Crimes Amendment Act (No 3) 2011

7  New sections 195 and 195A substituted
  • Section 195 is repealed and the following sections are substituted:

    195 Ill-treatment or neglect of child or vulnerable adult
    • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), intentionally engages in conduct that, or omits to discharge or perform any legal duty the omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim) if the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.

      (2) The persons are—

      • (a) a person who has actual care or charge of the victim; or

      • (b) a person who is a staff member of any hospital, institution, or residence where the victim resides.

      (3) For the purposes of this section and section 195A, a child is a person under the age of 18 years.

    195A Failure to protect child or vulnerable adult
    • (1) Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), has frequent contact with a child or vulnerable adult (the victim) and—

      • (a) knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—

        • (i) an unlawful act by another person; or

        • (ii) an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and

      • (b) fails to take reasonable steps to protect the victim from that risk.

      (2) The persons are—

      • (a) a member of the same household as the victim; or

      • (b) a person who is a staff member of any hospital, institution, or residence where the victim resides.

      (3) A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.

      (4) For the purposes of this section,—

      • (a) a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household that it is reasonable, in the circumstances, to regard him or her as a member of the household:

      • (b) where the victim lives in different households at different times, the same household refers to the household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.

      (5) In determining whether a person is so closely connected with a particular household as to be regarded as a member of that household, regard must be had to the frequency and duration of visits to the household and whether the person has a familial relationship with the victim and any other matters that may be relevant in the circumstances.