Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 493

    (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 subsection (1) may only be brought by a person after consultation with the Secretary.

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