The Rape Of Sienna Beth MorrisPresentation Transcript
The Rape of Sienna-Beth Morris By Department of Community Services NSW Personnel including Tim Goble, Wallace Biskett & Central Coast Area Health Nursing Staff.
What Happened? Sienna-Beth Morris was born at Gosford Hospital at 6.28pm, a Friday Evening on the 22nd of May 2009. Two hours after her birth she was kidnapped by DOCs staff using falsified documents and information. The mother still had the placenta and was haemhorraging badly and trying to feed her daughter. She was naked. The mother was sexually assaulted by DOCs staff and Social Workers who denied her right to privacy after just having her daughter. Sienna-Beth Morris was denied her colostrum and breastfeeding and any contact between her mother and ANY FAMILY MEMBERS at all for four days.
How was she Kidnapped? CRIMES (HOSTAGES) ACT 1989 - SECT 7 Meaning of hostage-taking For the purposes of this Act, a person commits an act of hostage-taking if the person: (a) seizes or detains another person (in this section called the hostage ); and (b) threatens to kill, to injure, or to continue to detain, the hostage; with the intention of compelling: (c) a legislative, executive or judicial institution in Australia or in a foreign country; (d) an international intergovernmental organisation; or any other person (whether an individual or a body corporate) or group of persons; to do, or abstain from doing, any act as an explicit or implicit condition for the release of the hostage. Sienna-Beth Morris was siezed by agents of DOCs at appx 9pm Friday 22 May 2009, held hostage, and detained until her mother and father were compelled (under duress) to sign illegal undertakings
Criteria applied to National Crime Authority References The National Crime Authority Act lays down criteria governing the jurisdiction of the Authority to investigate certain types of criminal activity. The statutory definition requires that an offence subject to investigation by the Authority: must involve two or more offenders and substantial planning and organisation;must be of a kind that ordinarily involves the use of sophisticated methods and techniques;is an offence that is committed or is of a kind that is ordinarily committed in conjunction with offences of a like kind;and is an offence that involves, inter alia 'theft, fraud, tax evasion, currency violations . . . obtaining financial benefit by vices engaged in by others,corruption, bankruptcy and company violations or matters of the same general nature as one or more of the foregoing.Further, the definition does not include an offence committed in the course of a genuine dispute as to matters pertaining to relations of employees, or an offence, the time limit on the commencement of the prosecution of which, has expired. It also does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than three years. The Authority applies additional criteria to matters under consideration for its investigation. The most important of these are:that the conduct the subject of the proposed investigation involves criminal behaviour crossing jurisdictional boundaries;that the matter under consideration could not be properly investigated by normal police means and exercising normal police powers;These criteria are most important, in that by their application the Authority attempts to focus upon the investigation of complex and serious matters not suited to investigation by other law enforcement agencies. Further, they avoid the Authority being put in the position of competing with other law enforcement agencies. Source : AUSTRALIAN INSTITUTE OF CRIMINOLOGY - Link http://www.aic.gov.au/publications/previous%20series/proceedings/1-27/~/media/publications/proceedings/10/livermore.ashx
PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 41 Objects of Part41 Objects of Part The objects of this Part are as follows: to maintain appropriate standards of conduct and work-related performance in the Public Service, (b) to protect and enhance the integrity and reputation of the Public Service, (c) to ensure that the public interest is protected.
