Causing injury to a child is a serious crime in Australia, with maximum penalties of up to 5 years imprisonment. A person who has parental responsibility can commit this offence if they intentionally or recklessly cause physical or psychological harm to a child under the age of 16 (section 43A) or 18 (section 43B).
This article will tackle the rules under sections 42 to 43B of Crimes Act 1900.
Causing Injury to a Child: Injuries to Child at Time of Birth (Section 42)
Section 42 of the Crimes Act punishes a convicted offender of imprisonment for 14 years for intentionally or recklessly inflicting grievous bodily harm on such child, during or after his or her delivery, whether wholly born or not.
Abandoning or Exposing a Child Under 7 Years (Section 43)
Under the same Act, abandonment of a child is also punishable. Section 43 provides that a person who:
- without reasonable excuse
- intentionally abandons or exposes a child under 7 years of age
is guilty of an offence if it causes a danger of death or of serious injury to the child. The maximum penalty for this offence is imprisonment for 5 years.
Failure of Persons With Parental Responsibility to Care for Child (Section 43A)
Before we proceed to the rule provided under this section, here are some important definition of terms under s43A that you must know:
- A child – means a child who is under 16 years of age.
- Parental responsibility – means the the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.
Here, the law provides that a person is guilty of an offence if the failure to provide the child with the necessities of life causes a danger of death, or of serious injury to the child, and such person:
- Has parental responsibility for a child,
- Has no reasonable excuse for the failure, and
- Intentionally or recklessly fails to do such duty.
The maximum penalty for this offence is imprisonment for 5 years.
Failure to Reduce or Remove Risk of Child Becoming Victim of Child Abuse (Section 43B)
Section 43B provides that even though you, as a parent or a guardian who has parental responsibility for a child, merely failing to reduce or remove the risk of a child in becoming a victim for child abuse is also punishable.
You must understand the following terms in order to understand the rule under s43B:
- “adult” means a person who is of or above the age of 18 years.
- “child” means a person who is under the age of 18 years.
- “child abuse offence” means:
- murder or manslaughter of a child (including under section 22A), or
- an offence under section 27, 29, 33, 35, 37, 38, 38A, 39, 41, 41A, 44, 45, 45A, 46, 59, 60E, 86 or 91J or Division 10, 10A, 10B or 15 of Part 3 where the alleged victim is a child, or
- an offence under section 42, 43, 43A, 91G or 91H, or
- an offence of attempting to commit an offence referred to in paragraphs (a)-(c).
- “child-related work” as enumerated by the Child Protection (Working with Children) Act 2012 No 51 are the following:
- child development
- child protection
- children’s health services
- clubs or other bodies providing services for children
- disability services
- early education and child care
- education
- entertainment for children
- justice services
- religious services
- residential services
- transport services for children
- any other service for children prescribed by the regulations.
When Does a Person Commit an Offence Under Section 43B?
A person commits an offence if:
- the person is an adult who carries out work for an organisation, whether as an employee, contractor, volunteer or otherwise (a “position holder” ), and
- the organisation is the employer of an adult worker who engages in child-related work, and
- there is a serious risk that the adult worker will commit a child abuse offence against a child who is, or may come, under the care, supervision or authority of the organisation, and
- the position holder knows that the risk exists, and
- the position holder, by reason of the person’s position, has the power or responsibility to reduce or remove that risk, and
- the position holder negligently fails to reduce or remove that risk.
The maximum penalty for this offence is mprisonment for 2 years. Moreover, in proceedings for an offence under this section, it is not necessary to prove that a child abuse offence has been committed.
Child abuse can have a devastating impact on the victim’s physical and emotional health. It can also lead to long-term problems such as mental illness, substance abuse, and criminal behaviour.
Child Protection Legislation in Australia
The Australian government is committed to protecting children from abuse and neglect. Causing injury to a child is a serious offence. There are a number of laws and policies in place to prevent and respond to child abuse, and the government provides funding for a range of support services for victims and their families.
Here are some Australian legislation relating to child protection:
- Australian Capital Territory: Children and Young People Act 2008 (ACT)
- New South Wales: Children and Young Persons Act 1998 (NSW)
- Northern Territory: Care and Protection of Children Act 2007 (NT)
- Queensland: Child Protection Act 1999 (Qld)
- South Australia: Children and Young People (Safety) Act 2017 (SA)
- Tasmania: Children, Young Persons and Their Families Act 1997 (Tas.)
- Victoria: Children, Youth and Families Act 2005 (Vic.)
- Western Australia: Children and Community Services Act 2004 (WA)
These laws set out the principles and objectives of child protection, as well as the powers and responsibilities of child protection authorities. They also provide for the intervention of the state in cases where children are at risk of harm.
Despite some differences between jurisdictions, there are a number of common features of child protection legislation in Australia. These include:
- A focus on the best interests of the child
- A preference for keeping children within their families whenever possible
- A requirement for early intervention and support
- A recognition of the importance of Aboriginal and Torres Strait Islander culture and identity in child protection
- A commitment to working with families and communities to prevent child abuse and neglect
Ask Our Criminal Offence Lawyers About Offences Related to Causing Injury to a Child
If you have any questions about child abuse offences or any criminal offences in New South Wales, Australia, don’t hesitate to contact our criminal offence lawyers at JB Solicitors for more information and guidance.
Let’s discuss your case by submitting an enquiry.
