TASIn ForceAct
Children, Young Persons and Their Families Act 1997
91Offence to fail to protect child from harm
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### 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 –
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> > > > (a) the child suffering significant harm as a result of physical injury or sexual abuse; or
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> > > > (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
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> > > > (c) the child's physical development or health being significantly harmed.
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> > Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.
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> > (2) Proceedings for an offence under [subsection (1)](#GS91@Gs1@EN) may only be brought after consultation with the Secretary.
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> > (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.