Children and Young Persons (Care and Protection) Act 1998 No 157 90 Rescission and variation of care orders (1) An application for the rescission or variation of a care order may be made with the leave of the Children’s Court.(1A) The Children’s Court may order a person who makes an application under this section to notify those persons whom the Children’s Court specifies of the making of the application.Note. Section 256A sets out the circumstances in which the Children’s Court may dispense with service.(2) The Children’s Court may grant leave if it appears that there has been a significant change in any relevant circumstances since the care order was made or last varied.(2A) Before granting leave to vary or rescind the care order, the Children’s Court must take the following matters into consideration:(a) the nature of the application, and (b) the age of the child or young person, and (c) the length of time for which the child or young person has been in the care of the present carer, and (d) the plans for the child, and (e) whether the applicant has an arguable case. (3) An application may be made by:(a) the Director-General, or (b) the Children’s Guardian, or (c) a person having parental responsibility for the child or young person, or (d) a person from whom parental responsibility for the child or young person has been removed, or (e) any person who considers himself or herself to have a sufficient interest in the welfare of the child or young person. (3A) If:(a) an application is made to the Children’s Court by a person or persons (other than the Director-General) for the rescission or variation of a care order (other than a contact order) in relation to a child or young person, and (b) the application seeks to change the parental responsibility for the child or young person, or those aspects of parental responsibility involved in having care responsibility for the child or young person, and (c) the Director-General is not a party to the proceedings, the applicant must notify the Director-General and the Children’s Guardian of the application, and the Director-General and the Children’s Guardian are entitled to be parties to the application.(4) The Children’s Court is not required to hear or determine an application made to it with respect to a child or young person by a person referred to in subsection (3) (e) unless it considers the person to have a sufficient interest in the welfare of the child or young person.(5) If:(a) an application for variation of a care order is made or opposed by the Director-General, and (b) a ground on which the application is made or opposed is a ground that has not previously been considered by the Children’s Court, the ground must be proved as if it were a ground of a fresh application, or of opposition to a fresh application, for a care order.(6) Before making an order to rescind or vary a care order that places a child or young person under the parental responsibility of the Minister, or that allocates specific aspects of parental responsibility from the Minister to another person, the Children’s Court must take the following matters into consideration:(a) the age of the child or young person, (b) the wishes of the child or young person and the weight to be given to those wishes, (c) the length of time the child or young person has been in the care of the present caregivers, (d) the strength of the child’s or young person’s attachments to the birth parents and the present caregivers, (e) the capacity of the birth parents to provide an adequate standard of care for the child or young person, (f) the risk to the child or young person of psychological harm if present care arrangements are varied or rescinded. (7) If the Children’s Court is satisfied, on an application made to it with respect to a child or young person, that it is appropriate to do so:(a) it may, by order, vary or rescind an order for the care and protection of the child or young person, and (b) if it rescinds such an order—it may, in accordance with this Chapter, make any one of the orders that it could have made in relation to the child or young person had an application been made to it with respect to the child or young person. (8) On the making of an order under subsection (7), the Children’s Court must cause notice of the order to be served on the Director-General.
Children and Young Persons (Care and Protection) Act 1998 No 157Chapter 2Objects, principles and responsibilitiesPart 1Objects and principles 9 What principles are to be applied in the administration of this Act? (d) In deciding what action it is necessary to take (whether by legal or administrative process) in order to protect a child or young person from harm, the course to be followed must be the least intrusive intervention in the life of the child or young person and his or her family that is consistent with the paramount concern to protect the child or young person from harm and promote the child’s or young person’s development.
Child at Risk of Harm
PROTECTED DISCLOSURES ACT 1994 - SECT 28 False or misleading disclosures28 False or misleading disclosures A public official must not, in making a disclosure to an investigating authority, public authority or public official, wilfully make any false statement to, or mislead or attempt to mislead, the investigating authority, public authority or public official. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both. PROTECTED DISCLOSURES ACT 1994 - SECT 29 Proceedings for offences29 Proceedings for offences Proceedings for an offence against this Act are to be dealt with summarily before the Local Court.
