Obligation to report sexual abuse of person under 18 years at non-State school
366 Obligation to report sexual abuse of person under 18 years at non-State
school
(1) Subsection (2) applies if a staff member of a non-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 a 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 a director of the school’s governing
body—
(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.
(2B) If
subsection (2A) applies, the principal must also immediately give a copy of
the report to a director of the school’s governing body.
Penalty—
Maximum penalty—20 penalty units.
(3) A regulation may prescribe the
particulars the report must include.
(4) A non-State school’s principal or
a director of a non-State school’s governing body must immediately give a
copy of a report given to the principal or director under subsection (2) to a
police officer.
Penalty—
Maximum penalty—20 penalty units.
(5) A
person who makes a report under subsection (2) or (2A) , or gives a copy of a
report under subsection (2B) or (4) , is not liable, civilly, criminally or
under an administrative process, for giving the information contained in the
report to someone else.
(6) Without limiting subsection (5) —
(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.
