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Redress System for Abuse in Care Bill

Preliminary provisions

5: Interpretation

You could also call this:

"What words mean in the Redress System for Abuse in Care Bill"

Illustration for Redress System for Abuse in Care Bill

This bill is about a new system to help people who were abused while in care. You need to understand what some words mean in this bill. Abuse can be physical, sexual, or emotional. The bill explains what 'abuse in care' means. It happens when someone is abused while in the care of the State or another person. The State has a duty to care for that person. An apology is when someone says sorry for what they did. It can include a statement of what happened and why they are sorry. It might even say that they were at fault. The bill also talks about an 'at-risk adult'. This is an adult who needs care because they are sick, impaired, or disabled. A 'civil proceeding' is a court case that is not about a crime. A 'criminal record' is a list of crimes someone has been found guilty of. It includes any sentences or orders they got because of those crimes. A 'criminal record check' is when someone looks at a person's criminal record. The Minister is the person in charge of this bill. 'Redress' means helping someone who was abused. This help can be an apology, money, or counselling. A 'redress agency' is a group that cares for children, young people, or at-risk adults. A 'redress officer' is the person in charge of helping people who were abused. A 'redress scheme' is a way to help people who were abused while in care. The bill explains what kind of abuse this scheme is for. It includes abuse by people who worked for the government or schools. It also includes abuse in hospitals or other places where people were cared for. The bill talks about 'relevant Corrections information'. This is information about what happens to serious offenders when they try to rehabilitate. A 'serious violent or sexual offender' is someone who has done a very bad crime. They have been sentenced to at least 5 years in prison. The 'State' includes government agencies and schools. It also includes hospitals and other places where people are cared for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1530219.

Topics:
Crime and justice > Victim supportFamily and relationships > Children and parentingHealth and wellbeing > Mental health
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4: Purpose of redress scheme, or

"Help for People Abused in Care"

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6: Transitional, savings, and related provisions, or

"Special rules to help when the law changes"

Part 1Preliminary provisions

5Interpretation

  1. In this Act, unless the context otherwise requires,—

    abuse means physical, sexual, and emotional or psychological abuse or neglect

      abuse in care means the abuse of a person arising from, or relating to, acts or omissions that occur while that person is in the care or control of the state or another person and at a time when the State—

      1. has assumed responsibility for the person’s care; or
        1. has a duty of care to the person (including a duty to inquire)

          apology—

          1. means an acknowledgement or expression of sympathy or regret; and
            1. includes any statement of facts on which the apology is based; and
              1. may include an admission of fault

                at-risk adult means an adult in need of care by reason of mental illness, impairment, or disability

                  civil proceeding means any proceeding (including any public law or judicial review proceeding) before a court or tribunal other than a criminal proceeding

                    criminal record, in relation to any person, means any—

                    1. charges laid against the person that have resulted in a conviction; and
                      1. convictions entered against the person; and
                        1. sentences imposed on the person; and
                          1. orders imposed on the person as a result of a conviction

                            criminal record check means an investigation into the criminal record of any person

                              Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

                                redress means the provision of 1 or more of the following to a person who has applied for redress under a redress scheme:

                                1. an apology:
                                  1. a financial payment (financial redress):
                                    1. counselling or other well-being support

                                      redress agency means any public service agency (as defined in section 5 of the Public Services Act 2020) or predecessor agency that has, or had, responsibility for the care of children, young persons, or at-risk adults

                                        redress officer means the redress officer appointed under section 10

                                          redress scheme means an alternative dispute resolution scheme that provides for redress for any of the following:

                                          1. the abuse of children and young persons arising from, or relating to, the acts or omissions of Oranga Tamariki—Ministry for Children in performing its statutory functions in relation to the care, protection, or control of children and young persons:
                                            1. the abuse of children and young persons arising from, or relating to, the acts or omissions of a predecessor agency of Oranga Tamariki—Ministry for Children in performing its statutory functions in relation to the care, protection, or control of children and young persons:
                                              1. the abuse of patients in State-run psychiatric and psychopaedic facilities before 1 July 1993:
                                                1. the abuse of children and young persons attending—
                                                  1. a specialist school or primary school before 1 October 1989; or
                                                    1. a State school that has been closed under section 199 of the Education and Training Act 2020 or any corresponding former legislation:
                                                    2. the abuse of inmates of youth penal institutions (including borstal institutions operated under the Penal Institutions Act 1954):
                                                      1. the abuse of children and young persons arising from, or relating to, the acts or omissions of the Ministry of Māori Development—Te Puni Kōkiri or its predecessor agencies in performing their functions so far as they relate, or related, to the care, protection, or control of children and young persons

                                                        relevant Corrections information means any information held by the Department of Corrections in respect of any rehabilitation undertaken by a serious violent or sexual offender

                                                          serious violent or sexual offender means a person who—

                                                          1. has been convicted of an offence listed in Schedule 1AB of the Sentencing Act 2002; and
                                                            1. has received a sentence of a term of imprisonment of 5 years or more or in relation to that offence (whether or not that sentence was also imposed in relation to any other offence)

                                                              State includes—

                                                              1. a district health board established by the New Zealand Public Health and Disability Act 2000; and
                                                                1. a State school that has been closed under section 199 of the Education and Training Act 2020 or any corresponding former legislation.