Failure to Protect Child

Question 1

What section covers physical abuse?

Answer 1

S194 Assault on a child or by a male on a female

Question 2

What is the ingredients for assaults child

Answer 2

everyone who assaults a child under the age of 14 years

Question 3

What is section 195

Answer 3

Ill-treatment or neglect of child or vulnerable adult

Question 4

What is section 195A

Answer 4

Failure to protect child or vulnerable adult

Question 5

Whats the ingredients for S195(1)

Answer 5

(summarised)

Everyone who is a person described in subsection (2) who engages in conduct or omits to perform any legal duty that is a major departure from the standard of care expected from a reasonable person and would likely cause a child or vulnerable adult injury, adverse effects on health or any mental disorder or disability

Question 6

Who are the persons referred to in 195(2) and 195A(2)

Answer 6

A person who

• has actual care or charge of the victim
• is a staff member of any hospital, institution or residence where the victim resides

Question 7

In respect to S195 what is a child?

Answer 7

Any person under the age of 18 years

Question 8

Ingredients for S195A

Answer 8

Everyone who is a person described in subsection 2 and has frequent contact with a child or vulnerable adult and knows the person is at risk of death, GBH or sexual assault as a result of an unlawful act or an omission by a person to complete a legal duty that is a major departure from the standard of care expected from a reasonable person and fails to take reasonable steps to protect the victim at risk.

Question 9

what is required to be proved

Answer 9

child at risk was

• under the age of 18 years
• defendant was over the age of 18 years
• defendant was from same household or staff at hospital/institution/residence and has frequent contact with the child
• defendant had knowledge of the risk of harm to the child

Question 10

What determines if they have frequent contact

Answer 10

fact for a jury to decide

Question 11

What happens if the offender is under 18?

Answer 11

this charge cannot be used

Question 12

Liability of extended family?

Answer 12

A person may be regarded as a member of a household even if they reside at another address but have a close connection with the household.

In determining this regard must be had to the frequency and duration of visits, whether the person has a familial connection and any other relevant circumstances.

Question 13

Where does same household refer to?

Answer 13

Where the complainant was living at the time of the offence