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.