CENTRAL COAST HEALTH CODE OF CONDUCT Accountability Page 3 You are responsible for your acts and omissions and you will be held to account for them. If you are a supervisor or manager at any level, you are also responsible for the work related acts and omissions of the staff you supervise. This does not mean that you will be held responsible for every minor fault of your staff. It means that while exercising the level of leadership, management and supervision appropriate to your position, you will be called to account for unsatisfactory acts or omissions by your staff if they are so serious, repeated or widespread that you should have known and acted upon them. As the manager it is your responsibility to make sure, in regard to staff under your leadership, that they understand: their duties and what their job entails; how they are expected to do their job; what results are expected; and that their performance will be periodically appraised. Corruption, Maladministration and Serious and Substantial Waste Page 8 You must not engage in corrupt conduct, maladministration (for definition see the Protected Disclosures Act 1994) or serious and substantial waste (for definition see the Protected Disclosures Act 1994). Corrupt conduct is defined in the ICAC Act 1988; the key notion being the misuse of public office. Corruption can take many forms including bribery and blackmail; unauthorised use of confidential information; fraud and theft. Maladministration is action or inaction of a serious nature that is contrary to law; unreasonable, unjust, oppressive or improperly discriminatory; or based on improper motives. Serious and substantial waste refers to any uneconomical, inefficient or ineffective use of funds or resources which results in significant wastage. Breaches of the Code of Conduct Page 10 You are required to comply with this Code of Conduct. If you breach this Code you will be subject to a range of administrative actions which include disciplinary action. Breaches of certain sections may also be punishable under other legislation. Breaches may also result in notification to external regulatory bodies such as the Health Care Complaints Commission, ICAC and Ombudsman’s Office. Source: http://www.nscchealth.nsw.gov.au/areas/ccahs/careers/doc/CCH_Code.pdf
HEALTH CARE COMPLAINTS ACT 1993 - SECT 9 How is a complaint made? 9 How is a complaint made? A complaint is made by lodging the complaint in writing with the Commission. The complaint is to include particulars of the allegations on which it is founded. It is the duty of staff of the Commission to help a person to make a complaint if the person requests assistance to do so. Source: http://www.austlii.edu.au/au/legis/nsw/consol_act/hcca1993204/
HEALTH SERVICES ACT 1997 – SECT 117A Duty of chief executive to report certain conduct117A The chief executive of a public health organisation is to report to a registration authority any conduct of a member of staff that the chief executive suspects on reasonable grounds may constitute professional misconduct or unsatisfactory professional conduct under the health registration Act by which the registration authority is constituted. In this section, "health registration Act" and "registration authority" have the same meanings as in the Health Care Complaints Act1993. Source: http://www.austlii.edu.au/au/legis/nsw/consol_act/hsa1997161/
CRIMES ACT 1900 - SECT 87 Child abduction87 Child abduction A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years. A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years. In this section: "child" means a child under the age of 12 years. "detaining a child" includes causing the child to remain where he or she is. "taking a child" includes causing the child to accompany a person and causing the child to be taken. In this section, a reference to a person who has parental responsibility for a child is a reference to: (a) a person who has, in relation to a child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children, or (b) a person authorised to be the carer of the child under an Act relating to the care and protection of children.
CRIMES ACT 1900 - SECT 61N Act of indecency61N Act of indecency Any person who commits an act of indecency with or towards a person under the age of 16 years, or incites a person under that age to an act of indecency with or towards that or another person, is liable to imprisonment for 2 years. Any person who commits an act of indecency with or towards a person of the age of 16 years or above, or incites a person of the age of 16 years or above to an act of indecency with or towards that or another person, is liable to imprisonment for 18 months.
CIVIL LIABILITY ACT 2002 - SECT 5 Definitions5 Definitions In this Part: "harm" means harm of any kind, including the following: personal injury or death, (b) damage to property, (c) economic loss. "negligence" means failure to exercise reasonable care and skill. "personal injury" includes: (a) pre-natal injury, and (b) impairment of a person’s physical or mental condition, and (c) disease. Division 2 - Duty of care 5B General principles A person is not negligent in failing to take precautions against a risk of harm unless: the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known), and the risk was not insignificant, and in the circumstances, a reasonable person in the person’s position would have taken those precautions. In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things): the probability that the harm would occur if care were not taken, the likely seriousness of the harm, the burden of taking precautions to avoid the risk of harm, the social utility of the activity that creates the risk of harm. Other principles5C Other principles In proceedings relating to liability for negligence: the burden of taking precautions to avoid a risk of harm includes the burden of taking precautions to avoid similar risks of harm for which the person may be responsible, and the fact that a risk of harm could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done, and the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of harm does not of itself give rise to or affect liability in respect of the risk and does not of itself constitute an admission of liability in connection with the risk. Source: http://www3.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/index.html#s70
CIVIL LIABILITY ACT 2002 - SECT 5D Division 3 - Causation General principles5D General principles A determination that negligence caused particular harm comprises the following elements: that the negligence was a necessary condition of the occurrence of the harm ( "factual causation"), and that it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused ( "scope of liability"). In determining in an exceptional case, in accordance with established principles, whether negligence that cannot be established as a necessary condition of the occurrence of harm should be accepted as establishing factual causation, the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed on the negligent party. If it is relevant to the determination of factual causation to determine what the person who suffered harm would have done if the negligent person had not been negligent: the matter is to be determined subjectively in the light of all relevant circumstances, subject to paragraph (b), and any statement made by the person after suffering the harm about what he or she would have done is inadmissible except to the extent (if any) that the statement is against his or her interest. (4) For the purpose of determining the scope of liability, the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed on the negligent party.
