ACTIn ForceAct
Crimes Act 1900
39Neglect etc of children
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39 Neglect etc of children
(1) A person must not—
(a) ill-treat or abuse a child who is in the person’s care; or
(b) neglect a child for whom he or she is caring or has parental
responsibility.
(2) A person is not guilty of an offence referred to in subsection (1) (b)
by reason only of failing to provide a thing for a child if the person
did not provide the thing because he or she could not afford to do so.
(3) A person must not, knowingly or recklessly, leave a child unattended
in such circumstances and for such a time that the child could suffer
injury or sickness or otherwise be in danger.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
(4) A police officer, medical practitioner or director-general responsible
for the Children and Young People Act 2008 may act (including by
entering any building, place or vehicle, with such force that is
necessary and reasonable) if the police officer, medical practitioner
or director-general reasonably believes—
(a) that a child is being or has been ill-treated, abused or neglected
as mentioned in subsection (1) or left unattended as mentioned
in subsection (3); and
(b) that it is necessary to act immediately to safeguard the child.
(5) An action does not lie against a person by reason of the person having
acted under subsection (4) in good faith, without negligence and with
reasonable care in the circumstances.
parental responsibility, for a child, means all the duties, powers,
responsibilities and authority parents ordinarily have by law in
relation to their children.