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Division 04 - Dangerous or Negligent Acts Endangering Persons

Dangerous or negligent acts which, though not intended to cause harm, actually or potentially result in injury to oneself or another person.

This division is further disaggregated into subdivisions on the basis of whether or not the dangerous or negligent act involved the operation of a vehicle.

For the purposes of this division the definition of vehicle is any means of motorised or non-motorised transport in or on which something is carried, conveyed or travels. This includes but is not limited to: car, motor cycle, motorised caravan/campervan, truck, tractor, bus, train, tram, boat, aeroplane, bicycle, wheelchair, skateboard/skates/rollerblades, ride-on mower, horse, etc.

For the purposes of this division the definition of driving is operating or being legally in charge of a vehicle.

Offences in this division are classified into the following subdivisions:

041 Dangerous or Negligent Operation of a Vehicle
049 Other Dangerous or Negligent Acts Endangering Persons

Exclusions:
Offences which result in death. These are coded to Division 01, Homicide and Related Offences
Offences where there is an intent to injure and where there is no sexual or acquisitive element. These are coded to Division 02, Acts Intended to Cause Injury
Offences that involve reckless behaviour amounting to intentionality or malice. These are coded to Division 02, Acts Intended to Cause Injury
Riot and affray. This is coded to Group 1319, Disorderly Conduct, nec
Driving offences not of a dangerous or negligent nature. These are coded to Division 14, Road Traffic and Motor Vehicle Regulatory Offences

The negligent operation of a vehicle (as defined at the start of this division) which, though not intended to cause harm, actually or potentially result in injury to oneself or another person.

This subdivision is disaggregated on the basis of the actual contributing factor (alcohol, drugs, carelessness or speed) that causes the culpable driving.

Offences in this subdivision are classified into the following groups:

0411 Driving Under the Influence of Alcohol or Drugs
0412 Dangerous or Negligent Operation (Driving) of a Vehicle

Exclusions:
Dangerous or negligent acts not involving the operation of a vehicle. These are coded to Subdivision 049, Other Dangerous or Negligent Acts

0411 Driving Under the Influence of Alcohol or Drugs
Offences where the driver of a vehicle (as defined at the start of this division) is under the influence of alcohol or drugs, their driving is impaired and they actually do or potentially could cause an injury to themselves or another person.

Inclusions:
Driving under the influence of alcohol and/or drugs
Riding (bicycle, horse, skateboard, etc.) under the influence of alcohol and/or drugs

Exclusions:
Driving while exceeding the prescribed content of alcohol. This is coded to Group 1431, Exceeding the Prescribed Content of Alcohol Limit

0412 Dangerous or Negligent Operation (Driving) of a Vehicle
Dangerous, negligent or culpable operation (driving) of a vehicle (as defined at the start of this division) in a manner whereby an injury to themselves or another person occurs or is potentially likely to occur.

Inclusions:
Dangerous, negligent, careless or reckless driving
The negligent or reckless operation of a vehicle
Culpable navigation
Riding (bicycle, horse, skateboard, etc.) in a dangerous or negligent manner

Exclusions:
Driving under the influence of alcohol and/or drugs. This is coded to Group 0411, Driving Under the Influence of Alcohol or Drugs
Driving while exceeding the prescribed content of alcohol. This is coded to Group 1431, Exceeding the Prescribed Content of Alcohol Limit
Exceeding the legal speed limit. This is coded to Group 1432, Exceed Legal Speed Limit.

Dangerous or negligent acts not involving the operation of a vehicle which, though not intended to cause harm, actually or potentially result in injury to oneself or another person.

This subdivision is further disaggregated to distinguish duty of care from other negligent acts that endanger persons that cannot be placed anywhere else in this division.

Offences in this subdivision are classified into the following groups:

0491 Neglect of Person Under Care
0499 Other Dangerous or Negligent Acts Endangering Persons, nec

0491 Neglect of Person Under Care
A negligent act or omission by a person, not involving the operation of a vehicle, with a duty of care which, though not intended to cause harm, actually or potentially result in injury to the person under care.

Inclusions:
Ill-treatment of persons
Child neglect

0499 Other Dangerous or Negligent Acts Endangering Persons, nec
All other negligent acts not involving the operation of a vehicle which, though not intended to cause harm, actually or potentially result in injury to oneself or another person which cannot be classified elsewhere in Subdivision 049, Other Dangerous or Negligent Acts Endangering Persons.

Inclusions:
Causing grievous bodily harm by a negligent act or omission

Exclusions:
Jaywalking and other pedestrian offences. These are coded to Group 1441, Pedestrian Offences
Neglect of persons. This is coded to Group 0491, Neglect of Persons Under Care.