Interpretation

(1) In these Regulations, unless the context otherwise requiresCAP. 173. “Act” means the Families and Children Act; “child” has the same meaning assigned to in the Act; “child abuse” includes but is not limited to the infliction on a child of physical, psychological, emotional or sexual harm, injury, abuse or exploitation, and the ill-treatment or neglect of a child; “Department” means the Department of the Ministry with responsibility for Social Services and includes any district branch thereof; “Director” means the Director of the Department; “Family Court” shall have the meaning assigned to it in the Family Court Act; “ill-treatment of a child” includes but is not limited to any act, word, deed or omission which debases, degrades or otherwise demeans the intrinsic worth, dignity or self-esteem of a child as a human being, Families and Children 7 provided, however, that any reasonable disciplinary measures administered or undertaken by a parent or legal guardian to a child under the parent or legal guardian’s care and control shall not constitute ill-treatment if such measures are administered or undertaken reasonably and in moderation, and do not cause physical, psychological or emotional harm or injury to the child, regard being taken for this purpose to the age and maturity of the child; “Minister” means the Minister for the time being responsible for Social Services and “Ministry” shall be construed accordingly; “neglect” means the wilful failure by a person with the custody and/or control of a child, to provide adequate and nutritional food, clothing, shelter, protection and safety, basic education, or medical care, for reasons other than poverty, or mental or physical illness or disability on the part of such person, and when such failure endangers the physical, mental, emotional and social growth and development of the child; “physical injury” includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe injuries or serious bodily harm suffered by a child; “psychological injury” includes but is not limited to harm to a child’s psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outwardly aggressive behaviour, or any combination of the aforesaid characteristics, which may be demonstrated by a change in behaviour, or in emotional response or cognition; “sexual abuse or exploitation” includes but is not limited to the employment, hiring, use, persuasion, inducement, coercion or enticement of a child to engage in, or aid another person to engage in, sexual intercourse, fondling, oral sex, sodomy or any other activity of a sexual nature, or to engage in prostitution, indecent behaviour or incest with other children or with adults, or to perform in obscene or indecent exhibitions and/or shows, whether live or on video or on film, or by electronic media or to 8 Families and Children pose or act as a model in obscene publications or other pornographic materials, or to sell, or participate in the selling of, or to distribute or participate in the distribution of, such publications and/or materials; “Social Services Practitioner” means a person performing the functions specified for a Social Services Practitioner under the Act. (2) In these Regulations, unless the context otherwise requires, a reference to a Magistrate Court shall be read and construed, as the case may be, to be a reference to– (a) a Summary Jurisdiction Court exercising criminal jurisdiction in accordance with the Inferior Courts Act where such reference is in relation to criminal matters; and (b) a District Court exercising civil jurisdiction in accordance, with the Inferior Courts Act where such reference is in relation to civil matters and maintenance and other related orders which such court is authorised to determine by or under the Act.