Failure to Protect Child Flashcards
What section covers physical abuse?
S194 Assault on a child or by a male on a female
What is the ingredients for assaults child
everyone who assaults a child under the age of 14 years
What is section 195
Ill-treatment or neglect of child or vulnerable adult
What is section 195A
Failure to protect child or vulnerable adult
Whats the ingredients for S195(1)
(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
Who are the persons referred to in 195(2) and 195A(2)
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
In respect to S195 what is a child?
Any person under the age of 18 years
Ingredients for S195A
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.
what is required to be proved
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
What determines if they have frequent contact
fact for a jury to decide
What happens if the offender is under 18?
this charge cannot be used
Liability of extended family?
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.
Where does same household refer to?
Where the complainant was living at the time of the offence