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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Children and Vulnerable
Adults) Amendment Bill 2018
A BILL FOR
An Act to amend the
Criminal
Law Consolidation Act 1935
.
Contents
Part 2—Amendment of Criminal Law
Consolidation Act 1935
4Substitution of heading to Part 3 Division
1A
6Amendment of section 14—Criminal
neglect
14AFailing to
provide food etc in certain circumstances
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Children and
Vulnerable Adults) Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
4—Substitution
of heading to Part 3 Division 1A
Heading to Part 3 Division 1A—delete the heading and
substitute:
Division 1A—Criminal neglect
etc
Before section 14 insert:
13B—Interpretation
(1) In this Division—
act includes—
(a) an omission; and
(b) a course of conduct;
child means a person under 16 years of age;
cognitive impairment includes—
(a) a developmental disability (including, for example, an intellectual
disability, Down syndrome, cerebral palsy or an autistic spectrum
disorder);
(b) an acquired disability as a result of illness or injury (including,
for example, dementia, a traumatic brain injury or a neurological
disorder);
(c) a mental illness;
vulnerable adult means a person aged 16 years or above who is
significantly impaired through physical disability, cognitive impairment,
illness or infirmity.
(2) Subject to
subsection (3)
, in this Division the following terms and phrases have the same meaning as
in Division 7A:
(a) cause;
(b) harm.
(3) For the
purposes of this Division, a reference to harm will be taken to
include detriment caused to the physical, mental or emotional wellbeing or
development of a child or vulnerable adult (whether temporary or
permanent).
(4) For the purposes of this Division, a defendant has a duty of
care to a victim if the defendant is a parent or guardian of the victim
or has assumed responsibility for the victim's care.
6—Amendment
of section 14—Criminal neglect
(1) Section 14—delete "serious harm" wherever occurring and
substitute in each case:
harm
(2) Section 14—delete "unlawful" wherever occurring
(3) Section 14(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) where the victim dies—imprisonment for life; or
(b) in any other case—imprisonment for 15 years.
(4) Section 14(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) If a defendant
is charged with an offence against this section in respect of a course of
conduct—
(a) it is not necessary to prove that the defendant was, or ought to have
been, aware that there was an appreciable risk that harm would be caused to the
victim by each act making up the course of conduct; and
(b) the information need not—
(i) allege particulars of each act with the degree of particularity that
would be required if the act were charged as an offence under a different
section of this or any other Act; or
(ii) identify particular acts or the occasions on which, places at which
or order in which acts occurred; or
(iii) identify particular acts as causing, wholly or partly, particular
harm to the victim.
(4) A defendant may be charged with an offence against this section in
respect of a course of conduct even if some of the acts making up the course of
conduct occurred before the commencement of this section.
After section 14 insert:
14A—Failing to provide food etc in certain
circumstances
If—
(a) a person is liable to provide necessary food, clothing or
accommodation to a child or vulnerable adult; and
(b) the person, without lawful excuse, fails to provide that food,
clothing or accommodation,
that person is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
Section 30—delete the section