Special Care Provisions operate to adjust the age of consent where there is a power imbalance or relationship of responsibility between two people. This means, for example, that where one person is a youth leader the other person is not able to consent to any sexual activity until they are over 18 (instead of the usual age of consent, which is 16). These provisions have existed since at least 1900 but have now been expanded to include sexual touching as well as sexual intercourse.
Continue reading Expanded Special Care ProvisionsChanges to Civil Liability
In response to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, a range of amendments have been made to the Civil Liability Act 2002 (NSW). These sections are prospective, applying only to offences occurring after 26 October 2018.
Continue reading Changes to Civil LiabilityNew Criminal Offences – Failure to Protect / Failure to Report
In response to recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse, the NSW government has introduced two new criminal offences:
Continue reading New Criminal Offences – Failure to Protect / Failure to ReportChanges to Working With Children Check
In addition to collecting the WWCC number of any person in child-related work, the employer must also verify the WWCC and retain a record of the verification date, personal details and expiry of WWCC. (s9A)
Individuals who have a WWCC now have an obligation to notify the Children’s Guardian within 3 months of any change to their name, address, contact details or employer (s36B)
New Creating Safe Spaces Website Nearing Completion
The website to accompany the new Creating Safe Spaces training program is close to completion with the estimated finish date of 24th of November 2017.
Upon completion, the new website will feature pages that allow access to the new Creating Safe Spaces online module as well as a “Find a Workshop” page where interested parties can look up and register for Creating Safe Spaces workshop. The Website will also have pages of useful downloadable resources and links to useful websites that may be of interest to people concerned with Safe Church practices and training.
For further information, please contact the Creating Safe Space Coordinator via the new website under the “Contact Us” section.
No Time Limit for Bringing an Action for Damages Arising From Child Abuse
In most instances, a claim for damages must be brought within a certain time frame (for example, usually 12 months for breach of contract and 6 years for negligence). Changes to the Limitation Act 1969 (NSW), section 6A, means that there is no longer any time limit for claims arising from child abuse (including sexual abuse, serious physical abuse and any connected abuse)