49OFailure by a person in authority to protect a child from a sexual offence

49O Failure by a person in authority to protect a child from a sexual offence

(a) A occupies a position within, or in relation to, a relevant organisation; and

(b) there is a substantial risk that a relevant child will become the victim of a sexual offence committed by another person who is—

(i) 18 years of age or more; and

(ii) a person associated with the relevant organisation; and

(c) A knows that the risk exists; and

(d) A, by reason of A's position, has the power or responsibility to reduce or remove that risk; and

(e) A negligently fails to reduce or remove that risk.

(3) For the purposes of subsection (1), a person negligently fails to reduce or remove a risk if that failure involves a great falling short of the standard of care that a reasonable person would exercise in the circumstances.

(4) For the avoidance of doubt, in a prosecution for an offence against subsection (1), it is not necessary to prove that a sexual offence has been committed.

(5) It is immaterial that some or all of the circumstances constituting an offence against subsection (1) occurred outside Victoria, so long as the relevant child was in Victoria at any time while the substantial risk referred to in subsection (1)(b) existed.

(6) It is immaterial that both A and the relevant child were outside Victoria at the time at which some or all of the circumstances constituting an offence against subsection (1) occurred, so long as the sexual offence was at risk of occurring in Victoria.

person associated, in relation to a relevant organisation, includes but is not limited to a person who is an officer, employee, manager, owner, volunteer, contractor or agent of the organisation but does not include a person only because the person receives services from the organisation;

relevant child means a child (whether identifiable or not) under the age of 16 years who is, or may come, under the care, supervision or authority of a relevant organisation;

relevant organisation means—

(a) an organisation that exercises care, supervision or authority over children, whether as its primary function or otherwise, and includes but is not limited to—

(i) a church; and

(ii) a religious body; and

(iii) a school; and

(iv) an education and care service within the meaning of the Education and Care Services National Law (Victoria); and

(v) a children's service within the meaning of the Children's Services Act 1996; and