Care, supervision or authority
37 Care, supervision or authority
S. 37 substituted by No. 81/1991 s. 3, amended by Nos 81/1997 s. 4, 2/2006 s. 4, substituted by No. 57/2007 s. 3, repealed by No. 74/2014 s. 7(3), new s. 37 inserted by No. 47/2016 s. 5.
Without limiting the circumstances in which a child is under the care, supervision or authority of a person, a person (A) has a child (B) under their care, supervision or authority if A is—
B's parent or step-parent; or
B's teacher; or
B's employer; or
B's youth worker; or
B's sports coach; or
B's counsellor; or
B's health professional; or
a person who has parental responsibility (within the meaning of the Children, Youth and Families Act 2005) for B; or
a religious or spiritual guide, or a leader or official (including a lay member) of a church or religious body, however any such guide, leader, official, church or body is described, who provides care, advice or instruction to B or has authority over B; or
S. 37(1)(j) amended by No. 17/2023 s. 59.
an out of home carer (within the meaning given by section 161A of the Children, Youth and Families Act 2005) of B; or
a police officer acting in the course of their duty in respect of B; or
S. 37(1)(l) amended by No. 32/2024 s. 1022.
employed in, or providing services in, a youth justice custodial centre or prison and is acting in the course of their duty in respect of B.
In this section—
parent includes—
a parent by operation of the Adoption Act 1984; and
a parent by operation of the Status of Children Act 1974;
step-parent, in relation to a person, includes the spouse or domestic partner of the person's parent.
S. 37AAA inserted by No. 57/2007 s. 4, repealed by No. 74/2014 s. 7(3).
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S. 37AA inserted by No. 57/2007 s. 4, repealed by No. 74/2014 s. 7(3).
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