sec.44Commission may interview child

sec.44 Commission may interview child

In conducting an investigation under section 43 , the commission may interview— a child who is the subject of conduct to which the reportable allegation or reportable conviction relates; or a child who may have witnessed conduct to which the reportable allegation or reportable conviction relates. Before interviewing the child, the commission must obtain the consent of the child’s parent or guardian, unless— both of the following apply— the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to; it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent. the child’s only parent or guardian is the subject of the investigation; or the child’s parent or guardian can not reasonably be located. If the consent of the child’s parent or guardian is not obtained under subsection (2) , before interviewing the child the commission must obtain the consent of the child. The commission must— ensure the person who conducts the interview has the appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and consider, and take all reasonable steps to mitigate, any negative effect the interview may have on the child; and consider whether it is appropriate for the parent, a person with parental responsibility or guardian of the child to be present during the interview; and ensure the child is offered the opportunity for a support person to be present. If the child is an Aboriginal person or Torres Strait Islander person from an Aboriginal community or Torres Strait Islander community, the child must be offered the opportunity for the support person mentioned in subsection (4) (d) to be a person who is a respected person of that community. (sec.44-ssec.1) In conducting an investigation under section 43 , the commission may interview— a child who is the subject of conduct to which the reportable allegation or reportable conviction relates; or a child who may have witnessed conduct to which the reportable allegation or reportable conviction relates. (sec.44-ssec.2) Before interviewing the child, the commission must obtain the consent of the child’s parent or guardian, unless— both of the following apply— the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to; it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent. the child’s only parent or guardian is the subject of the investigation; or the child’s parent or guardian can not reasonably be located. (sec.44-ssec.3) If the consent of the child’s parent or guardian is not obtained under subsection (2) , before interviewing the child the commission must obtain the consent of the child. (sec.44-ssec.4) The commission must— ensure the person who conducts the interview has the appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and consider, and take all reasonable steps to mitigate, any negative effect the interview may have on the child; and consider whether it is appropriate for the parent, a person with parental responsibility or guardian of the child to be present during the interview; and ensure the child is offered the opportunity for a support person to be present. (sec.44-ssec.5) If the child is an Aboriginal person or Torres Strait Islander person from an Aboriginal community or Torres Strait Islander community, the child must be offered the opportunity for the support person mentioned in subsection (4) (d) to be a person who is a respected person of that community.