91Offence to fail to protect child from harm

### 91 Offence to fail to protect child from harm > > (1)  A person who has a duty of care in respect of a child must not intentionally take, or fail to take, action that could reasonably be expected to result in – > > > > > > (a) the child suffering significant harm as a result of physical injury or sexual abuse; or > > > > > > > (b) the child suffering emotional or psychological harm of such a kind that the child's emotional or intellectual development is, or is likely to be, significantly damaged; or > > > > > > > (c) the child's physical development or health being significantly harmed. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2)  Proceedings for an offence under [subsection (1)](#GS91@Gs1@EN) may only be brought after consultation with the Secretary. > > > (3)  A person may be guilty of an offence under [subsection (1)](#GS91@Gs1@EN) even though the child was protected from harm by the action of another person.