Please tell me how the new Crimes Act s 195A will affect me in my work as an in-home caregiver?

Question Details: I understand there have been changes made recently in this area of law.

Filed under Criminal Law | 1550 View(s)

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Community Law Wellington & Hutt Valley

This new law means that you may be criminally responsible if you have frequent contact with a child or vulnerable adult (victim), and you know that they are being harmed or at risk of being harmed, and you fail to intervene. The harm includes:
• risk of death
• grievous bodily harm
• sexual assault

The law applies if the victim is harmed by a staff member of a hospital, institution or residence the victim is living in, or by a member of the same victim’s household. You can be a “household member” even if you don’t actually live in the house with the victim, if you are so closely connected with the household that it is reasonable in the circumstances to call you a “household member”. This could include, for example, a neighbour, whānau member or friend.

As a caregiver, you must take reasonable steps to protect vulnerable people. It is up to you to report serious harm once you become aware of it, otherwise you might be criminally responsible if something happens to the victim. You should follow the policy of your workplace to tell someone about any concerns you have. If there is no policy, you should tell your supervisor/manager. If you are self-employed you should tell the Police.

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