Children and Young Persons (Care and Protection) Act 1998 No 157
As amended to Statute Law (Miscellaneous Provisions) Act 2019 (No 1). Sch 1.1 commenced 1 July 2019. Current to 1 July 2019.
Section 259(1): With the exception of the Table 1 offences, proceedings for an offence against the Act or regulations may be dealt with summarily before the Local Court (or before the Supreme Court in its summary jurisdiction).
Section 259(2): Offences under ss 105(2) (Publication of names and identifying information) and 175(1) (Special medical treatment) are Table 1 offences for the purposes of the CP Act: s 267, Sch 1.
Section 259(3): The maximum monetary penalty the Local Court may impose is 200 pu or the maximum monetary penalty provided by this Act for the offence, whichever amount is the smaller.
Table 1 offences: For the maximum penalties for summary disposal of Table 1 offences by the Local Court see above.
Offences by corporations — liability of directors/persons concerned in management
Section 258(1): In the case of offences by corporations (other than offences under ss 219J or 219ZB), directors and managers are liable unless:
the corporation contravened the provision without the knowledge actual, imputed or constructive of the person, or
the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or
the person, being in such a position, used all due diligence to prevent the contravention by the corporation.
Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.
|105||Publication of names and identifying information||Indiv: 200 pu
and/or 2 yrs
Corp: 2000 pu
|227||Intentionally take action resulting in or likely to result in physical injury or
sexual abuse of child or young person; or damage child or young person’s
intellectual or emotional development or physical development
and/or 2 yrs
|228||Neglect to provide child or young person with adequate and proper food,
nursing, clothing, medical aid or lodging without reasonable excuse
and/or 2 yrs
|229||Unauthorised removal of child or young person from person into whose care and attention child placed under Act; removal of child from a person when child so placed under protection order; permit child to be taken from hospital without Secretary’s consent||200 pu|
|230(2)||Tattoo child or young person without parent’s consent||200 pu|
|230A(2)||Body pierce any part of the genitalia or nipples of a child||200 pu|
|230A(4)||Body pierce any other part of the body of child without parental permission||30 pu|
|231||Leave child or young person unattended in motor vehicle if child emotionally
distressed or likely to become so, or if health likely to be or is permanently
or temporarily impaired
|241(2)||Not comply with person making entry and inspection under Act or warrant||200 pu|
|251||Wilfully hinder, obstruct, delay, assault, threatens with violence person exercising functions under Act||200 pu|
|252||Falsely represent self as employee of Department||200 pu|
|253||Make false or misleading statement in connection with Secretary’s
inquiry in relation to application under Act or regulations
|254(1)||Unauthorised disclosure of information obtained in connection with administration or execution of Act||10 pu
and/or 12 mths
|264(2)||Regulations may create offences||10 pu|