27Regulator may interview child

27 Regulator may interview child

(1)  In conducting an investigation under section 24 , the Regulator may arrange for the interview of a child –

(a) in relation to whom a worker of a relevant entity is alleged to have committed reportable conduct; or

(b) who may be a witness to reportable conduct or alleged reportable conduct.

(2)  Before arranging an interview under subsection (1) , the Regulator must gain consent to conduct the interview –

(a) if the child is a youth, from the youth; or

(b) subject to subsection (3) , if the child is not a youth, from a guardian of the child.

(3)  Despite subsection (2) , the Regulator is not required to gain the consent of a guardian of a child if the only guardian of the child is the worker referred to in subsection (1)(a) .

(4)  The Regulator must engage a person with appropriate qualifications, training or experience in interviewing child complainants of alleged abuse to conduct an interview on behalf of the Regulator under subsection (1) .

(5)  Before arranging an interview under subsection (1) , the Regulator, and any person conducting an interview on the Regulator's behalf, must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.

(6)  Without limiting subsection (5) , the Regulator must consider whether it is appropriate for the guardian of the child to be present during the interview.

(7)  Despite subsection (6) , a child must be offered the opportunity for a support person to be present at an interview of the child.

(8)  In relation to the opportunity offered under subsection (7) , a child who identifies as Aboriginal or Torres Strait Islander must be offered the opportunity for the support person referred to in that subsection to be a person who is a member of a recognised Aboriginal organisation or recognised Torres Strait Islander organisation.