Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_9
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 49981–51259

9  Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm
 (1) For subsection 85CA(4) of the Family Assistance Act, a child is taken to be at risk of serious abuse or neglect if the child is at risk of suffering harm as a result of being subject to, or exposed to, one or more of the following events:
 (a) serious physical, emotional or psychological abuse;
 (b) sexual abuse;
 (c) domestic or family violence;
 (d) neglect.
 (2) For subsection (1), a child is at risk if:
 (a) the child is currently experiencing one or more of the events set out in subsection (1); or
 (b) the risk of the child experiencing one or more of the events in the future is real and apparent.
 (3) A child may be taken to be at risk of suffering harm in relation to an event mentioned in subsection (1) even if the event occurred before:
 (a) a certificate in relation to the child was given under section 85CB of the Family Assistance Act; or
 (b) an application in relation to the child was made under subsection 85CE(1) of that Act.
 (4) In this section:
harm means any detriment to the child's wellbeing.
neglect means a failure to be provided with the basic needs that are essential for the child's physical and emotional wellbeing.