Oranga Tamariki (Residential Care) Regulations 1996

  • Previous title has changed
7 Right to personal privacy

(1)

Subject to section 384E of the Act, no child or young person in a residence shall be required to be naked in the presence of any member of staff of the residence or any other person for any purposes other than—

(a)

to undergo an examination by a medical practitioner or a nurse; or

(b)

to enable that member of staff or other person to assist the child or young person to wash, perform bodily functions, and generally attend to the daily needs of that child or young person, where that child or young person is unable to attend to those matters unaided.

(2)

Except where it is necessary to secure the safety of any child or young person, no child or young person in a residence shall be required to use a toilet in the presence of any other person.

(3)

Where a child or young person in a residence is required to be naked, or to use a toilet, in the presence of a member of staff,—

(a)

where practicable, that member of staff shall be of the same sex as the child or young person; and

(b)

subject to subclause (4), details of that requirement shall be recorded in the daily log.

(4)

Nothing in subclause (3)(b) applies where the requirement is of a kind that is—

(a)

permitted by subclause (1)(b) or subclause (2); and

(b)

contemplated by, and set out in, the child’s or young person’s care plan.

Regulation 7(1): amended, on 18 July 2002, by regulation 5 of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2002 (SR 2002/171).

Regulation 7(1)(a): amended, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).