Failure to Protect Child Flashcards

1
Q

What section covers physical abuse?

A

S194 Assault on a child or by a male on a female

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2
Q

What is the ingredients for assaults child

A

everyone who assaults a child under the age of 14 years

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3
Q

What is section 195

A

Ill-treatment or neglect of child or vulnerable adult

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4
Q

What is section 195A

A

Failure to protect child or vulnerable adult

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5
Q

Whats the ingredients for S195(1)

A

(summarised)

Everyone who is a person described in subsection (2) who engages in conduct or omits to perform any legal duty that is a major departure from the standard of care expected from a reasonable person and would likely cause a child or vulnerable adult injury, adverse effects on health or any mental disorder or disability

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6
Q

Who are the persons referred to in 195(2) and 195A(2)

A

A person who

  • has actual care or charge of the victim
  • is a staff member of any hospital, institution or residence where the victim resides
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7
Q

In respect to S195 what is a child?

A

Any person under the age of 18 years

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8
Q

Ingredients for S195A

A

Everyone who is a person described in subsection 2 and has frequent contact with a child or vulnerable adult and knows the person is at risk of death, GBH or sexual assault as a result of an unlawful act or an omission by a person to complete a legal duty that is a major departure from the standard of care expected from a reasonable person and fails to take reasonable steps to protect the victim at risk.

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9
Q

what is required to be proved

A

child at risk was

  • under the age of 18 years
  • defendant was over the age of 18 years
  • defendant was from same household or staff at hospital/institution/residence and has frequent contact with the child
  • defendant had knowledge of the risk of harm to the child
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10
Q

What determines if they have frequent contact

A

fact for a jury to decide

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11
Q

What happens if the offender is under 18?

A

this charge cannot be used

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12
Q

Liability of extended family?

A

A person may be regarded as a member of a household even if they reside at another address but have a close connection with the household.

In determining this regard must be had to the frequency and duration of visits, whether the person has a familial connection and any other relevant circumstances.

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13
Q

Where does same household refer to?

A

Where the complainant was living at the time of the offence

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