Tasmanian Consolidated Acts

CHILDREN, YOUNG PERSONS AND THEIR FAMILIES ACT 1997 - SECT 14

      (1) In this section,

"prescribed person" means –

(a) a registered medical practitioner; and

(b) a nurse, within the meaning of the Nursing Act 1995; and

(c) a person who is registered as a dentist, dental therapist or dental hygienist under the Dental Practitioners Registration Act 2001; and

(d) a registered psychologist, within the meaning of the Psychologists Registration Act 2000; and

(e) a police officer; and

(f) .  .  .  .  .  .  .  .  

(g) a probation officer appointed or employed under section 5 of the Corrections Act 1997; and

(h) a principal and a teacher in any educational institution (including a kindergarten); and

(i) a person who provides child care, or a child care service, for fee or reward; and

(j) a person concerned in the management of a child care service licensed under the Child Care Act 2001; and

(k) any other person who is employed or engaged as an employee for, of or in, or who is a volunteer in –

(i) a Government Agency that provides health, welfare, education, child care or residential services wholly or partly for children; and

(ii) an organisation that receives any funding from the Crown for the provision of suchservices; and

(l) any other person of a class determined by the Minister by notice in the Gazette to be prescribed persons.

      (2) If a prescribed person, in carrying out official duties or in the course of his or her work (whether paid or voluntary), believes, or suspects, on reasonable grounds, or knows –

(a) that a child has been or is being abused or neglected or is an affected child within the meaning of the Family Violence Act 2004; or

(b) that there is a reasonable likelihood of a child being killed or abused or neglected by a person with whom the child resides; or

(c) while a woman is pregnant, that there is a reasonable likelihood that after the birth of the child –

(i) the child will suffer abuse or neglect, or may be killed by a person with whom the child is likely to reside; or

(ii) the child will require medical treatment or other intervention as a result of the behaviour of the woman, or another person with whom the woman resides or is likely to reside, before the birth of the child –

Penalty:

Fine not exceeding 20 penalty units.

      (3) Whether a person informs the Secretary or a Community-Based Intake Service under subsection (2) verbally or in writing, the person must include in the information a statement of the observations, information, opinions and other grounds upon which the belief, suspicion or knowledge is based.

      (4) For the purposes of this section, the Secretary may issue or approve guidelines relating to the manner in which a person may inform the Secretary or a Community-Based Intake Service under subsection (2).

      (5) Without limiting the matters and procedures that may be included in the guidelines, the guidelines may provide that a person may inform the Secretary or a Community-Based Intake Service under subsection (2) by following the procedure set out in the guidelines or by informing another person for or with whom the person works.

      (6) It is a defence to a charge for an offence against subsection (2) –

(a) if the person charged can prove that he or she honestly and reasonably believed that the Secretary or a Community-Based Intake Service had been informed of all the reasonable grounds on which his or her belief, suspicion or knowledge was based by another person; or

(b) if the person charged has complied with guidelines issued under subsection (4) that apply to him or her in respect of the organisation, body or other person for whom or in which the person works.

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