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Background information
(The information below has been taken from information supplied by the Victorian law firm Slater and Gordon. The full text can be accessed at http://www.slatergordon.com.au/blog/unattended-children-getting-the-facts-straight/
Please note: the Victorian penalties outlined below are those that pertained prior to the Government's announcement of increased penalties.)
Australian laws regarding leaving children unattended
Queensland
Legislation: Queensland Criminal Code Act 1899 (QLD) - Section 364A
(1) A person who, having the lawful care or charge of a child under 12 years, leaves the child for an unreasonable time without making reasonable provision for the supervision and care of the child during that time commits a misdemeanour.
Maximum penalty-3 years imprisonment.
(2) Whether the time is unreasonable depends on all the relevant circumstances.
New South Wales
Legislation: Children and Young Persons (Care and Protection) ACT 1998 - Section 231
A person who leaves any child or young person in the person's care in a motor vehicle without proper supervision for such period or in such circumstances that:
(a) the child or young person becomes or is likely to become emotionally distressed, or
(b) the child's or young person's health becomes or is likely to become permanently or temporarily impaired, is guilty of an offence.
Penalty: 200 penalty units.
Victoria
Legislation: Children, Youth and Families Act 2005 (Vic). Section 494:- Offence to leave Child unattended
(1) A person who has the control or charge of a child must not leave the child without making reasonable provision for the child's supervision and care for a time which is unreasonable having regard to all the circumstances of the case.
Penalty: 15 penalty units or imprisonment for 3 months
Western Australia
Legislation: Children and Community Services Act 2004. Part 4, Division 7, Subdivision 1
A person who has the care or control of a child and who leaves the child in a motor vehicle (as defined in the Road Traffic Act 1974) without proper supervision for such period or in such circumstances that -
(a) the child becomes or is likely to become emotionally distressed; or
(b) the child's health becomes or is likely to become permanently or temporarily impaired, is guilty of a crime, and is liable to imprisonment for 5 years.
Penalty: a fine of $36 000 and imprisonment for 3 years.
In Queensland and Victoria particularly, these laws mean if you leave a child unattended, whether it be in a car or at home, and that child is left for an unreasonable time and no reasonable provision for the supervision and care of that child has taken place, then ultimately you have committed a misdemeanour.