9Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm

9 Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm

(1) For subsection 85CA(4) of the Family Assistance Act, a child is taken to be at risk of serious abuse or neglect if the child is at risk of suffering harm as a result of being subject to, or exposed to, one or more of the following events: (a) serious physical, emotional or psychological abuse; (b) sexual abuse; (c) domestic or family violence; (d) neglect. (2) For subsection (1), a child is at risk if: (a) the child is currently experiencing one or more of the events set out in subsection (1); or (b) the risk of the child experiencing one or more of the events in the future is real and apparent. (3) A child may be taken to be at risk of suffering harm in relation to an event mentioned in subsection (1) even if the event occurred before: (a) a certificate in relation to the child was given under section 85CB of the Family Assistance Act; or (b) an application in relation to the child was made under subsection 85CE(1) of that Act. (4) In this section:

harm means any detriment to the child’s wellbeing.

neglect means a failure to be provided with the basic needs that are essential for the child’s physical and emotional wellbeing.