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Q: I look after children and have taken photographs of all those under my care. Is this an offence?
Q: If someone e-mails pictures of their naked baby to members of the family, are they breaking the law?
Q: I look after children as part of my job. Do I have any additional responsibilities?
Q: Is it an offence to allow a child to watch an adult film?
Q: I look after children and have taken photographs of all those under my care. Is this an offence?
A: The legislation does not cover photographs taken of children unless they fall within the definitions “child abusive material” or “child pornography”.
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Q: If someone e-mails pictures of their naked baby to members of the family, are they breaking the law?
A: The legislation covers acts that are harmful to children and not the normal course of behaviour in a family environment. E-mailing baby pictures will not result in an offence unless the intent is of a criminal or sexually abusive nature. In order to ensure that these types of cases do not end up in Court unnecessarily a caveat is included that the Director of Public Prosecutions has to consent before the prosecution of these crimes.
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Q: I look after children as part of my job. Do I have any additional responsibilities?
A: Persons who care for children should always have their best interests in mind. On this basis no additional responsibilities should arise. However, such individuals should now be aware that the Criminal Code Amendment Act 2007 creates offences for those persons who have custody, charge or care of a child if that child is used in the production of child abusive material or child pornography.
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Q: Is it an offence to allow a child to watch an adult film?
A: At a general level it is very unlikely that showing an adult film (containing strong sexual content or violence) to a child would be in the child’s best interests. Anyone considering this should note that it may now be an offence under the Criminal Code Amendment Act 2007. The Act states that any person who knowingly shows child abusive material, child pornography or offensive material to a child is guilty of an offence. An adult film may well fall within the definition of offensive material. Other material that may fall within these definitions could be violent computer games; magazines promoting drug misuse; pictures of executions etc. The purpose of this provision is to capture child predators who ‘groom’ children (by de-sensitizing them) in anticipation of committing an offence.
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