Mauritius
Child Protection Act
Act 30 of 1994
- Commenced on 1 April 1995
- [This is the version of this document at 30 June 2017.]
1. Short title
This Act may be cited as the Child Protection Act.2. Interpretation
In this Act—"child" means any unmarried person under the age of 18;"child mentor" means a person registered as such by the Permanent Secretary;"Code of Ethics" means the Code of Ethics for mentors, set out in the First Schedule;"Committee" means the Child Mentoring Committee referred to in section 3B;"Court" means the Juvenile Court having jurisdiction over the district in which the child is, or is reasonably believed to be, found;"film" has the same meaning as in the Films Act;"foster home" means a home registered under regulations made under this Act or approved by the Minister;"gaming house" has the same meaning as in the Gaming Act;"harm" includes physical, sexual, psychological, emotional or moral injury, neglect, ill-treatment, impairment of health or development;"indecent photograph" includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film;"mentoring order" means an order issued by the Court under section 3D;"Minister" means the Minister to whom responsibility for the subject of child development and family welfare is assigned;"parent" means the father, mother or legal guardian of a child and includes any person in charge of a child;"Permanent Secretary" means the Permanent Secretary of the Ministry or any public officer designated by him to act on his behalf;"photograph" includes—(a)the negative as well as the positive version; and(b)data stored on a computer disc or by other electronic means which is capable of conversion into a photograph;"place of safety" means any place designated by the Minister, and includes a foster home, a convent, a charitable institution, an institution for children and a hospital;"pseudo-photograph" means an image, whether made by computer graphics or by any other means, which appears to be a photograph;"Scheme" means the Child Mentoring Scheme set up under section 3A.[S. 2 amended by Act 15 of 1998; s. 22 (1) (a) of Act 22 of 2003 w.e.f. 9 August 2003; s. 3 of Act 40 of 2008 w.e.f. 20 December 2008.]3. Enquiry
Where the Permanent Secretary has reasonable cause to suspect that a child is being exposed to harm and is in need of assistance, he may summon any person, with or without the child, to give evidence for the purpose of enquiring into the matter.3A. Child Mentoring Scheme
3B. Child Mentoring Committee
3C. Child mentor
3D. Mentoring order
3E. Report on compliance
The District Magistrate may, in relation to any order made by him under section 3D and where he deems appropriate, direct the Permanent Secretary to report to him on the compliance with the said order, at such regular intervals as he thinks fit.[S. 3E inserted by s. 4 of Act 40 of 2008 w.e.f. 20 December 2008.]3F. Offence by child mentor
4. Emergency protection order
5. Duration of order
6. Discharge of order
7. Follow-up action
Where an emergency protection order has been made in respect of a child, the Permanent Secretary may at any time within a period of 12 months after the order has lapsed—8. Committal to place of safety
9. Removal from place of safety
Where a child is placed in a place of safety, any person who knowingly and without lawful authority or reasonable excuse—10. Appeal
11. Duty to report
Notwithstanding any other enactment, where a person exercising any medical or paramedical profession or a member of the staff of a school has reason to suspect that a child he is examining or who is frequenting the school, as the case may be, has been ill-treated, neglected, abandoned or otherwise exposed to harm, he shall immediately notify the Permanent Secretary.[S. 11 amended by Act 15 of 1998.]12. Recording of statement
Notwithstanding any other enactment or rule of law, where the Permanent Secretary has reasonable ground to believe that the interests of a child so require, a statement may, in the presence of the Permanent Secretary, be recorded from him in the absence or without the consent of his parent.13. Ill-treatment
13A. Child trafficking
13B. Abandonment of child
13C. Abducting child
14. Sexual offences
15. Indecent photographs of children
16. Licensed premises
17. Mendicity
Any person who causes or allows any child under his care to beg shall commit an offence.18. Offences and penalties
19. Jurisdiction
Notwithstanding section 114 of the Courts Act and section 72 of the District and Intermediate (Criminal Jurisdiction) Act, a Magistrate shall have jurisdiction to try an offence under this Act and may impose any penalty provided in this Act.19A. Extradition
An offence under section 15 of this Act shall be considered to be an extraditable crime for which extradition may be granted or obtained under the Extradition Act.[S. 19A inserted by s. 22 (1) (d) of Act 22 of 2003 w.e.f. 9 August 2003.]20. Protection from liability
21. Regulations
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History of this document
30 June 2017 this version
Consolidation
01 April 1995
Commenced