|
Duty to Report
According to the Child and Family Service Act (2002),
everyone in the NWT has a duty to report when a child has
been, is, or may be in danger of abandonment, physical
abuse, neglect, emotional abuse, or sexual abuse as soon as
possible.
The
Child Day Care Standards Regulations also states this
duty for anyone working a licenced child care program. The
following information is taken directly from the Act and
will help you to report child abuse.
(1) A person who has information of the need of protection
of a child shall, without delay, report the matter
(a)
To a Child Protection Worker; or
(b)
If a Child Protection Worker is not available, to a
Peace Officer or an authorized person.
This
means that you must report any information about a child who
needs protection as soon as possible, to a Child Protection
Worker or Peace Officer.
(2)
For greater certainty, a person may not delegate the duty to
report a matter under subsection (3) to another person.
This
means that you must not ask or allow another person to make
the report for you.
Confidentiality
and privilege
(4)
Subsection (1) applies
(a)
Notwithstanding any other Act; and
(b)
Notwithstanding that the information is confidential
or privileged.
This
means you must report information about child abuse even
when it has been told to you in confidence and the child
asks you not to tell.
Civil
Liability
(4)
No action shall be commenced against a person for reporting
information in accordance with this section unless it is
done maliciously.
This
means that as long as you truly believe that the person you
are reporting is abusing a child, and you aren’t just trying
to get them in trouble, you are protected by law from any
legal action.
Offence and Punishment
(6)
Every person who contravenes subsection (1) is guilty of an
offence and liable on summary conviction to a fine not
exceeding $5,000 to an imprisonment for a term not exceeding
six months or to both.
Investigation
9.
(1) A person to whom a report is made under section 8 shall
investigate the child’s need for protection.
This
means your duty is to report. It is not your duty to confirm
or investigate a disclosure.
For
more information, or to read the acts in full, you can find
the Child and Family Service Act (2002), the Child
Day Care Act and a handbook on Dealing with Child Abuse
in our Publications link.
|
