Crimes Amendment Act (No 3) 2011

6  New sections 150A to 152 substituted
  • Sections 150A to 152 are repealed and the following sections substituted:

    150A Standard of care applicable to persons under legal duties or performing unlawful acts
    • (1) This section applies in respect of—

      • (a) the legal duties specified in any of sections 151, 152, 153, 155, 156, and 157; and

      • (b) an unlawful act referred to in section 160 where the unlawful act relied on requires proof of negligence or is a strict or absolute liability offence.

      (2) For the purposes of this Part, a person is criminally responsible for omitting to discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act.

    151 Duty to provide necessaries and protect from injury
    • Every one who has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty—

      • (a) to provide that person with necessaries; and

      • (b) to take reasonable steps to protect that person from injury.

    152 Duty of parent or guardian to provide necessaries and protect from injury
    • Every one who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—

      • (a) to provide that child with necessaries; and

      • (b) to take reasonable steps to protect that child from injury.