An Act to amend the Crimes Act 1900 with respect to child neglect offences; and to make a consequential amendment to the Criminal Procedure Act 1986.

1   Name of Act

This Act is the Crimes Amendment (Child Neglect) Act 2004.

2   Commencement

This Act commences on a day to be appointed by proclamation.

3   Amendment of Crimes Act 1900 No 40

The Crimes Act 1900 is amended as set out in Schedule 1.

4   Consequential amendment of Criminal Procedure Act 1986 No 209

The Criminal Procedure Act 1986 is amended as set out in Schedule 2.

Schedule 1 Amendment of Crimes Act 1900

(Section 3)

[1]   Section 43

Omit the section. Insert instead:

  

43   Abandoning or exposing a child under 7 years

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.

Maximum penalty: Imprisonment for 5 years.

[2]   Section 43A

Insert after section 43:

  

43A   Failure of persons with parental responsibility to care for child

(1)  In this section:

child means a child under 16 years of age.

parental responsibility means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.

(2)  A person:

(a)  who has parental responsibility for a child, and

(b)  who, without reasonable excuse, intentionally or recklessly fails to provide the child with the necessities of life,

      is guilty of an offence if the failure causes a danger of death or of serious injury to the child.

Maximum penalty: Imprisonment for 5 years.

[3]   Section 44 Not providing wife, child or servant with food etc

Omit “, child, ward” wherever occurring.

Schedule 2 Consequential amendment of Criminal Procedure Act 1986

(Section 4)

Schedule 1 Indictable offences triable summarily

Insert “, 43A” after “43” in item 2 of Table 1.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Crimes Amendment (Child Neglect) Act 2004 No 41. Second reading speech made: Legislative Council, 5.5.2004; Legislative Assembly, 23.6.2004. Assented to 6.7.2004. Date of commencement, 22.10.2004, sec 2 and GG No 166 of 22.10.2004, p 8111.