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) may only be brought after consultation with the Secretary.

(3)  A person may be guilty of an offence under subsection (1) even though the child was protected from harm by the action of another person.