36BFailure to protect vulnerable person from criminal offence

36B Failure to protect vulnerable person from criminal offence (a) the person is a person in authority in a relevant institution (the person in authority); and (b) there is a substantial risk that a serious offence will be committed against a vulnerable person under the institution’s care, supervision or control by— (i) a person associated with the institution; or (ii) by another person in authority in the institution; and (c) the person in authority is aware that the risk exists; and (d) the person in authority can, because of the position the person occupies in the institution, reduce or remove the risk; and

(e) the person in authority recklessly or negligently fails to reduce or remove the risk. (a) it does not matter that an act or omission constituting the criminal offence happens, or is at risk of happening, outside the ACT if— (i) the vulnerable person was in the ACT at any time the person in authority was aware that the risk mentioned in subsection (1) (b) existed; or (ii) the person mentioned in subsection (1) (b) (i) or (ii) was a person associated with, or in authority in, a relevant institution in the ACT at any time the person in authority was aware that the risk existed; and (b) it is not necessary to prove that a criminal offence has been committed. associated—a person is associated with a relevant institution if the person— relevant institution—see section 36A (5).

(a) an offence punishable by imprisonment for 5 years or longer; or (b) an offence in another jurisdiction that would be an offence under paragraph (a) if committed in the ACT. vulnerable person—see section 36A (5).