Contemporary Developments in Child Protection
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The California Child Abuse & Neglect Reporting Law Issues and Answers for Mandated Reporters
The California Child Abuse & Neglect Reporting Law Issues and Answers for Mandated Reporters California Department of Social Services Office of Child Abuse Prevention Table of Contents Acknowledgements i Introduction ii The Reporting Law. 1 Why What Who When To whom Immunity Other protections Liabilities Feedback Identification . 7 Environment Problems Parental clues Physical indicators Behavioral indicators Guidelines to Determine Reasonable Suspicion . 10 Assessment with a verbal child Physical abuse Sexual abuse Neglect Emotional abuse Additional factors in the assessment process Assessment with a nonverbal child Assessment with the family What to tell the parents/caretakers Assessment of false allegations The Major Treatment Issues. 16 Confidentiality Therapist’s reactions to working with abuse Helpful interventions Non-helpful interventions Questions Often Asked . 21 1. Who am I to say what is abusive? 2. What if I make a mistake? 3. What is the fine line between abuse and discipline? 4. What if the abuse occurred in the past? 5. What if an adult state he/she was abused as a child? 6. What about testifying in court? 7. What age child is most at risk of abuse? 8. What is the difference between children’s "normal" sex play and sexual abuse? 9. What is the reporting responsibility regarding sexually active minors? 10. Are clergy mandated to report? 11. Are alcoholism programs exempt from reporting? 12. May I make an anonymous report? 13. What happens after a report is made? 14. Does a positive toxicology screen at the time of delivery require a child abuse report? 15. Should a person’s culture be considered in determining if a report should be made? 16. -
IP ACCESS Request Made On: Tuesday, 09 January, 2018 at 17:13 AEDT
Westlaw AU Delivery Summary Request made by: CHARLES STURT UNI : IP ACCESS Request made on: Tuesday, 09 January, 2018 at 17:13 AEDT Content Type: Cases Title Independent Commission Against Corruption v Cunneen Delivery selection: Current Document Number of documents delivered:1 Copyright © 2018 Thomson Reuters (Professional) Australia Limited (2015) 256 CLR 1 Independent Commission Against Corruption v Cunneen Jump to: » Judgment Court: High Court of Australia Judges: French CJ, Hayne J, Kiefel J, Gageler J, Nettle J Judgment Date: 15/4/2015 Jurisdiction: Australia (Commonwealth) Court File Number: S302/2014 Citations: [2015] HCA 14 , (2015) 256 CLR 1 , 89 ALJR 475 , 318 ALR 391, 151 ALD 78, [2015] ALMD 2156 Party Names: Independent Commission Against Corruption, Margaret Cunneen and Ors Legal Representatives: J K Kirk SC with S Robertson for the applicant (instructed by Crown Solicitor (NSW)); D F Jackson QC with A R Moses SC and R L Gall for the respondents (instructed by Cockburn and Co) Classification: » Criminal law > Federal and state investigative authorities > New South Wales > Independent Commission Against Corruption » Statutes > Acts of parliament > Interpretation > Particular classes of Act > Enabling Acts Headnote HC of A Independent Commission Against Corruption v Cunneen [2015] HCA 14 S302/2014 March 4; April 15 2015 Statutory Bodies — Functions — Investigating body — Independent Commission Against Corruption — Corrupt conduct — Definition as conduct that could adversely affect exercise of official function by public official — Whether included conduct that could adversely affect efficacy but not probity of exercise — Independent Commission Against Corruption Act 1988 (NSW), s 8 A principal function of the Independent Commission Against Corruption established by the Independent Commission Against Corruption Act 1988 (NSW) was to investigate any allegation or complaint that corrupt conduct may have occurred. -
ICAC's Operation 'Hale': a Low Point in the History of the Agency
ICAC’s Operation ‘Hale’: A Low Point in the History of the Agency Ian Dobinson* and Leanne Houston† Abstract In May 2014, a somewhat innocuous motor vehicle accident triggered an unpredictable series of events. The incident involved Deputy Senior Crown Prosecutor, Margaret Cunneen, and led initially to a proposed investigation by the Independent Commission Against Corruption (‘ICAC’) called Operation Hale. The New South Wales (‘NSW’) Court of Appeal and the High Court ruled that the alleged conduct was not corrupt conduct. In response, the NSW Government convened a Review Panel, resulting in the Inspector of the ICAC’s Report on Operation Hale, alleging that the ICAC had engaged in unreasonable, unjust and oppressive maladministration. Premier Baird referred the Report to the Parliamentary Committee on the ICAC for review, which led to the tabling of the Inspector’s Review of the ICAC. In its October 2016 Report, the Committee made 35 recommendations, including restructuring the ICAC. This restructure, along with other recommendations, has now been enacted. This article discusses this process and its outcomes. Keywords: Independent Commission Against Corruption – Operation Hale – Margaret Cunneen – accountability – oversight Introduction In October 2014, it was reported that Margaret Cunneen SC, Deputy Senior Crown Prosecutor with the New South Wales Office of the Director of Public Prosecutions (‘NSWODPP’), her son, Stephen Wyllie and Sophia Tilley, her son’s then partner, were being investigated by the NSW Independent Commission Against Corruption (‘ICAC’) for allegedly perverting the course of justice (McClymont & Whitbourn 2014). The basis for the investigation, known as Operation Hale, was that Cunneen and her son had advised Tilley to fake chest pains at the scene of an accident in May 2014 so as to avoid a blood alcohol breath test. -
