South Australian Current Acts

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CHILDREN'S PROTECTION ACT 1993 - SECT 11

11—Notification of abuse or neglect

        (1)         If—

            (a)         a person to whom this section applies suspects on reasonable grounds that a child has been or is being abused or neglected; and

            (b)         the suspicion is formed in the course of the person's work (whether paid or voluntary) or of carrying out official duties,

the person must notify the Department of that suspicion as soon as practicable after he or she forms the suspicion.

Maximum penalty: $10 000.

        (2)         This section applies to the following persons:

            (a)         a medical practitioner;

            (ab)         a pharmacist;

            (b)         a registered or enrolled nurse;

            (c)         a dentist;

            (d)         a psychologist;

            (e)         a police officer;

            (f)         a community corrections officer (an officer or employee of an administrative unit of the Public Service whose duties include the supervision of young or adult offenders in the community);

            (g)         a social worker;

            (ga)         a minister of religion;

            (gb)         a person who is an employee of, or volunteer in, an organisation formed for religious or spiritual purposes;

            (h)         a teacher in an educational institution (including a kindergarten);

                  (i)         an approved family day care provider;

            (j)         any other person who is an employee of, or volunteer in, a government or non-government organisation that provides health, welfare, education, sporting or recreational, child care or residential services wholly or partly for children, being a person who—

                  (i)         is engaged in the actual delivery of those services to children; or

                  (ii)         holds a management position in the relevant organisation the duties of which include direct responsibility for, or direct supervision of, the provision of those services to children.

        (2a)         In proceedings for an offence against subsection (1)


, it is a defence for the defendant to prove that his or her suspicion was due solely to having been informed of the suspected abuse or neglect by a police officer acting in the course of his or her official duties.

        (2b)         In proceedings for an offence against subsection (1)


, it is a defence for the defendant to prove that—

            (a)         his or her suspicion was due solely to having been informed of the suspected abuse or neglect by another person to whom this section applies; and

            (b)         he or she believed on reasonable grounds that the other person had given a notification under this section in respect of the suspected abuse or neglect.

        (3)         A notification under this section must be accompanied by a statement of the observations, information and opinions on which the suspicion is based.

        (4)         This section does not require a priest or other minister of religion to divulge information communicated in the course of a confession made in accordance with the rules and usages of the relevant religion.

        (5)         A person does not necessarily exhaust his or her duty of care to a child by giving a notification under this section.

        (6)         A person must not threaten or intimidate, or cause damage, loss or disadvantage to, a person to whom this section applies because the person has discharged, or proposes to discharge, his or her duty under subsection (1)


.

Maximum penalty: $10 000.



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