal or keeping of the child is
done within or outside Nauru.
(a) unlawfully removes the child from the first person’s custody or
guardianship;
(b) if the child has been unlawfully removed from the first person’s
custody or guardianship - keep the child;
(c) if the child has been lawfully removed from the first person’s
custody or guardianship - keep the child beyond the period
allowed for the removal.
(3) Subsection (2) applies whether the removal or keeping of the child is
done within or outside Nauru.
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68 Child’s parent must comply with orders made under this Act
(1) This section applies in any case where an order has been made
under this Act preventing or limiting rights of access of a parent to a
child, or otherwise affecting any right that the parent may have in
relation to the child.
(b) with the child other than when a stated person or a person of a
stated category is present.
(3) A child’s parent who knowingly contravenes any other order made
under this Act which affects the rights of the parent in relation to the
child, commits an offence and is liable upon conviction to a fine not
exceeding $20,000 or to a term of imprisonment of up to 12 months,
or both.
Any person who lawfully exercises any power or who performs any
function under the authority of this Act is not liable to any person for any
loss or damage, and is not subject to any civil or criminal proceedings,
in relation to the lawful exercise of that power or the performance of that
function in accordance with this Act.
70 Regulations
(2) Cabinet may make Regulations not inconsistent with this Act,
prescribing all matters which are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed
for carrying out or giving effect to this Act or applying its guiding
principles, and in particular for prescribing matters in relation to any
of the following:
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(b) additional powers under this Act, and processes for enforcing
them;
(g) clarifying any matter concerning the making, scope and effect of
protection orders for children;
(i) procedures for licensing care service providers and any aspect
of the regulation and control of licensed care services providers;
(k) providing for any other matter, consistent with the Convention on
the Rights of the Child and other applicable international
conventions, to ensure that the rights of children are respected
and protected under the law;
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