CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124B
CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124B
124B . Duty of certain people to report sexual abuse of children
(1) A person who
—
(a) is a
person specified in the Table (a specified person ); and
Table
|
assessor |
boarding supervisor |
|
departmental officer |
doctor |
|
midwife |
minister of religion |
|
nurse |
out-of-home care worker |
|
police officer |
teacher |
(b)
believes on reasonable grounds that a child —
(i)
has been the subject of sexual abuse that occurred on or
after commencement day; or
(ii)
is the subject of ongoing sexual abuse;
and
(c)
forms the belief —
(i)
in the course of the person’s work (whether paid or
unpaid) as a specified person; and
(ii)
on or after commencement day,
must report the belief
as soon as practicable after forming the belief.
Penalty for this subsection: a fine of $6 000.
(2) For the purposes
of subsection (1) the report must be made to —
(a) the
CEO; or
(b) a
person approved by the CEO; or
(c) a
person who is a member of a class of persons approved by the CEO.
(3) In a prosecution
for an offence under subsection (1) it is a defence for the person charged to
prove that he or she honestly and reasonably believed that —
(a) all
of the reasonable grounds for his or her belief were the subject of a report
made by another person; or
(b) the
CEO had caused, or was causing, inquiries to be made under section 31 about
the child’s wellbeing; or
(c) the
CEO had taken, or was taking, action under section 32 in respect of the
child’s wellbeing.
(4) The duty that a
person has under subsection (1) is in addition to, and does not affect, any
other function that the person has in respect of the child in the course of
the person’s work as a specified person.
[Section 124B inserted: No. 26 of 2008 s. 5;
amended: No. 49 of 2010 s. 85; No. 23 of 2015 s. 47; No. 18 of 2021 s. 76; No.
18 of 2021 s. 53(1)-(3), (5), (6), (10) and (11).]