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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 356 Offence—mandatory reporting of abuse

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 356

Offence—mandatory reporting of abuse

    (1)     A person commits an offence if—

        (a)     the person is a mandated reporter; and

        (b)     the person is an adult; and

        (c)     the person believes on reasonable grounds that a child or young person has experienced, or is experiencing—

              (i)     sexual abuse; or

              (ii)     non-accidental physical injury; and

        (d)     the person's reasons for the belief arise from information obtained by the person during the course of, or because of, the person's work (whether paid or unpaid); and

        (e)     the person does not, as soon as practicable after forming the belief, report (a mandatory report ) to the director-general—

              (i)     the child's or young person's name or description; and

              (ii)     the reasons for the person's belief.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Note 1     A person who gives information honestly and without recklessness under this section does not breach professional ethics and is protected from civil liability (see  s 874).

Note 2     Giving false or misleading information to the director-general is an offence (see Criminal Code

, s 338).

    (2)     A person who is or was a member of the clergy of a church or religious denomination is not entitled to refuse to make a mandatory report because it contains information communicated to the member during a religious confession.

    (3)     In this section:

"mandated reporter"—each of the following people is a mandated reporter :

        (a)     a doctor;

        (b)     a dentist;

        (c)     a nurse;

        (d)     an enrolled nurse;

        (e)     a midwife;

Note     Doctor , dentist , nurse, enrolled nurse and midwife are defined in the Legislation Act

, dict, pt 1.

        (f)     a psychologist;

        (g)     a teacher at a school;

        (h)     a person authorised to inspect education programs, materials or other records used for home education of a child or young person under the Education Act 2004

;

              (i)     a police officer;

        (j)     a person employed to counsel children or young people at a school;

        (k)     a person caring for a child at a childcare centre;

        (l)     a person coordinating or monitoring home-based care for a family day care scheme proprietor;

        (m)     a public servant who, in the course of employment as a public servant, works with, or provides services personally to, children and young people or families;

        (n)     the public advocate;

        (o)     the Aboriginal and Torres Strait Islander children and young people commissioner;

        (p)     an official visitor;

        (q)     a minister of religion, religious leader or member of the clergy of a church or religious denomination;

        (r)     a person who, in the course of the person's employment, has contact with or provides services to children, young people and their families and is prescribed by regulation.

"person caring for a child at a childcare centre "includes a childcare assistant or aide caring for a child at the childcare centre if the assistant or aide is in paid employment at the childcare centre, but does not include anyone caring for a child as an unpaid volunteer.

"psychologist "means a person registered under the Health Practitioner Regulation National Law (ACT)

to practise in the psychology profession (other than as a student).

"religious confession" means a confession made by a person to a member of the clergy in the member's professional capacity according to the ritual of the member's church or religious denomination.

"teacher", at a school, includes a teacher's assistant or aide if the assistant or aide is in paid employment at the school.