78DLiability of parent—offence committed by child against parent liability provision#

(1) If a child under 16 years commits an offence against a parent liability provision, a parent of the child is taken to have also committed an offence against the provision and is liable to the same penalty.

(2) However, it is a defence for the parent to prove that—

(a) the parent did not know, and could not reasonably have been expected to know, of the child’s conduct constituting the offence against the parent liability provision; or (b) the parent took all reasonable steps to ensure the child did not engage in the conduct constituting the offence against the parent liability provision.

(3) In deciding whether things done or omitted to be done by the parent constitute reasonable steps for subsection (2)(b), a court must have regard to whether the parent was in a position to influence the child’s conduct in relation to the offence.

(4) The parent may be proceeded against for, and convicted of, an offence against the parent liability provision whether or not the child has been proceeded against for, or convicted of, the child’s offence against the parent liability provision.

(5) In a proceeding for an offence against a parent of a child under 16 years for an offence against a parent liability provision, in relation to proof of whether a person is the parent of the child, a belief of a police officer, on reasonable grounds, that a person is the parent of the child is, unless the contrary is proved, sufficient evidence of the fact that the person is the child’s parent.

(6) For subsection (5), a belief mentioned in that subsection may be formed by the police officer after reasonable enquiries are made of the child and parent when the police officer finds the child riding an electrically power-assisted cycle, personal mobility device or prohibited bike on a road, on a road-related area or in a public place or soon after that time.

(7) This section does not affect—

(a) the liability of a child for an offence against a parent liability provision; or (b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is a parent of a child, for the child’s offence against a parent liability provision.

(8) In this section—

approved carer: approved carer, of a child, means— (a) an approved foster carer under the Child Protection Act 1999, schedule 3 in whose care the child is placed under section 82 of that Act; or (b) an approved kinship carer of the child under the Child Protection Act 1999, schedule 3; or (c) a provisionally approved carer of the child under the Child Protection Act 1999, schedule 3.
chief executive (child safety): chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.
parent: parent, of a child— (a) means an adult who is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child; but (b) does not include— (i) a person standing in the place of a parent of the child on a temporary basis; or (ii) an approved carer of the child.
parent liability provision: parent liability provision means— (a) section 78B; or (b) section 84B.