Crimes Amendment Act (No 3) 2011

1: Title
This Act is the Crimes Amendment Act (No 3) 2011.
2: Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Crimes Act 1961 2012-03-19 Crimes Act 1961
1: Amendments to principal Act
4: Interpretation
1: Section 2(1) unlawful act vulnerable adult sections 151, 195, and 195A .
2: The definition of claim of right section 2(1) that the act is lawful at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed
5: Meeting young person under 16 following sexual grooming, etc
1: The heading to section 131B under 16
2: Section 131B
1A: A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person
6: New sections 150A to 152 substituted
Sections 150A to 152
150A: Standard of care applicable to persons under legal duties or performing unlawful acts
1: This section applies in respect of—
a: the legal duties specified in any of sections 151, 152
b: an unlawful act referred to in section 160 where the unlawful act relied on requires proof of negligence or is a strict or absolute liability offence.
2: For the purposes of this Part, a person is criminally responsible for omitting to discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act.
151: Duty to provide necessaries and protect from injury
Every one who has actual care or charge of a person who is a vulnerable adult and who is unable to provide himself or herself with necessaries is under a legal duty—
a: to provide that person with necessaries; and
b: to take reasonable steps to protect that person from injury.
152: Duty of parent or guardian to provide necessaries and protect from injury
Every one who is a parent, or is a person in place of a parent, who has actual care or charge of a child under the age of 18 years is under a legal duty—
a: to provide that child with necessaries; and
b: to take reasonable steps to protect that child from injury.
7: New sections 195 and 195A substituted
Section 195
195: Ill-treatment or neglect of child or vulnerable adult
1: Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2) victim
2: The persons are—
a: a person who has actual care or charge of the victim; or
b: a person who is a staff member of any hospital, institution, or residence where the victim resides.
3: For the purposes of this section and section 195A child
195A: Failure to protect child or vulnerable adult
1: Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2) victim
a: knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
i: an unlawful act by another person; or
ii: an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
b: fails to take reasonable steps to protect the victim from that risk.
2: The persons are—
a: a member of the same household as the victim; or
b: a person who is a staff member of any hospital, institution, or residence where the victim resides.
3: A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.
4: For the purposes of this section,—
a: a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household that it is reasonable, in the circumstances, to regard him or her as a member of the household:
b: where the victim lives in different households at different times, the same household
5: In determining whether a person is so closely connected with a particular household as to be regarded as a member of that household, regard must be had to the frequency and duration of visits to the household and whether the person has a familial relationship with the victim and any other matters that may be relevant in the circumstances.
8: Possession of offensive weapons or disabling substances
Section 202A(4) 2 years 3 years
2: Amendments to other enactments and transitional provision
9: Amendment to Bail Act 2000
1: This section amends the Bail Act 2000
2: Section 7(3)(b) and (c)
b: section 151
c: section 152 . 2012-03-19 Bail Act 2000
10: Amendment to Summary Offences Act 1981
1: This section amends the Summary Offences Act 1981
2: Section 10A 2012-03-19 Summary Offences Act 1981
11: Amendment to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: Part 1
153: Duty of employers to provide necessaries .
3: Part 1
195: Ill-treatment or neglect of child or vulnerable adult
195A: Failure to protect child or vulnerable adult . 2012-03-19 Summary Proceedings Act 1957
12: Transitional provision
1: The amendments and repeals made by this Act do not apply to any offence committed or alleged to have been committed (in whole or in part) before the commencement of this Act and the principal Act
2: Section 414