Child Abuse and Neglect: a socio-legal Study of Mandatory Reporting in Australia
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| 44 Statute law revision - (1) In section 184(1) of the Children, Youth and Families Act 2005, for "162(c) or 162(d)" substitute "162(1)(c) or 162(1)(d)".
The Children’s Services Amendment Act 2011 (No 80) s 79 (Sch. Item 2) commencing 1 January 2012) inserted a new s 182(fa) as follows: 2.3 In section 182(1), after paragraph (f) insert— "(fa) on and from the relevant date, the approved provider or nominated supervisor of, or a person with a post-secondary qualification in the care, education or minding of children who is employed or engaged by an education and care service within the meaning of the Education and Care Services National Law (Victoria)". Similar insubstantial amendments to s 182 were made by the Health Professions Registration Act 2005, No. 97/2005, and the Education and Training Reform Act 2006, No. 24/2006. 50 For example, item 12.2 stated that In section 3(1)— (a) for the definition of registered medical practitioner substitute—"registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)"; (b) for the definition of registered psychologist substitute—"registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student)". 51 12.3 In section 3(1), insert the following definitions—"midwife means a person registered under the Health Practitioner Regulation National Law—to practise in the nursing and midwifery profession as a midwife (other than as a student); and (b) in the register of midwives kept for that profession; “nurse” means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student)". 52 As (s 5): ‘sexual behaviour in circumstances where – (a) the child is the subject of bribery, coercion, a threat, exploitation or violence; or (b) the child has less power than another person involved in the behaviour; or (c) there is a significant disparity in the developmental function or maturity of the child and another person involved in the behaviour’. 53 For example, The Children and Community Services Amendment Act 2010 (No 49 of 2010) s 72 amended s 124C(3)(c) to delete the words “if known” and insert “if, or to the extent, known”, and added the new subsection (ea) as described above, concerning the information to be provided in the report. Section 85 amended the penalty provisions in 124C(1), (2) and (4) to add the words “a fine of”. The Health Practitioner Regulation National Law (WA) Act 2010 (No 35 of 2010) s 39 amends the definitions of “doctor”, “nurse” and “midwife” to align those occupational definitions with the new regulatory framework of professional registration. The Teacher Registration Act 2012 (No 16 of 2012) s 163 amends the definition of “teacher” to align its occupational definition with the new regulatory framework of professional registration. 54 Essentially, options other than school in the last two years of compulsory education, like vocational education. 55 Essentially, home schooling. 56 The Child Care Services Act 2007 at the time also did not mandated childcare staff. It regulated the provision of child care (rather than education); see also s 4. The Western Australian College of Teaching Act 2004, which regulated teaching in schools, did not include childcare staff as ‘teachers’ and so did not require childcare staff to be registered. See the explanatory memorandum which appears to limit the definition and scope of ‘teacher’: http://www.parliament.wa.gov.au/Parliament/bills.nsf/6C1C35600F6FA450C82573A20001DFD7/$File/EM%2B-%2BBill%2B257-1.pdf 57 Note that under the Education and Care Services National Law (WA) Act 2012, ‘education and care service’ is defined as ‘any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than —
Example: Instruction in sport, dance, music, culture or language or religious instruction.
Example: Education and care services to which this Law applies include long day care services, family day care services and outside school hours services, unless expressly excluded. 58 Under s 7 it is an offence to employ an unregistered person to teach in an educational venue. 59 ‘ Teach’ is defined in s 4 as: ‘to undertake duties in an educational venue that include —
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