Improving protection for people in state care

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Source: New Zealand Government

The Government is improving the protection for people in state care, with the Responding to Abuse in Care Legislation Amendment Bill passing its third reading.

“This Bill is an important part of our wider response and complements the work already well underway to implement the Royal Commission’s recommendations. The changes will improve the safety and wellbeing of children, young people, and adults in care,” Lead Coordination Minister Erica Stanford says.

“We are committed to doing better for survivors, and I know these changes to our existing legislation will make a difference.” 

The legislation changes include:

Oranga Tamariki Act 

  • Removes the ability to undertake strip searches of young people in secure residential care.
  • Clarifies the amount of time a child can be placed in secure care units.
  • Provides new search powers for people visiting youth justice facilities to improve the safety of young people and staff. Body image scanners will be used to search for harmful items on entry to a secure Youth Justice residence.

Children’s Act 

  • Establishes process to prevent NZ citizens and residents with overseas convictions associated with serious harm from working with children. 

Crimes Act 

  • Includes disability in the definition of vulnerable adult to make it explicit that those caring for disabled adults owe them a statutory duty of care. 

Records Act 

  • Enforces better record keeping by Government agencies to address challenges survivors faced in accessing their records.
  • Enhances current monitoring powers of the Chief Archivist with the potential to issue performance notices to agencies to improve recordkeeping practice. 

“I want to acknowledge the bravery of the nearly 2,400 courageous survivors who shared their experiences of abuse and neglect with the Commission and contributed to its important work. 

“There is still a lot more to be done to ensure the wrongs of the past are not repeated. The Government is committed to continuing this work with urgency and care,” Ms Stanford says.

MIL OSI

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