s.226Provisions supplementary to section 225
226
Section 226Part 7 — Offences Relating to Children

Provisions supplementary to section 225

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For the purposes of section 225 —
a parent or other person legally liable to maintain a child, shall be deemed to have neglected the child in a manner likely to cause injury to the child's health if —
that person has failed to provide adequate food, clothing or lodging for the child, and having been unable otherwise has failed to take steps to procure it to be provided; or to provide such food, clothing or lodging, that person has failed to take steps to procure it to be provided; or
being unable to do so, the person has failed to provide such medical treatment which is specified as necessary for the child by an appropriately qualified health practitioner duly registered in respect of that qualification under the Health Practice Act (2026 Revision);
where it is proved that the death of a child under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the child) while the child was in bed with a person who, at the time of going to bed was under the influence of drink or any drug, that person shall be deemed to have neglected the child in a manner likely to cause injury to the child's health;
if a person having responsibility for any child under the age of eight —
allows that child to be in any room or yard containing a gas, oil or petrol stove, or open fireplace or fire which is not sufficiently protected to guard against the risk of that child being burnt or scalded; and
has failed to take reasonable precautions against that risk, that person shall be deemed to have neglected the child in a manner likely to cause injury to the child's health; and
any person having responsibility for a child shall be deemed to have abandoned the child in a manner likely to cause the child unnecessary suffering or injury to health if that person has failed to provide, or failed to make arrangements for the provision of, reasonable supervision of the child.
Section 225, and any proceedings taken under it, shall not affect the liability of any person to be proceeded against for any other offence.
A person may be convicted of an offence under section 225 —
notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person; or
notwithstanding the death of the child in question.
Where any person who has the custody, charge or care of a child is tried for any offence other than an offence under section 225, that person may be convicted of an offence under that section whether or not that person is convicted of that other offence.
If it is proved that a person convicted under section 225 was directly or indirectly interested in any sum of money accruing or payable in the event of the death of the child, and had knowledge that the sum of money was accruing or becoming payable, then —
in the case of a conviction on indictment, the court may, in lieu of imposing any other penalty, sentence that person to imprisonment for twenty years; and
in the case of a summary conviction, the court may —
where it has not sentenced that person to imprisonment for the offence, and in addition to any fine it has imposed, order that person to perform community service for a maximum of two hundred and forty hours; or
in lieu of any other penalty, sentence that person to imprisonment for two years.
For the purposes of subsection (5) —
a person shall be deemed to be directly or indirectly interested in a sum of money if that person has any share in or benefit from the payment of that money, notwithstanding that that person may not be a person to whom it is legally payable; and
a copy of a policy of insurance, certified to be a true copy by an officer or agent of the insurance company granting the policy, shall be evidence —
that the child stated in that policy to be insured has in fact been so insured; and
that the person in whose favour the policy has been granted is the person to whom the money thereby insured is legally payable.
Nothing in section 225 shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a child to administer punishment to that child.

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