Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 261

Offence to fail to protect child from harm

261. Offence to fail to protect child from harm



(1) A person who has a duty of care in respect of a child-

   (a)  who intentionally takes action that has resulted, or appears likely to
        result, in-

   (i)  the child suffering significant harm as a result of-

                (A)  physical injury; or

                (B)  sexual abuse; or

   (ii) the child suffering emotional or psychological harm of such a kind
        that the child's emotional or intellectual development is, or is
        likely to be, significantly damaged; or

   (iii) the child's physical development or health being significantly
        harmed; or

   (b)  who intentionally fails to take action that has resulted, or appears
        likely to result, in the child's physical development or health being
        significantly harmed-

is guilty of an offence and liable to a penalty of not more than 50 penalty
units or to imprisonment for a term of not more than 12 months.

(2) Proceedings for an offence under sub-section (1) may only be brought by a
person after consultation with the Secretary.





(3) A person may be guilty of an offence under sub-section (1) even though the
child was protected by the action of another person from harm of the type
referred to in that sub-section.