Northern Territory Consolidated Acts

CARE AND PROTECTION OF CHILDREN ACT - SECT 26

    (1)     A person is guilty of an offence if the person:

        (a)     believes, on reasonable grounds, any of the following:

            (i)     a child has suffered or is likely to suffer harm or exploitation;

            (ii)     a child aged less than 14 years has been or is likely to be a victim of a sexual offence;

            (iii)     a child has been or is likely to be a victim of an offence against section 128 of the Criminal Code; and

        (b)     does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer:

            (i)     that belief; and

            (ii)     any knowledge of the person forming the grounds for that belief; and

            (iii)     any factual circumstances on which that knowledge is based.

Maximum penalty:     200 penalty units.

Note for subsection (1)(a)(iii)

The victim of an offence against section 128 of the Criminal Code is a child who is of or over the age of 16 years and under the offender's special care as mentioned in that section (for example, because the offender is a step-parent or teacher of the victim).

    (2)     A person is guilty of an offence if the person:

        (a)     is a health practitioner or someone who performs work of a kind that is prescribed by regulation; and

        (b)     believes, on reasonable grounds:

            (i)     that a child aged at least 14 years (but less than 16 years) has been or is likely to be a victim of a sexual offence; and

            (ii)     that the difference in age between the child and alleged sexual offender is more than 2 years; and

        (c)     does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer:

            (i)     that belief; and

            (ii)     any knowledge of the person forming the grounds for that belief; and

            (iii)     any factual circumstances on which that knowledge is based.

Maximum penalty:     200 penalty units.

Example for subsection (2)(b)(ii)

A health practitioner believes, on reasonable grounds, that a child who has just turned 14 is likely to be a victim of a sexual offence committed by someone aged 16 and a half.

    (3)     It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.

    (4)     This section has effect despite any other provision in this Act or another law of the Territory.