Legal And Judicial System In Community Services Assignment 2022

Running head: LEGAL AND JUDICIAL SYSTEM IN COMMUNITY SERVICES
LEGAL AND JUDICIAL SYSTEM IN COMMUNITY SERVICES
Name of the Student:
Name of the University:
Author Note:

LEGAL AND JUDICIAL SYSTEM IN COMMUNITY SERVICES1
1. A policy can be regarded as a set of principles used for making decision. It is also used to
provide guidance to decisions and achieving the rational results. A policy is basically a
statement showing intent and is implemented like a protocol or procedure.
2. The main objective behind policy is that it provides a plan of actions that can be used to
provide guidance to result desired outcomes and it is the fundamental guideline to be
followed for making decisions.
3. The Department of the Health and Human Services is responsible for publishing policy s
well as funding guidelines annually for funded agencies. It corresponds to the community
services policies and principles of 2019.
Part 2:
1. A new type of criminal offence has been identified for protecting the child below 16
years of age from risk of sexual abuse since 1st July of 2015 (Wright, Swain &
McPhillips, 2017). The offence is applicable to the person in authority that possesses the
duty of authority or supervision on the children. Such person will said to commit an
offence if they are aware of the risk of exposing the child to sexual abuse or he has the
authority and the power to remove or even reduce the risk but had failed to do it due to
negligence.
2. The relevant organizations in this regard are the churches and similar religious bodies,
educational and care services like family daycare service, kindergarten services, outside
school timing service, child care centres, licensed services of children, schools or other
educational centres, boarding schools, youth organizations and others.
3. The above discussed offence is applicable to any person in authority in an organization
that provides care, supervision as well as authority on the children. These persons include

LEGAL AND JUDICIAL SYSTEM IN COMMUNITY SERVICES2
staffs from Department of Health & Human Services as well as those volunteering or
working for other organizations, even those not funded by the department. The person in
authority is actually one who due to their position in the organization possesses the power
as well as the duty to remove or decrease the substantial risk subjected to the child sexual
abuse. Examples of such person in authority in an organization include school principals,
religious leaders and others.
4. The relevant child is the one who was subjected to sexual child abuse due to negligence
by the person in authority. Such child must be below 16 years of age and who has come
or may come under the care, authority or supervision of any relevant organization.
5. The alleged offence requires the person who is in authority to act when they have the
knowledge that a person who is associated with that organization may pose a substantial
risk of committing child abuse. Such persons include adult sexual offenders who are
registered and getting services from department will not be taken into consideration to be
in association with the organization only because they are department’s client.
6. Substantial risk means there is a high chance and strong possibility that the risk may be
resulted. It means that an adult person who is associated with the orgaisation can commit
sexual offence towards any relevant child. To consider whether a risk can be considered
to be substantial or not, the court will take into consideration various factors.
7. The person may know that a child is in a risk of child abuse when he can have observed
that there are similar instances happened previously.
8. The alleged offence did not criminalise public members on their failure to protect a child
from risk of sexual abuse as it is applicable to the person in authority of an organization
that has the duty to care, supervise over children.