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Child Care Subsidy Minister's Rules 2017
9Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm
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#### 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.