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The Law for Young People "Working with Young People"
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If I am aware that a young person has an illegal drug in their possession and they are on my property or in my office, can I be charged?Under the Drugs Misuse Act anyone who is in charge of a property and permits illegal drugs to be present is committing an offence. You should request that the illegal substance be removed immediately. top If a young person gives a youth worker an illegal substance to dispose of, can that youth worker be charged?It is possible that the youth worker can be charged with possession of a dangerous drug. The onus may be on the youth worker to prove that they gained possession of the drug as part of a duty of care policy and that they had intended to dispose of the drug immediately and safely. While you are not obliged to tell the police which young person you took the drugs from, if the police do not believe your story, you may be charged. top If I take some drugs or utensils from a young person and destroy them, can I be charged for destroying evidence?It is possible that the Police may believe you are intentionally destroying the drugs for the purposes of preventing its use as evidence. If you are destroying the drugs or utensils for safety precautions or as part of your duty of care, the police may decide not to charge you. top If I take an illegal drug or utensil from a young person, am I obliged to tell the police?Everyone has the right to remain silent. If you are confiscating and destroying the drugs or utensils as a safety precaution or as a part of your duty of care, you have no obligation to tell the police. Schools have a policy to always tell the police.
If a young person I am working with gives me something (eg can of drink) which may have been stolen, can I be charged?Only if the Police can prove that you were aware that the item in question had been stolen or gained through illegal means. If you know the young person has a history of offending, but you have no reason to believe that the item is stolen property or had been gained through illegal means (tainted property), then you have not committed an offence. top If a young person gives a youth worker an illegal weapon to mind, can that youth worker be charged?It is possible that the youth worker can be charged with possession of an illegal weapon. The onus may be on the youth worker to prove that they gained possession of the illegal weapon as part of a duty of care policy and that they had intended to dispose of the weapon immediately and safely. While you are not obliged to tell the police which young person you took the weapon from, if the police do not believe your story, you may be charged. top What should I do if I find a weapon?If it is an illegal weapon (such as a gun), you should take it to the police station. It may be wise to phone the Police first. If the Police find you in posession of the weapon, they may not believe that you were on your way to the Police Station to hand it in. top If I discover that a young person I am working with has been subjected to child abuse, do I have to tell the police or anyone else?NO. Unless you are a worker within a licensed child residential facility (Child Protection Act 1999). Medicl practitioners also have manditory reporting requirements (Health Act 1937). Education Queensland has a policy requiring teachers to report child abuse to the Director of Education Queensland, however this is a policy, not law. top If a young person who has escaped from lawful custody turns up in my office, am I obliged to ring the police?NO. There is no obligation to inform the Police of the whereabouts of a young person who has escaped from custody. However there are laws which prevent you harboring an escapee. Harboring is like hiding, protecting or letting them board in your home. It may be argued that providing food or money to sustain good health may not be harboring.
If you see a young person exiting a Police vehicle and running away, are you obliged to stop the person or tell the Police?NO. Firstly, you do not know if the young person is even under arrest. They may have simply changed their mind about assisting police in their investigations,or it may be possible they got scared or saw a friend that they wanted to be with. Secondly, even if the young person was in police custody, you have a right to remain silent if you choose to do so. However, if that young person committed an offence by running away and the police believe that you have information or witnessed the offence taking place, then they have the power to demand your Name and Address. Again, you have the right to remain silent after you have provided your personal details. top If a youth worker professionally advises a young person to talk to the police about an offence they may have committed without also advising them that they have a right to remain silent and to seek legal advice, can they be sued?YES. If the actions taken on your professional advice result in future hardship for that young person, and if the actions may not have occurrd but for your advice, that young person may have cause to seek damages.
If the Police wish to look in your files, do you have to show them?NO, unless they have a warrant or a court order. If a warrant or court order is obtained, you must hand over the relevant information. Should you be called to court to give evidence about the files or to produce the files, you can request the court consider the importance of confidentiality to your organisation and the possible impact a breach of this confidentiality may have on the future ability of your organisation to provide effective counselling. In some cases the courts have accepted this position and refused to look at the files.
Can Police give information about a young person's criminal history to a School?NO. The young person has a right to privacy and the Juvenile Justice Act (1992) prevents any person who has gained information through their involvement with the Act to divulge any identifying information outside of the Justice system.
Can I be charged for obstructing Police if I refuse to tell them the whereabouts of a young person?NO. Everyone has the right to remain silent. However, if you give the police incorrect information or deliberately obstruct the police in the process of their investigations, you may be charged. top If the Police believe you have information about a crime, do you have to give them your name and address if requested?YES.This requirement is contained in the Police Powers and Responsibilities Act. If the police believe you have information or are a witness to an offence, they have the power to request details of your name and address. You then have a right to remain silent and you are not obliged to give the police any further information. top
Can a youth worker be moved on by the Police?YES. If the area is defined within the Police Powers and Responsibilities Act or is a 'designated place' and the police have reason to move you on, they can do so. They must give you clear directions relating to the distance and the time period for which the move-on direction applies. top Can I provide Counselling to a young person under 18yrs if their Parents give clear instructions not to do so? What if the young person wants to continue?There are no laws which clearly state this position. In regards to Medical staff there have been some precedents. In these cases, it was decided that the Professional must form an opinion about the capacity and ability of the young person to fully understand the situation including the potential consequences of the actions to be taken. For example if a Doctor believes that the young person understands the impact of contraception, they may give that person advice and medication in the absence of parental approval. It is arguable that the same principle should apply regarding the provision of counselling.
Do I have to tell Parents or guardians the content of a counselling session with their daughter or son?NO. Keeping the previous question in mind, the level of confidentiality offered to the young person prior to the start of the counselling relationship should be maintained. A young person may have the right to take action against you in the future if your breach of confidentiality results in that young person experiencing hardship.
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