CIVIL LIABILITY ACT 2002 - SECT 5G Injured persons presumed to be aware of obvious risks5G Injured persons presumed to be aware of obvious risks In determining liability for negligence, a person who suffers harm is presumed to have been aware of the risk of harm if it was an obvious risk, unless the person proves on the balance of probabilities that he or she was not aware of the risk. For the purposes of this section, a person is aware of a risk if the person is aware of the type or kind of risk, even if the person is not aware of the precise nature, extent or manner of occurrence of the risk.
CIVIL LIABILITY ACT 2002 - SECT 5H No proactive duty to warn of obvious risk5H No proactive duty to warn of obvious risk A person ( "the defendant") does not owe a duty of care to another person ( "the plaintiff") to warn of an obvious risk to the plaintiff. This section does not apply if: the plaintiff has requested advice or information about the risk from the defendant, or the defendant is required by a written law to warn the plaintiff of the risk, or the defendant is a professional and the risk is a risk of the death of or personal injury to the plaintiff from the provision of a professional service by the defendant. (3) Subsection (2) does not give rise to a presumption of a duty to warn of a risk in the circumstances referred to in that subsection.
Children’s Court Clinic Welcome to the Children's Court ClinicThe Children's Court Clinic was established under the Children and Young Persons (Care and Protection) Act 1998, to provide clinical assessments of children, young people and their families for the Children's Court. These independent, expert assessments are used by Children's Magistrates and Judges in their decision making under this Act. How to Find UsThe Children's Court Clinic at Parramatta is part of the NSW Children's Court Our opening hours are 8:30 a.m. - 4:30 p.m, Monday to Friday.Phone: 8688 1530Fax: 8688 1520Our street address is:2 George St ParramattaClick Here for our Google MapOur postal address:Locked Bag 5114PARRAMATTA 2124orDX 8257 PARRAMATTAThe Children's Court Clinic at Broadmeadow19-23 Lambton RdBroadmeadowClick Here for our Google Map
How to Obtain a Clinic Assessment Information for those seeking an assessment 1. What is an Application for an Assessment Order? An assessment order is granted by a court to obtain an independent assessment that will enable the court to reach an informed decision about the needs of the child or young person, to facilitate decisions about permanency planning. Under the Children and Young Persons (Care and Protection) Act 1998 the assessment order could be for an assessment of a child or young person (s.53)* or to assess the capacity of a person with parental responsibility or who is seeking parental responsibility for a child or young person (s.54). * Reference to sections of the Act (eg s.53) refers to the Children and Young Persons (Care and Protection) Act 1998 unless otherwise specified. Check the Act for the precise meaning. 2. Who Can Apply for an Assessment Order?To obtain a clinic assessment, any party to a care application (s.55) may complete the 'Application to the Children's Court for Assessment Order' form and present it to the court.When considering whether to make an assessment order, the court will take into account whether the proposed assessment is necessary, whether the information sought can be obtained elsewhere, and whether the assessment will produce any unnecessary distress to the child or young person. The Children’s Court Clinic does not undertake physical, medical or emergency assessments. These are best done by medical practitioners.When the court makes an assessment order it will usually appoint the Children’s Court Clinic to conduct the assessment and submit the required report.3. When to Lodge an Assessment ApplicationParties may consider lodging an application for an assessment when: There is a need to unravel the complications of cases that are unclear and there is dispute over what is in the best interests of the child The information required is clinical in nature. The information needed will assist the court to decide how best to ensure children and young people’s safety, welfare and well-being (s.56). The court will be aided in its decision, and