There has been some discussion about the legalities of DOCS interviewing children.

DOCS can interview children without parents and a support person present. If DOCS come to your home to interview you and your children and you allow them to speak to your children alone, then they will do so. If you tell DOCS that you want a support person present, DOCS have to do so, but only if they believe that having a support person will not obstruct the interview process with the children. This support person can not be the person who is thought to have caused the harm to the children either.

When DOCS go to schools to interview children they will speak with school staff first to get an understanding of the demeaner, the intellectual capacity, level of understanding etc of the child to determine if a support person is needed as well as the type of interview question that will be asked. The child should be asked if they wish to have a support person with them, and if the child says yes, a member of staff from the school (either their teacher or principal) will be asked to sit in on the interview.

If DOCS come to you home and your children aren't there and they ask to be able to speak to your children either at school or at some other time and you refuse, DOCS cannot go to the school without your permission. The only time that they can go to a school and interview children is by using Section 17 of the CP act. This information can be found here http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ChildProtectA99.pdf under Part 1. This section of the act must only be used at the begining of the investigation, that is before the parents have been spoken to and only if it is believed that by speaking to the parents first that the child may be placed at risk.

If you flat out refuse DOCS to interview your children, they can go to a magistrate and put forth a Temporary Assessment Order (TAO) which seeks the provision to have contact with your children. If the magistrate agrees to this, then you have no choice but to allow DOCS to interview your children. Once again you can ask for a support person to be present during the interview, however, DOCS are not bound by any law to do so. If they are decent workers (and there are some) they will allow a support person there.

The purpose of the support person is to be there for the child. They are not to speak for the child or during the interview, they are not to disrupt the interview in anyway. Some information on this can be found here http://www.childsafety.qld.gov.au/p...estigation-assessment/support-guide.html . Also information on interviewing children can be found here http://www.childsafety.qld.gov.au/p...-assessment/interview-child-process.html .

I will try to answer some of the questions that have been put on this forum.

As far as the legalities of interviewing children go, if you allow DOCS or the police to interview your children and there is not a support person present, this is not illegal. If you have allowed DOCS to interview your children and have asked for a support person to be present and DOCS have refused and have interview anyway without the support of a TAO, I don't believe this is illegal but is questionable as far as their practices go.

Yes a child under the age of 10 can be interviewed without an independent witness. If the parent or child has not asked for an independent witness or support person to be present then the interview will go ahead.

In the difference between a support person and adovcate, both are not to speak during the interview and cannot speak on behalf of the child during an interview. Both can be asked to leave the interview if they interfere or speak for the child. Parents can ask for their solicitor or legal representative to be present during the interview, however they are also not to speak for the child and are the same as a support person.