4Meaning of "at risk"

4 Meaning of "at risk"

[Section 4 Substituted by No. 78 of 1999, s. 4, Applied:01 Jul 2000]

(1)  For the purposes of this Act, a child is at risk if –

(a) the child has been, is being, or is likely to be, abused or neglected; or

(b) any person with whom the child resides or who has frequent contact with the child (whether the person is or is not a guardian of the child) –

(i) has threatened to kill or abuse or neglect the child and there is a reasonable likelihood of the threat being carried out; or

(ii) has killed or abused or neglected some other child or an adult and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person; or

(ba) [Section 4 Subsection (1) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] the child is an affected child within the meaning of the Family Violence Act 2004 ; or

(c) the guardians of the child are –

(i) unable to maintain the child; or

(ii) unable to exercise adequate supervision and control over the child; or

(iii) unwilling to maintain the child; or

(iv) unwilling to exercise adequate supervision and control over the child; or

(v) dead, have abandoned the child or cannot be found after reasonable inquiry; or

(vi) are unwilling or unable to prevent the child from suffering abuse or neglect; or

(d) [Section 4 Subsection (1) amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009] the child is under 16 years of age and does not, without lawful excuse, attend a school, or other educational or training institution, regularly.

(2)  For the purposes of subsection (1) , it does not matter whether the conduct that puts a child at risk occurred or, as the case requires, is likely to occur wholly or partly outside Tasmania.