the Children's Court Clinic will be better able to provide a useful assessment, if a clear summary of the case, agreed by all parties involved, is provided in the Application for an Assessment Order. Included with this summary should be the questions that the parties wish to resolve and a relevant and succinct list of issues to be addressed by the clinician. Scroll down to Section 7 below (Questions in an Assessment Order).4. Is consent required for an assessment order? Assessments can only be conducted with the valid consent of the person(s) being assessed. This is required before an assessment application is lodged. The person to be assessed clearly needs to be informed of the need for the assessment. Valid consent involves ensuring the person understands the reasons for seeking the particular assessment, what the assessment will involve and what the likely outcomes will be from the assessment. Often the legal representative of the person being assessed will consent on the person's behalf in court. This implies a duty of care from the legal representative to explain to his or her client the reasons for seeking the particular assessment order(s), what the assessment may involve, and what the likely outcomes will be for the assessment. A child or young person can refuse to submit to an assessment if he or she is of sufficient understanding to make an informed decision s.53(4). Refer to source or further information : http://www.lawlink.nsw.gov.au/lawlink/ccc/ll_ccc.nsf/pages/CCC_procedures1#2
OMBUDSMAN ACT 1974 - SECT 26A Authority to pay compensation 26A Authority to pay compensation (1) If the Ombudsman recommends in a report under section 26 that compensation be paid to a person by a person other than a local government authority, the responsible Minister: (a) at the request of the head of the public authority whose conduct is the subject of the report, and (b) with the concurrence of the Treasurer, may authorise the payment of compensation to the person out of the appropriate fund. (2) If the payment of compensation authorised under this section is to be made by a Department referred to in Schedule 3 to the Public Finance and Audit Act 1983, the Treasurer may authorise payment out of the Consolidated Fund (but not otherwise), which is accordingly appropriated to the necessary extent. (3) If the Ombudsman recommends in such a report that compensation be paid to a person by a local government authority, the local government authority may authorise the payment of compensation to that person out of its funds. (4) The functions that may be delegated under section 377 of the Local Government Act 1993by a council do not include a function relating to the authorisation of the payment of compensation under this section. (5) Nothing in any other Act prevents the payment of compensation in accordance with an authority given under this section, and the amount of compensation paid may be the same as, or may be more or less than, any amount recommended in the Ombudsman’s report.
Documents referred to in this report CHILD CARE ACT 1972 CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 248 Provision and exchange of informationChildren and Young Persons (Care and Protection) Act 1998 No 157 Children and Young Persons (Care and Protection) Act 1998 No 157 Children and Young Persons (Care and Protection) Amendment (Out-of-Home Care) Regulation 2003 Commonwealth of Australia Consolidated Acts COMMUNITY SERVICES (COMPLAINTS, APPEALS AND MONITORING) BILL 1993 Explanatory Notes Community Welfare Act 1987 No 52 Community Welfare Act 1987 No 52 CRIMES ACT 1900 - SECT 140C Making false statements with intent to cause public alarm CRIMES ACT 1900 - SECT 249K Blackmail offence CRIMES ACT 1900 - SECT 4 Definitions CRIMES AMENDMENT (FRAUD, IDENTITY AND FORGERY OFFENCES) ACT 2009 - SCHEDULE 1 DoCS OOHC legislation DoCS: OOHC legislation DoCS_ OOHC legislation HEALTH CARE COMPLAINTS ACT 1993 OMBUDSMAN ACT 1974 - SECT 26A Authority to pay compensationoohcreg2003.pdf (application pdf Object) oohcreg2003.pdf (application/pdf Object) oohcreg2003.pdf (application_pdf Object) PUBLIC FINANCE AND AUDIT ACT 1983 PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 151 Conduct of investigations PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 3 Definitions