36CNeglect of vulnerable person

36C Neglect of vulnerable person (a) the person is responsible for providing care to a vulnerable (b) the person recklessly or negligently fails to provide the vulnerable person with the necessities of life that are a necessary part of the care the person is responsible for providing to the vulnerable person; and (c) the person’s failure causes serious harm to the vulnerable (2) Without limiting subsection (1) (a), a defendant is responsible for providing care to a vulnerable person— (a) if the defendant exercises control over any aspect of the care needed by the vulnerable person; and (b) regardless of whether the care of the vulnerable person is short-term or long-term care.

if the defendant proves that— (a) the defendant’s conduct was reasonable in all the circumstances; or (b) for a defendant who is associated with a relevant institution providing care to the vulnerable person— (i) the defendant’s conduct complied with— (A) the relevant institution’s procedures and practices for the care, supervision or control of the vulnerable (B) the direction of a person in authority in the relevant institution; or (ii) the failure to provide the necessities of life happened as a result of circumstances beyond the defendant’s control. (4) For subsection (3) (b), a defendant is associated with a relevant institution if the defendant— necessities of life includes adequate food, clothing, shelter, hygiene and health care. relevant institution—see section 36A (5).

serious harm—see section 36A (5). vulnerable person—see section 36A (5).