Failure of Persons with Parental Responsibility to Care for Child

Published by Geoff Harrison | 28 April 2025

Section 43A of the Crimes Act 1900 commenced on 22 October 2004 and was introduced by the Crimes Amendment (Child Neglect) Act 2004 (No. 41 of 2004). Section 43A is the offence for a person with parental responsibility of a child, without reasonable excuse, to intentionally or recklessly fail to provide the child with the necessities of life, if the failure causes a danger of death or of serious injury to the child. The maximum penalty is 5 years imprisonment.

Other Sources:

• Crimes Amendment (Child Neglect) Bill 2004: Second Reading Speech (Legislative Assembly)

• Crimes Amendment (Child Neglect) Bill 2004: Second Reading Speech (Legislative Council)

• Gidget Foundation Australia

• Mumspace

• Tresillian: Postnatal Depression

• PANDA

• NSW Government: Postpartum Depression

Cases:

• R v MA [2023] NSWDC 567

• R v Van Thi Kanh PHAM [2020] NSWSC 1951

• George (a pseudonym) v R [2021] NSWCCA 321

• BJ v R [2018] NSWCCA 231

• R v AB and CD [2020] NSWDC 671

  
  

Extracted Legislation:

CRIMES ACT 1900 - SECT 43A Failure of persons with parental responsibility to care for child

Failure of persons with parental responsibility to care for child

(1) In this section--

"child" means a child under 16 years of age.

"parental responsibility" means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.

(2) A person--

(a) who has parental responsibility for a child, and

(b) who, without reasonable excuse, intentionally or recklessly fails to provide the child with the necessities of life, is guilty of an offence if the failure causes a danger of death or of serious injury to the child.

Maximum penalty--Imprisonment for 5 years.

CRIMES ACT 1900 - SECT 43B Failure to reduce or remove risk of child becoming victim of child abuse

Failure to reduce or remove risk of child becoming victim of child abuse

(1) A person commits an offence if--

(a) the person is an adult who carries out work for an organisation, whether as an employee, contractor, volunteer or otherwise (a

"position holder" ), and

(b) the organisation is the employer of an adult worker who engages in child-related work, and

(c) there is a serious risk that the adult worker will commit a child abuse offence against a child who is, or may come, under the care, supervision or authority of the organisation, and

(d) the position holder knows that the risk exists, and

(e) the position holder, by reason of the person's position, has the power or responsibility to reduce or remove that risk, and

(f) the position holder negligently fails to reduce or remove that risk.

Maximum penalty--Imprisonment for 2 years.

(2) In proceedings for an offence under this section, it is not necessary to prove that a child abuse offence has been committed.

(3) In this section--

"adult" means a person who is of or above the age of 18 years.

"child" means a person who is under the age of 18 years.

"child abuse offence" means--

(a) murder or manslaughter of a child (including under section 22A), or

(b) an offence under section 27, 29, 33, 35, 37, 38, 38A, 39, 41, 41A, 44, 45, 45A, 46, 59, 60E, 86 or 91J or Division 10, 10A, 10B or 15 of Part 3 where the alleged victim is a child, or

(c) an offence under section 42, 43, 43A, 91G or 91H, or

(d) an offence of attempting to commit an offence referred to in paragraphs (a)-(c).

"child-related work" (and

"engage" in child-related work),

"employer" and

"worker" have the same meanings as in the Child Protection (Working with Children) Act 2012 .