Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 36C

    (1)     A person commits an offence if—

        (a)     the person is responsible for providing care to a vulnerable person; and

        (b)     the person recklessly or negligently fails to provide the vulnerable person with the necessities of life that are a necessary part of the care the person is responsible for providing to the vulnerable person; and

        (c)     the person's failure causes serious harm to the vulnerable person.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

Note     A law that creates an offence applies to a corporation as well as to an individual (see Legislation Act

, s 161).

    (2)     Without limiting subsection (1) (a), a defendant is responsible for providing care to a vulnerable person—

        (a)     if the defendant exercises control over any aspect of the care needed by the vulnerable person; and

        (b)     regardless of whether the care of the vulnerable person is short-term or long-term care.

    (3)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

        (a)     the defendant's conduct was reasonable in all the circumstances; or

        (b)     for a defendant who is associated with a relevant institution providing care to the vulnerable person—

              (i)     the defendant's conduct complied with—

    (A)     the relevant institution's procedures and practices for the care, supervision or control of the vulnerable person; or

    (B)     the direction of a person in authority in the relevant institution; or

              (ii)     the failure to provide the necessities of life happened as a result of circumstances beyond the defendant's control.

Note     The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 59).

    (4)     For subsection (3) (b), a defendant is associated with a relevant institution if the defendant—

        (a)     owns, manages or controls the institution; or

        (b)     is employed or engaged by the institution; or

        (c)     works as a volunteer for the institution; or

        (d)     engages in an activity with or for the institution; or

        (e)     is in any other position of authority in relation to the institution.

    (5)     In this section:

"necessities of life" includes adequate food, clothing, shelter, hygiene and health care.

"relevant institution"—see section 36A (5).

"serious harm"—see section 36A (5).

"vulnerable person"—see section 36A (5).