42Information to be proactively provided to Ombudsman

1. The purpose of this section is to provide an Ombudsman with access to classes of information to assist the Ombudsman when they are considering matters that fall under the Ombudsmen Act 1975 and relate to services or support delivered by—

2. Oranga Tamariki; or
3. care or custody providers.

4. The chief executive of Oranga Tamariki or the care or custody provider must provide an Ombudsman with access to all information that is available to them in the following categories:

5. information relating to every critical or serious incident:
6. information on complaints made to Oranga Tamariki or the care or custody provider:
7. information on trends and data that identify patterns of those complaints:
8. any other class of information that the Ombudsman specifies in writing will inform their consideration of matters that relate to an agency delivering services in the Oranga Tamariki system and that may fall under the Ombudsmen Act 1975 or assist in carrying out preliminary inquiries under section 41.

9. An Ombudsman may, after consulting the chief executive of Oranga Tamariki and care or custody providers, specify in writing the manner and reasonable time frame within which any information referred to in subsection (2)(a) to (d) must be provided.

10. For the purposes of subsection (2)(a), critical or serious incident includes (without limitation)—

11. the death of a child or young person with current or recent involvement under the Oranga Tamariki Act 1989:
12. the death of an adult who was in recent contact with Oranga Tamariki or who was the victim of youth offending (or alleged youth offending):
13. the suicide or attempted suicide of a child or young person in care or custody:
14. self-harm resulting in significant injury to a child or young person in care or custody or a sustained pattern of self-harm by the child or young person:
15. allegations and substantiated findings of abuse (being actions or omissions that cause emotional, physical, or sexual harm, or constitute sexual harassment) or neglect by a staff member against a child or young person in care or custody:
16. allegations and substantiated findings of abuse (being actions or omissions that cause emotional, physical, or sexual harm) or neglect by a caregiver against a child or young person in care or custody:
17. allegations and substantiated findings of abuse (being actions or omissions that cause emotional, physical, or sexual harm) or neglect by any other person against a child or young person in care or custody:
18. use of force against a child or young person in care or custody by a staff member of a residence established under section 364 of the Oranga Tamariki Act 1989:
19. an event or a situation in which imminent serious injury to or death of a child or young person in care or custody was averted:
20. an event or a situation in a youth justice residence or facility, or involving staff of the residence or facility, in which imminent serious injury to or death of a child or young person was averted:
21. a report that a child or young person is missing from their placement or has absconded from a youth justice residence or other secure care.