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CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 4 Meaning of "at risk"

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 4

Meaning of "at risk"

(1)  For the purposes of this Act, a child is at risk if –
(a) the child has been, is being, or is likely to be, abused or neglected; or
(b) any person with whom the child resides or who has frequent contact with the child (whether the person is or is not a guardian of the child) –
(i) has threatened to kill or abuse or neglect the child and there is a reasonable likelihood of the threat being carried out; or
(ii) has killed or abused or neglected some other child or an adult and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person; or
(ba) the child is an affected child within the meaning of the Family Violence Act 2004 ; or
(c) the guardians of the child are –
(i) unable to maintain the child; or
(ii) unable to exercise adequate supervision and control over the child; or
(iii) unwilling to maintain the child; or
(iv) unwilling to exercise adequate supervision and control over the child; or
(v) dead, have abandoned the child or cannot be found after reasonable inquiry; or
(vi) are unwilling or unable to prevent the child from suffering abuse or neglect; or
(d) the child is under 16 years of age and does not, without lawful excuse, attend a school, or other educational or training institution, regularly.
(2)  For the purposes of subsection (1) , it does not matter whether the conduct that puts a child at risk occurred or, as the case requires, is likely to occur wholly or partly outside Tasmania.