Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 101

101 .         Failing to protect child from harm

        (1)         A person who has the care or control of a child and who engages in conduct —

            (a)         knowing that the conduct may result in the child suffering harm as a result of any one or more of the following —

                  (i)         physical abuse; or

                  (ii)         sexual abuse; or

                  (iii)         emotional abuse as defined in section 28(1); or

        [(iv)         deleted]

                  (v)         neglect as defined in section 28(1);

                or

            (b)         reckless as to whether the conduct may have that result,

                is guilty of a crime, and is liable to imprisonment for 10 years.

        (1A)         It is a defence to a charge under subsection (1) involving conduct that may result in a child suffering harm as a result of emotional abuse comprised of exposure to family violence for the accused to prove that the accused was a victim of that family violence.

        (2)         In subsection (1) —

        engage in conduct means —

            (a)         to do an act; or

            (b)         to omit to do an act;

        harm has the meaning given to that term in section 28(1).

        [Section 101 amended: No. 23 of 2015 s. 44; No. 18 of 2021 s. 47.]