049 Other acts that harm or endanger persons

This subdivision is for any offence that causes harm or endangerment and is not elsewhere classified.

To drug or poison a person includes actions that intentionally harm, sedate, stupefy or reduce the physical or mental capabilities of a person by use of a drug or poison. The drug or poison may be ingested, injected, or administered in another way.

• Administer a drug, or poison a person, where intent is unknown
• Food or drink spiking
• Inject a person with a drug against their will
• Use deceit or coercion to induce a person to consume a drug or poison
• Other offences involving drugging or poisoning another person

• Cause illness through mishandling of food or food preparation – coded to 1231 Sanitation or disease offences
• Drug or poison leading to death – coded to the relevant groups in 01 Homicide
• Drug or poison with intent to rape – coded to 0311 Unlawful sexual penetration of an adult
• Intentionally contaminate drinking water – coded to 0499 Harm or endanger persons, nec
• Medical negligence involving harmful administration of drugs – coded to 0492 Neglect or ill-treatment of person under care
• Sale of drugs – coded to the relevant groups in 092 Distribute or deal drugs
• Unlawful self-administration of drugs – coded to 0942 Unlawful use of drugs

This group includes the ill-treatment or wilful neglect of a person under care, causing actual or potential harm that does not amount to assault. It may occur in domestic, residential, or institutional settings, and the carer may be a family member, in a paid or unpaid role. An intent to harm is not required for these offences.

• Child neglect including leaving a child unsupervised in a car, or locked in their own house unattended
• Fail to enrol a school-aged child in school
• Medical negligence or malpractice causing harm but not death
• Neglect or ill-treatment of elderly persons, disabled persons, or patients under care
• Unlawfully perform or prevent access to medical treatment or procedures
• Other neglect or ill-treatment of a person under care

• Ill-treatment of a person under slavery conditions – coded to 0410 Human trafficking or slavery
• Ill-treatment or neglect leading to death – coded to 0131 Manslaughter
• Intentionally harming or injuring a person – coded to the relevant groups in 02 Assault
• Medical negligence or malpractice leading to death – coded to the relevant groups in 01 Homicide
• Sexual assault of a person under care – coded to relevant groups in 03 Sexual offences
• Unsafe work conditions – coded to 1292 Occupational safety offences 

This group includes offences relating to circumstances where a person had a legislative obligation to report or protect against child abuse, including physical and/or sexual abuse, and failed to do so. 

Legislative obligations may vary between jurisdictions.

• Fail to protect from child abuse, including reducing or removing risk
• Fail to report child abuse where there is a legal obligation to do so
• Other failure to report child abuse

• Assist in child procurement – coded to 0330 Child procurement and grooming

This group includes acts that recklessly endanger the safety or life of one or more people. It does not include offences that intentionally cause harm to a specific person, or neglect of a person under care. The reckless act may or may not cause harm.

• Cause accidental injury by recklessly operating a machine (not including a vehicle)
• Causing grievous bodily harm as an owner of a dangerous dog or restricted breed dog
• Reckless acts not causing injury
• Throw or drop objects onto or towards a road, freeway, trainline, vehicle, or similar
• Other reckless endangerment offences

• Arson – coded to the relevant groups in 111 Arson
• Food or drink spiking – coded to 0491 Drug or poison a person
• Medical negligence or malpractice, including harmful administration of drugs, not leading to death – coded to 0492 Neglect or ill-treatment of person under care
• Neglect by a parent, guardian, or other responsible person – coded to 0492 Neglect or ill-treatment of person under care
• Reckless acts causing death – coded to 0131 Manslaughter
• Reckless driving causing death – coded to 0132 Driving causing death
• Reckless driving causing serious injury – coded to 0450 Driving causing serious injury
• Reckless driving not causing serious injury – coded to 1324 Reckless driving not causing serious injury

This group includes acts that harm and/or endanger one or more people that are not elsewhere classified.

Acts that recklessly endanger others are coded to 0494 Reckless endangerment. Therefore, offences coded here are either intended to cause harm, or may be neglectful or accidental rather than reckless.

• Create a hazard with intent to cause human injury
• Incite self-harm, excluding inciting suicide
• Incite violence towards an individual person
• Intentionally contaminate drinking water
• Manufacturing or design faults in vehicles leading to injury
• Recruit a child to engage in criminal activity
• Tamper with aircraft to endanger safety
• War crimes not elsewhere classified   
• Other acts that cause intentional harm, or harm through accident or neglect, not elsewhere classified

• Acts that cause environmental harm – coded to relevant groups within 16 Environmental offences
• Drink or drug driving – coded to the relevant groups in 131 Drink or drug driving
• Driving causing serious injury – coded to  0450 Driving causing serious injury
• Intentional acts that harm a specific victim – coded to the relevant group in 02 Assault
• Jaywalking and other pedestrian offences – coded to 1393 Pedestrian offences
• Non-compliance with public health legislation – coded to relevant groups within 123 Public health regulatory offences
• Throw or drop objects onto or towards a road, freeway, trainline, vehicle, or similar – coded to 0494 Reckless endangerment