Have you been charged with Failure by a Person in Authority to Protect a Child from a Sexual Offence?

Section 49O of the Crimes Act 1958 makes it a crime for a person in authority in an organisation to negligently fail to reduce or remove a substantial risk they know about. The risk is that a child under 16 who is, or may come, under the organisation’s care, supervision or authority will become the victim of a sexual offence by an adult associated with the organisation. A failure is negligent if it involves a great falling short of the standard of care that a reasonable person would exercise in the circumstances. No sexual offence has to have happened.

You are covered if you hold a position in, or in relation to, an organisation that exercises care, supervision or authority over children, and that position gives you the power or responsibility to reduce or remove the risk. Section 49O of the Crimes Act 1958 names churches, schools and sporting groups among them. The Department of Justice and Community Safety gives principals and religious leaders as examples, and says a volunteer parent coaching a junior sports team may also qualify.

Section 49O of the Crimes Act 1958 sets a maximum of 5 years in prison, and a fine of up to 600 penalty units ($125,460) can be imposed as well as or instead of prison. The Magistrates’ Court can decide the charge if you consent and it considers that appropriate. Decided there, the limits are 2 years in prison and a fine of 500 penalty units ($104,550). Otherwise the case goes to the County Court or the Supreme Court.