Legal Process - Child Abuse - Law Assignment Help

Assignment Task:

Consider the following hypothetical scenario:
In October 2019 The Darwin News newspaper wrote an investigative report into the effects of parental abuse on the learning of primary school age children. The article caused an uproar and in response to this the Northern Territory government decided to introduce a range of measures to address the issues raised. One of those measures was to propose the Protection of Children in Education Bill. The bill was introduced into Parliament by the Minister for Education, who stated in her second reading speech:
“Child abuse is the scourge of our society, and has no place in or around our schools. This government is committed to protecting schoolchildren from all kinds of abuse, whether perpetrated by parents or other family members, or by those whose job it is to look after children. In particular, we want to tackle abuse occurring in or near in our education facilities. We need our schools to be safe havens, where children can learn and interact free from fear of abuse. 
Another major issue in our society is that of neglect. Too many schoolchildren are not showing up for school because their parents are neglecting them at home. This bill will tackle both of these issues head on.”
The bill passed without amendments and Assent was gazetted on 10 February 2020. The act as passed reads as follows:
The Protection of Children in Education Act 2020
1. Long Title
An act to prohibit child abuse in all its forms.
2. Definitions
In this Act:
‘parent’ includes guardian, carer or any person responsible for the well-being of a child
‘mistreat’ means to hit, smack or otherwise harm a child, or to use abusive language towards a child
‘neglect’ means to fail to provide adequate care or due attention to a child
‘school’ means primary or secondary school, university, learning centre, or other place where learning occurs.
Offences
3. A parent shall not mistreat a child in the vicinity of any school Penalty: $5000 Fine or 1 year imprisonment
4. A parent shall not neglect any child in their carePenalty $5000 fine or 1 year imprisonment

Facts
Jill is the grandmother of Callan, a 4 year old child. Callan’s mother, Raylene, works part-time so Jill, who also lives with the family, takes Callan to and from his family day care three days per week. On 25th February 2020, as Jill was taking Callan into day care, he started to throw a tantrum as she went to leave. Jill lost her temper with Callan and told him to ‘shut up or you’ll get a smack’. Callan started screaming louder, so Jill walked up to him with her fist raised and shouted ‘shut up you little monster!’ Callan ran away from her into the arms of the carer and Jill left the centre.
Jill picked up Callan a few hours later and dropped him home. Later that day Callan’s mother, Raylene, received a visit from an official from the Department of Family and Community Services. The official asked where Callan was, and Raylene said he was out in the back yard playing with the dog and his little brother, Jack, who is two. The official asked how long they had been out there and Raylene said about ½ hour. The official went out to the backyard and found Jack sunburnt and crying with a dirty nappy whilst Callan was playing with the dog.
Raylene has been charged with 2 offences under s 4 of the Act, one for Jack and one for Callan. Jill has been charged with one offence under s3 of the act. Please discuss, using statutory interpretation law only, whether either of them has committed these offences.
Write your answer using the ‘IRAC’ method. Discuss statutory interpretation law only, do not discuss issues of criminal liability (eg men's rea, defences to criminal liability, etc), constitutional law or any other area of law.
Do not makeup facts in addition to those provided here.
Word Limit: 1000 words (bibliography and footnotes not included).

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