Section 2
Section 2
(1)
In this Order, unless the context otherwise requires-
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"Action Team on Child Abuse" means a team established in accordance with section 9 of this Order;
"child" means a person under the age of eighteen years;
"Court" means a Court of law in Brunei Darussalam.;
"guardian" of a child means a parent of the child, or any person lawfully appointed by deed or will or by the order of a competent Court to be the guardian of the child, or a person who has lawfully adopted the child, and includes any person who has lawful custody of the child;
"hospital" means any government hospital and clinic or any private hospital or clinic;
"medical officer" means a registered medical practitioner in the service of the government and includes a registered medical practitioner in any private hospital or clinic;
"Minister" means the Minister responsible for childrens' matters;
"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for childrens' matters;
"police officer" has the meaning assigned thereto in the Royal Brunei
Police Force Act (Chapter 50);
"place of safety" means any place or institution declared to be such under section 44, or such other place or home as the protector deems suitable, the occupier of which is willing temporarily to receive a child;
"premises" includes any dwelling house, building, shop, room, conveyance or any place whether open or enclosed;
"protector" means the unit head of the social affairs services unit and such person as His Majesty may by notification in the Gazette, declare to be vested with all or any of the duties imposed upon a protector by this
Order and any public officer appointed under section 3;
"Register" means the Register kept and maintained under section 5;
"registered medical practitioner" means a medical practitioner registered under the Medical Practitioners and Dentists Act (Chapter 112);
"Registrar" means the Registrar appointed under section 4;
"school" means any government and non-government educational institution;
"senior police officer" means a police officer of any rank from and including the Commissioner down to and including a probationary assistant superintendent;
"social affairs services officer" means any social officer m the social affairs services unit;
"supervisor" means the officer in charge of a welfare home;
"unit head" means the head of the social affairs services unit;
"welfare home" means any welfare home gazetted by the government.
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(2)
For the purpose of this Order, a child is in need of protection if -
(a} the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his guardian;
(b)
the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse;
(c)
the guardian of the child is unfit, or has neglected or is unable, to exercise proper supervision and control over the child and the child is falling into bad association, or is exposed to moral danger, or is beyond control;
(dJ the guardian of the child has neglected or is unwilling to provide for him adequate care, food, clothing and shelter;
(e)
the child has no guardian, or has been abandoned by his guardian and after reasonable inquiries the guardian cannot be found, and no other suitable person is willing and able to care for the child;
(fJ the child needs to be examined, investigated or treated for the purpose of restoring or preserving his health and his guardian neglects or refuses to have him so examined, investigated or treated;
(gJ the child behaved in a manner that is, or is likely to be harmful to himself or to any other person and his guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the guardian fail;
(h)
there is such conflict between the child and his guardian, or between his guardians, that family relationships are seriously disrupted, thereby causing him emotional injury;
(i} the child is a person in respect of whom any of the offences mentioned in the Penal Code (Chapter 22) or any offence of the nature described in this Order has been or is believed to have been committed and his guardian is the person who committed such offence or is believed to have committed such offence or has not protected or is unlikely to protect him from such offence;
(j} the child is
(i)
a member of the same household as the child referred to in paragraph (iJ; or
(ii)
a member of the same house hold of the person who has been convicted of any of the offences referred to in paragraph (i), and appears to be in danger of the commission upon or in respect of him of a similar offence and his guardian is the person who committed or is believed to have committed the offence or his guardian is unable or unwilling to protect him from such offence;
(k)
the child is found begging.
(3)
For the purposes of this Order-
(a)
a child is physically injured if there is substantial and observable injury to any part of the child's body as a result of the non-accidental application of force or an agent to the child's body that is evidenced by, amongst other things, a laceration, a contusion, an abrasion, a scar, a fracture or other bone injury, a dislocation, a sprain, haemorrhaging, the rupture of a viscous, a burn, a scald, the loss or alteration of consciousness or physiological functioning or the loss of the hair or any teeth;
(b)
a child is emotionally injured if there is substantial and observable impairment of the child's mental or emotional functioning that is evidenced by, amongst other things, a mental or behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed development;
(c)
a child is sexually abused if he has taken ·part, whether as a participant or an observer, in any activity which is sexual in nature for the purposes of any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance or for the purpose of sexual exploitation by any person for that person's or another person's sexual gratification.
(4)
In the interpretation and application of this Order, when any question arises with respect to the welfare of a child in any particular circumstances, the best interests of the child shall always be the paramount consideration.