Obligation to report sexual abuse of person under 18 years at State school
365 Obligation to report sexual abuse of person under 18 years at State school
(1) Subsection (2) applies if a staff member of a State school (the
"first person" ) becomes aware, or reasonably suspects, in the course of the
staff member’s employment at the school, that any of the following has been
sexually abused by another person—
(a) a student under 18 years attending
the school;
(b) a kindergarten age child registered in—
(i) a kindergarten
learning program at the school; or
(ii) a distance education kindergarten
learning program at the school;
(c) a person with a disability who—
(i)
under section 420(2) , is being provided with special education at the
school; and
(ii) is not enrolled in the preparatory year at the school.
(2)
The first person must give a written report about the abuse, or suspected
abuse, to the school’s principal or the principal’s supervisor—
(a)
immediately; and
(b) if a regulation is in force under subsection (3) , as
provided under the regulation.
Penalty—
Maximum penalty—20 penalty
units.
(2A) However, if the first person is the school’s principal, the
principal must give a written report about the abuse, or suspected abuse, to a
police officer—
(a) immediately; and
(b) if a regulation is in force under
subsection (3) , as provided under the regulation.
Penalty—
Maximum
penalty—20 penalty units.
(3) A regulation may prescribe the particulars
the report must include.
(4) A State school’s principal or a principal’s
supervisor must immediately give a copy of a report given to the principal or
supervisor under subsection (2) to a police officer.
Penalty—
Maximum
penalty—20 penalty units.
(4A) Subsection (5) applies if the report is
about abuse by an employee of a State school.
(5) The principal or
principal’s supervisor must also immediately give a copy of the report to a
person nominated by the chief executive for the purpose (the
"chief executive’s nominee" ).
Penalty—
Maximum penalty—20 penalty
units.
(6) A person who makes a report under subsection (2) or (2A) , or
gives a copy of a report under subsection (4) or (5) , is not liable, civilly,
criminally or under an administrative process, for giving the information
contained in the report to someone else.
(7) Without limiting subsection (6)
—
(a) in a proceeding for defamation, the person has a defence of absolute
privilege for publishing the information; and
(b) if the person would
otherwise be required to maintain confidentiality about the given information
under an Act, oath, rule of law or practice—the person does not contravene
the requirement by giving the information.
