§ 41 — Circumstances of emotional or psychological abuse

41.—(1) Without limiting section 40(e), the circumstances in which a child may be regarded as being subject to emotional or psychological abuse by the relevant person under that provision include any of the following:(a)

the relevant person subjects the child to persistent acts of rejection or degradation that are harmful to the child’s wellbeing or sense of self-worth;

(b)

the relevant person threatens to physically hurt, kill or abandon the child, or places the child or a related person of the child in any dangerous situation;

(c)

the relevant person isolates the child by consistently denying opportunities for the child to communicate with any person;

(d)

the relevant person confines the child in any small space for the purpose of disciplining the child;

(e)

the relevant person influences the child to develop self‑destructive, anti‑social, criminal, deviant or other maladaptive behaviour;

Illustrations

(a) The relevant person engages in, permits or encourages anti‑social behaviour such as prostitution, performance in pornographic media, initiation of criminal activities, substance abuse or committing violence to any person.

(b) The relevant person engages in, permits or encourages developmentally inappropriate behaviour by infantilising the child.

(c) The relevant person engages in, permits or encourages any other behaviour that would result in the exploitation or corruption of the child.

(f)

the relevant person exposes the child to, or places the child at any risk of exposure to, any violence against a related person of the child.

(2) In this section, “related person”, in relation to a child, means another person about whose safety or wellbeing the child would reasonably be expected to be seriously concerned.

—(1) Without limiting section 40(e), the circumstances in which a child may be regarded as being subject to emotional or psychological abuse by the relevant person under that provision include any of the following:(a)

the relevant person subjects the child to persistent acts of rejection or degradation that are harmful to the child’s wellbeing or sense of self-worth;

(b)

the relevant person threatens to physically hurt, kill or abandon the child, or places the child or a related person of the child in any dangerous situation;

(c)

the relevant person isolates the child by consistently denying opportunities for the child to communicate with any person;

(d)

the relevant person confines the child in any small space for the purpose of disciplining the child;

(e)

the relevant person influences the child to develop self‑destructive, anti‑social, criminal, deviant or other maladaptive behaviour;

Illustrations

(a) The relevant person engages in, permits or encourages anti‑social behaviour such as prostitution, performance in pornographic media, initiation of criminal activities, substance abuse or committing violence to any person.

(b) The relevant person engages in, permits or encourages developmentally inappropriate behaviour by infantilising the child.

(c) The relevant person engages in, permits or encourages any other behaviour that would result in the exploitation or corruption of the child.

(f)

the relevant person exposes the child to, or places the child at any risk of exposure to, any violence against a related person of the child.

(2) In this section, “related person”, in relation to a child, means another person about whose safety or wellbeing the child would reasonably be expected to be seriously concerned.