Child Abuse and Neglect: a socio-legal Study of Mandatory Reporting in Australia



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Current Legislation

Former provisions

Children to whom the provisions apply

ACT

Children and Young People Act 2008 (ACT) s 11: a ‘child’ is a person under 12 years old; s 12: a ‘young person’ is a person of 12 years or older, but not yet an adult.

Both CYPA 1999 at 1 January 2003; and CYPA immediately before CYPA 2008 as made, defined ‘child’ in s 7 and ‘young person’ in s 8 in the same way as the 2008 legislation.

Children under age 18

NSW

Children and Young Persons (Care and Protection) Act 1998 (NSW) s 3: ‘child’ is a person who is under the age of 16 years; ‘young person’ is a person who is aged 16 or above but who is under the age of 18 years; but the duty to report in s 27 applies only where a person ‘has reasonable grounds to suspect that a child is at risk of harm’ (our emphasis)

Children and Young Persons (Care and Protection) Act 1998 (NSW) s 3: ‘child’ is a person who is under the age of 16 years; ‘young person’ is a person who is aged 16 or above but who is under the age of 18 years

Children under age 16

NT

Care and Protection of Children Act (NT) s 13: ‘child’ is a person who is under the age of 18 years

Community Welfare Act s 4: ‘child’ is a person who has not attained the age of 18 years

Children under age 18

QLD

Public Health Act 2005 (Qld) Sch 2: ‘child’ means an individual under 18 years;

Education (General Provisions) Act 2006 (Qld) ss 364-366A apply to students under 18;

Child Protection Act 1999 (Qld) s 8: a child is an individual under 18 years.


Health Act 1937 s 76M at 1 January 2003 defined ‘child’ as a person under the age of 17 years; this was changed so the duty applied to children under 18 years via s 76K, comm 31 August 2005;

Education (General Provisions) Act 1989 (Qld) ss 146A-B apply to students under 18



Child Protection Act 1999 (Qld) s 8: a child is an individual under 18 years.

Children under age 18



SA

Children’s Protection Act 1993 (SA) s 6(1): a ‘child’ is a person under 18 years of age

Children’s Protection Act 1993 (SA) s 6(1) at 1 January 2003: a ‘child’ is a person under 18 years of age

Children under age 18

TAS

Children, Young Persons and Their Families Act 1997 (Tas) s 3(1): a ‘child’ is a person under 18 years of age

Children, Young Persons and Their Families Act 1997 (Tas) s 3(1): a ‘child’ is a person under 18 years of age

Children under age 18

VIC

Children, Youth and Families Act 2005 (Vic) s 3(1): ‘child’ means a person who is under the age of 17 years

Children and Young Persons Act 1989 (Vic) s 3(1): ‘child’ means a person who is under the age of 17 years

Children under age 17

WA

Children and Community Services Act 2004 (WA) s 3: a ‘child’ is a person under 18 years of age

Children and Community Services Act 2004 (WA) s 3: a ‘child’ is a person under 18 years of age

Children under age 18



Table 1.6: Maximum penalties, and penalty units: Australian States and Territories





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