The definition of 'physical abuse' in s 342 of the Children and Young People Act 2008 (ACT) likely does not extend to exposure to serious accidental but foreseeable injury reasonably preventable by a parent; such a formulation would be so broad as to capture ordinary childhood activities and would impermissibly extend 'abuse' into the territory of 'neglect'. A finding of risk of physical abuse must be supported by evidence that the risk was reasonably preventable, and exceptional one-off incidents without evidence of what the parent should have done differently are insufficient. A respondent to an appeal who fails to raise a cross-appeal ground until the conclusion of oral submissions, without explanation, may be refused permission to file a cross-appeal.
The full text is available to signed-in members, including the 1 later case that cites this judgment.