“Parents and Children's Experiences in Family Play Therapy”
Parents’ and Children’s Experiences in Family Play Therapy By Catherine L. McMonigle Thesis submitted to the faculty of the Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of Masters of Science in Human Development Eric McCollum Committee Chair Eliana Gil Committee Member Angela Huebner Committee Member April 30, 2008 Falls Church, Virginia Keywords: play therapy, family play therapy, perceptions, experiences, parents, children Copyright 2008, Catherine L. McMonigle Parents’ and Children’s Experiences in Family Play Therapy By Catherine L. McMonigle (ABSTRACT) Family Play Therapy is a creative therapeutic approach to engage children in therapy in the context of their family system. While the young field of family play therapy offers both the benefits of family therapy and play therapy, research concerning its efficacy is largely unavailable. The purpose of this qualitative study was to understand the experience of family play therapy in context of child sexual abuse treatment, from the perspective of child clients and their parents. A secondary purpose of this descriptive study was to provide contextual data to inform future quantitative research on family play therapy. In separate, semi-structured and open-ended interviews, eight children and their non-offending parents described their therapy experience of the family puppet interview intervention, in which they created and acted out a story with puppets. Participants’ descriptions of their experience revealed five broad themes: (1) the perceived benefits of play (what participants liked), (2) parents feelings about play as a medium, (3) parent’s perceived role in the session, (4) children’s thoughts about family participation in therapy, and (5) suggestions for improvement. -
Cunneen, ICAC and Unintended Consequences OPINION by Michael Bradley Posted Thu 16 Apr 2015, 9:12Am
Page 1 of 2 The Drum TV Mon – Fri 5.30 ABC Mon 9pm AEST/Tues – Fri 9.30 pm AEST ABC News 24 Cunneen, ICAC and unintended consequences OPINION By Michael Bradley Posted Thu 16 Apr 2015, 9:12am Most people will agree that the NSW Independent Commission Against Corruption should have left crown prosecutor Margaret Cunneen alone. But in its majority decision the High Court has substantially neutered ICAC and killed off a huge part of its ability to expose systemic corruption. Michael Bradley writes. Justice is an entirely subjective and abstract concept - like good art, we know it when we see it, but it cannot be defined. This distinction is critically important, not least because when courts seek to deliver justice rather than law, the consequences are usually unintended. That, regrettably, is exactly what the majority of the High Court has done in the case of ICAC v Margaret Cunneen SC. In delivering a result about which most people will think, "Yep, seems right", the Court has substantially neutered ICAC and killed off a huge part of the power the people of NSW thought they had given to ICAC to expose the kind of systemic corruption about which we've learned in recent years solely because ICAC investigated it. That won't be happening in the future. What Cunneen allegedly did was to advise her son's girlfriend, who had had a car accident, to pretend she was having chest pains so that the police would not give her a breath test. ICAC launched an investigation. Cunneen PHOTO: It's hard not to agree that the case of Margaret Cunneen (pictured) looked a bit trivial to be warranting challenged its power to do so, eventually winning four to one in the High ICAC's extreme powers of compulsion and inquisition. -
4. Australia's Official Corruption Challenges
Australia’s National Integrity System Priorities for Reform Draft Report – April 2019 4. Australia’s official corruption challenges 4.1. The issues Even if Australia still ranks relatively high on international governance indices, reduced trust and elevated scandals in Australian government in recent years have focused attention on the scale of our official corruption problems – and the issue of how corruption itself is understood, measured and defined. Achieving a clearer picture of the nature of these challenges, and the adequacy of operating definitions of corruption, legal categories and agency responsibilities, is pivotal to identifying whether and how integrity systems may need to be strengthened. For Australia there are four main issues: • The changing profile of the types of misconduct and integrity violations classified by the community as ‘corruption’ – especially increasing concern about ‘grey corruption’ and ‘undue influence’; • The extent of corruption risks going under-addressed, or unaddressed, in particular government and industry sectors – especially at Commonwealth level; • Wildly varying legal definitions of official corruption across Australia, creating problems of inconsistency, confusion and uncertainty about the right systems and processes for responding to corruption; and • As a consequence, disjunctions between the amount of official misconduct that is known or perceived to occur, and amount and effectiveness of official action to deal with and prevent that misconduct – given that only some of these definitions -