Children and Young Persons (Care and Protection) Act 1998 No 157

Currency

As amended to Statute Law (Miscellaneous Provisions) Act 2019 (No 1). Sch 1.1 commenced 1 July 2019. Current to 1 July 2019.

Jurisdiction

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.

Penalty

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:

(a) 

the corporation contravened the provision without the knowledge actual, imputed or constructive of the person, or

(b) 

the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or

(c) 

the person, being in such a position, used all due diligence to prevent the contravention by the corporation.

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.

SECTION DESCRIPTION PENALTY (MAX) TABLE
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
200 pu
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
200 pu
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
200 pu    
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
5 pu    
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