Criminal Code Act 1899

An accountable person commits a crime if—

the person knows there is a significant risk that another adult (the alleged offender) will commit a child sexual offence in relation to a child; and

the alleged offender—

is associated with an institution; or

is a regulated volunteer; and

the child is under the care, supervision or control of an institution; and

the child is either—

under 16 years; or

a person with an impairment of the mind; and

the person has the power or responsibility to reduce or remove the risk; and

the person wilfully or negligently fails to reduce or remove the risk.

Maximum penalty—5 years imprisonment.

For subsection (1), it does not matter that the knowledge was gained by the accountable person during, or in connection with, a religious confession.

For this section, an adult is associated with an institution if the adult—

owns, or is involved in the management or control of, the institution; or

is employed or engaged by the institution; or

works as a volunteer for the institution; or

engages in an activity in relation to the institution for which a working with children authority under the Working with Children Check Act 2000 is required; or

engages in the delivery of a service to a child who is under the care, supervision or control of the institution.

In this section—accountable person means an adult who is associated with an institution, other than a regulated volunteer.institution means an entity, other than an individual, that—

provides services to children; or

operates a facility for, or engages in activities with, children under the entity’s care, supervision or control.

Examples of institutions—schools, government agencies, religious organisations, hospitals, child care centres, licensed residential facilities, sporting clubs, youth organisationsregulated volunteer means an adult who is taken to be a volunteer employed or engaged in regulated employment at a person’s home, residence or household under any of the following provisions of the Working with Children Check Act 2000, schedule 1—

section 4(2) or (3);

section 9(2);

section 14(2).

sch 1 pt 4 ch 22 s 229BB ins 2020 No. 32 s 25