CRIMES AMENDMENT (PROTECTION OF CHILDREN) ACT 2014 (NO. 36 OF 2014) - SECT 3 New section 49C inserted

CRIMES AMENDMENT (PROTECTION OF CHILDREN) ACT 2014 (NO. 36 OF 2014) - SECT 3

See:

Act No.

6231.

Reprint No. 24

as at

1 July 2013

and amending

Act Nos

16/2004, 27/2011, 60/2013, 70/2013, 72/2013, 77/2013, 7/2014 and 8/2014.

LawToday:

www.

legislation.

vic.gov.au

s. 3

At the end of Subdivision (8C) of Division 1 of Part I of the Crimes Act 1958 insert —

        " 49C     Failure by person in authority to protect child from sexual offence

    (1)     In this section—

"person associated with an organisation" includes but is not limited to a person who is an officer, office holder, employee, manager, owner, volunteer, contractor or agent of the organisation but does not include a person solely because the person receives services from the organisation;

"relevant child" means a child (whether identifiable or not) under the age of 16 years who is, or may come, under the care, supervision or authority of a relevant organisation;

"relevant organisation" means—

        (a)     an organisation that exercises care, supervision or authority over children, whether as part of its primary functions or otherwise, and includes but is not limited to—

              (i)     a church; and

              (ii)     a religious body; and

              (iii)     a school; and

              (iv)     an education and care service within the meaning of the Education and Care Services National Law (Victoria) ; and

              (v)     a children's service within the meaning of the Children's Services Act 1996 ; and

              (vi)     an out of home care service within the meaning of the Children, Youth and Families Act 2005 ; and

              (vii)     a hospital; and

              (viii)     a government department; and

              (ix)     a government agency; and

              (x)     a municipal council; and

              (xi)     a public sector body; and

              (xii)     a sporting group; and

              (xiii)     a youth organisation; and

              (xiv)     a charity or benevolent organisation; or

        (b)     an organisation that, in accordance with an agreement or arrangement with an organisation referred to in paragraph (a), is required or permitted to engage in activities associated with the care, supervision or authority over children exercised by the organisation referred to in paragraph (a);

"sexual offence" means—

        (a)     an offence under Subdivision (8A), (8B), (8C), (8D), (8E) or (8EAA) of Division 1 of Part I or under any corresponding previous enactment; or

        (b)     an attempt to commit an offence referred to in paragraph (a); or

        (c)     an assault with intent to commit an offence referred to in paragraph (a).

    (2)     A person who—

        (a)     by reason of the position he or she occupies within a relevant organisation, has the power or responsibility to reduce or remove a substantial risk that a relevant child will become the victim of a sexual offence committed by a person of or over the age of 18 years who is associated with the relevant organisation; and

        (b)     knows that there is a substantial risk that that person will commit a sexual offence against a relevant child—

must not negligently fail to reduce or remove that risk.

Penalty:     Level 6 imprisonment (5 years maximum).

    (3)     For the purposes of subsection (2), a person negligently fails to reduce or remove a risk if that failure involves a great falling short of the standard of care that a reasonable person would exercise in the circumstances.

    (4)     For the avoidance of doubt, in a prosecution for an offence against subsection (2), it is not necessary to prove that a sexual offence has been committed.

    (5)     It is immaterial that some or all of the circumstances constituting an offence against subsection (2) occurred outside Victoria, so long as the relevant child was in Victoria at the time at which the substantial risk referred to in subsection (2)(b) occurred.

    (6)     It is immaterial that both the accused and the child were outside Victoria at the time at which some or all of the circumstances constituting an offence against subsection (2) occurred, so long as the sexual offence was at risk of occurring in Victoria.".