Child Protection

Question 1

Assault on a Child

Elements

Answer 1

S194 CA61

(a) Assaults any child under the age of 14 years;

Question 2

Ill treatment or neglect of child or vulnerable adult

Elements

Answer 2

S195 CA61

intentionally engages in conduct that, or omits to discharge or perform any legal duty

cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim)

is a major departure from the standard of care to be expected of a reasonable person.

Of note

(2) The persons are—
(a) a person who has actual care or charge of the victim; or
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides.

a child is a person under the age of 18 years.

Question 3

Failure to protect child or vulnerable adult

Elements

Answer 3

S195A CA61

has frequent contact with a child or vulnerable adult (the victim) and—

(a) knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
(i) an unlawful act by another person; or
(ii) an omission by another person to discharge or perform a legal duty

if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
(b) fails to take reasonable steps to protect the victim from that risk.

Of note

(2) The persons are—
(a) a member of the same household as the victim; or
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides.

(3) not be charged if he or she was under the age of 18 at the time of the act or omission.

(4) For the purposes of this section,—
(a) a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household
(b) where the victim lives in different households at different times, the same household refers to the household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.

regard must be had to the frequency and duration of visits to the household and whether the person has a familial relationship with the victim and any other matters that may be relevant in the circumstances