The Laws of Fiji
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Last Updated: 21 March 2018
AN ACT TO REPEAL THE PENAL CODE AND MAKE COMPREHENSIVE PROVISION IN RELATION TO THE ELEMENTS OF CRIMINAL RESPONSIBILITY AND TO PRESCRIBE A RANGE OF CRIMINAL OFFENCES, AND FOR RELATED PURPOSES
[CR 241] Duties applying to certain persons241
241
- (a)is unable by reason of age, sickness, unsoundness of mind, detention or any other cause to withdraw from such charge; and
- (b)who is unable to provide himself or herself with the necessaries of life, whether the charge—
- (i)is undertaken under a contract; or
- (ii)is imposed by law; or
- (iii)arises by reason of any act (whether lawful or unlawful) of the person who has such charge, to provide for that other person the necessaries of life—
shall be deemed to have caused any consequences which adversely affects the life or health of the other person by reason of any omission to perform that duty.
(2) It is the duty of every person who, as head of a family, has charge of a child under the age of 14 years, being a member of his or her household, to provide the necessaries of life for the child; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the child by reason of any omission to perform that duty, whether the child is helpless or not.
(3) It is the duty of every person who as an employee has contracted to provide necessary food, clothing or lodging for any employee or apprentice under the age of 16 years to provide the same; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of the servant or apprentice by reason of any omission to perform that duty.
(4) It is the duty of every person who, except in a case of necessity, undertakes—
- (a)to administer surgical or medical treatment to any other person; or
- (b)to do any other lawful act which is or may be dangerous to human life or health—
to have reasonable skill and to use reasonable care in doing such act; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to observe or perform that duty.
(5) It is the duty of every person who has in his or her charge or under his or her control anything (whether living or inanimate, and whether moving or stationary) of such a nature that, in the absence of care or precaution in its use or management, the life, safety or health of any person may be endangered, to use reasonable care and take reasonable precaution to avoid such danger; and he or she shall be deemed to have caused any consequences which adversely affect the life or health of any person by reason of any omission to perform that duty.