Failure to Protect Children from Sexual Abuse Offence
A new criminal offence for failing to protect a child under the age of 16 from the risk of sexual abuse commenced on 1 July 2015.
The offence requires a person in a position of authority to reduce or remove the risk of sexual abuse of a child by an adult associated with their organisation.
A person in a position of authority in the organisation will commit the offence if they know of the risk of abuse and have the power or responsibility to reduce or remove the risk, but negligently failed to do so.
Who does the offence apply to?
The offence applies to a person in authority in any organisation that exercises care supervision or authority over children.
A person in authority is someone who, by reason of their position within an organisation, has the power or responsibility to reduce or remove a substantial risk of child sexual abuse.
Examples of people in authority at Council may include but is not limited to the Chief Executive Officer, managers and supervisors in charge of programs or services that involve contact with children, the Child Safety Compliance Officer, and all employees who have direct responsibilities related to children, such as those in children's services, libraries, or community programs aimed at children. It may also apply to people with less formal involvement in the Council. For example, a volunteer responsible for the supervision of a children’s or youth activity may be a person in authority, even if their role is informal or limited.
A ‘person associated with’ the Council does not include a person solely because they receive services from the Council.