Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 273B - Protection of children  

Subdivision B - Offences relating to the protection of children  

SECTION 273B.4   Failing to protect child at risk of child sexual abuse offence  
Failing to protect child at risk of child sexual abuse offence

(1)    
A person (the defendant ) commits an offence if:

(a) the defendant is a Commonwealth officer; and

(b) there is another person aged under 18 (the child ) under the defendant ' s care, supervision or authority, in the defendant ' s capacity as a Commonwealth officer; and

(c) the defendant knows there is a substantial risk that a person (the potential offender ) will engage in conduct in relation to the child; and

(d) such conduct, if engaged in, would constitute a child sexual abuse offence; and

(e) the defendant, because of the defendant ' s position as a Commonwealth officer, has the actual or effective responsibility to reduce or remove the risk mentioned in paragraph (c); and

(f) the defendant negligently fails to reduce or remove that risk.

Penalty: Imprisonment for 5 years.

Absolute liability

(2)    
Absolute liability applies to paragraph (1)(d).

Note:

For absolute liability, see section 6.2 .

Certain matters not required to be proved

(3)    
Subsection (1) applies:

(a) whether or not the child can be identified as a specific person; and

(b) whether or not the potential offender can be identified as a specific person; and

(c) whether or not a child sexual abuse offence is or was actually committed in relation to the child.