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Oversight of Oranga Tamariki System Act 2022

Information provisions and other matters - Other matters - Reports of interference or non-compliance

53: Monitor may report interference or non-compliance

You could also call this:

"The Monitor can report problems if someone interferes with their work or doesn't follow the rules."

Illustration for Oversight of Oranga Tamariki System Act 2022

The Monitor is someone who checks if things are working properly. You might wonder what happens if they find a problem. If the Monitor thinks someone is interfering with their work, or if someone is not doing what they are supposed to do, they can write a report. This report can be sent to important people like the chief executive of a department or a Minister. The Monitor can write a report if someone does not answer a report they sent, or if they are not allowed to enter a place they need to visit. They can also write a report if someone is not giving them the information they need, or if a caregiver is not letting them see a child or young person. When the Monitor writes a report, they have to give a copy to certain Ministers. These Ministers might then talk about the report in the House of Representatives. The Monitor can also put the report on their website, but they have to be careful not to say anything bad about someone without giving them a chance to respond. If the report has information about a person, like a caregiver, the Monitor has to remove or hide that information unless the person says it is okay to include it. However, if the information might identify a child or young person, it must not be included, even if the person consents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS591520.

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"Ombudsman shares information to keep children safe"

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Part 3Information provisions and other matters
Other matters: Reports of interference or non-compliance

53Monitor may report interference or non-compliance

  1. The Monitor may report to the chief executive of a department or an agency, or to any Minister responsible for the department or an agency, if—

  2. the Monitor considers there has been interference with the performance of their monitoring function under this Act:
    1. a chief executive of an agency has not provided a response to a final report of the Monitor within the time frame specified in section 30(3), or as extended under section 30(4):
      1. any authorised staff member of the Monitor has been denied entry to premises under section 36 (other than in exceptional circumstances within the meaning of section 36(2)):
        1. an agency has not complied with a requirement to provide information under section 45:
          1. a child’s or young person’s caregiver has unduly delayed or denied access to the child or young person after being required to facilitate access under section 47.

            1. The Monitor must give a copy of any report prepared under subsection (1) to the Minister responsible for the Monitor and the Minister responsible for the administration of the Oranga Tamariki Act 1989.

            2. The Minister responsible for the Monitor may report to the House of Representatives on the matter.

            3. The Monitor may publicly notify the matter on an Internet site maintained by or on behalf of the Monitor.

            4. The Monitor must not, in any report under this section, make any comment that is adverse to any individual unless the individual has first been given a reasonable opportunity to be heard.

            5. If a report prepared under this section contains information that may identify an individual caregiver or other individual delivering services or support through the Oranga Tamariki system, that information must be redacted or withheld from publication unless—

            6. the individual concerned consents to the information being included in the report; or
              1. the Monitor or the chief executive of the agency (as applicable) considers that the public interest in including the information in the report outweighs the individual’s privacy interests.

                1. However, the exception in subsection (6) may not be relied on if release of the information may identify any child or young person who has received services or support through the Oranga Tamariki system from an individual referred to in that subsection.