§ 38 — Meaning of “ill‑treatment”

38. For the purposes of this Division, ill‑treatment of a child occurs when a person (whether the relevant person of the child or otherwise) —(a)

subjects the child to physical or sexual abuse;

(b)

wilfully or unreasonably does, or causes the child to do, any act which endangers or is likely to endanger the safety of the child or which causes or is likely to cause the child —(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional harm; or

(iii)

any injury to the child’s health or development; or

(c)

wilfully or unreasonably exposes the child with full intention of abandoning the child or in circumstances that are likely to endanger the safety of the child or cause the child —(i)

any unnecessary physical pain, suffering or injury;

(ii)

any emotional harm; or

(iii)

any injury to the child’s health or development,

whether or not any actual suffering or injury on the part of the child or the likelihood of any suffering or injury on the part of the child was prevented by another person.