Crimes Amendment (Child Neglect) Act 2004 (NSW)

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.

1Name of Act

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

2Commencement

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

3Amendment of Crimes Act 1900 No 40

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

4Consequential amendment of Criminal Procedure Act 1986 No 209

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

Schedule 1Amendment of Crimes Act 1900

(Section 3)

[1]Section 43

Omit the section. Insert instead:

43Abandoning 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:

43AFailure 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 2Consequential amendment of Criminal Procedure Act 1986

(Section 4)

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