Section 43B of the Crimes Act 1900 is Failure to Reduce or Remove Risk of Child Becoming Victim of Child Abuse and is extracted below.
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Section 43B deals with the offence of “Failure to Reduce or Remove Risk of Child Becoming Victim of Child Abuse” and reads as follows:
43B Failure to Reduce or Remove Risk of Child Becoming Victim of Child Abuse
(1) A person commits an offence if:
(a) the person is an adult who carries out work for an organisation, whether as an employee, contractor, volunteer or otherwise (a “position holder” ), and
(b) the organisation is the employer of an adult worker who engages in child-related work, and
(c) 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
(d) the position holder knows that the risk exists, and
(e) the position holder, by reason of the person’s position, has the power or responsibility to reduce or remove that risk, and
(f) the position holder negligently fails to reduce or remove that risk.
Maximum penalty: Imprisonment for 2 years.
(2) In proceedings for an offence under this section, it is not necessary to prove that a child abuse offence has been committed.
(3) In this section:
“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:
(a) murder or manslaughter of a child (including under section 22A), or
(b) 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
(c) an offence under section 42, 43, 43A, 91G or 91H, or
(d) an offence of attempting to commit an offence referred to in paragraphs (a)-(c).
“child-related work” (and
“engage” in child-related work),
“worker” have the same meanings as in the Child Protection (Working with Children) Act 2012 .
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Sometimes, child neglect allegations may be made by former spouses or family members in an attempt to gain custody of the child in question.
In these cases, we can work hard to examine all the evidence to prove that you did not commit the offence and push to have the charges dropped on this basis.
Alternatively, we can also help you identify any defences or ‘reasonable excuses’ for your conduct. When raised successfully, these will result in a verdict of ‘not guilty.’
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