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


NT Care and Protection of Children Act 2007 (NT) Section 26



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NT

Care and Protection of Children Act 2007 (NT)

Section 26(1): A person is guilty of an offence if the person (a) ‘believes, on reasonable grounds, any of the following:



  1. a child has suffered or is likely to suffer harm or exploitation;

  2. a child aged less than 14 years has been or is likely to be a victim of a sexual offence;

  3. a child has been or is likely to be a victim of an offence against section 128 of the Criminal Code’ and does not report it.

Section 26(2): A person is guilty of an offence if the person (a) is a health practitioner or someone prescribed by regulation; and (b) ‘believes, on reasonable grounds,



  1. that a child aged at least 14 years (but less than 16 years) has been or is likely to be a victim of a sexual offence; and

  2. that the difference in age between the child and alleged sexual offender is more than 2 years;

and does not report it.
Section 15(1): Harm to a child is any significant detrimental effect caused by any act, omission or circumstance on:

(a) the physical, psychological or emotional wellbeing of the child; or

(b) the physical, psychological or emotional development of the child.
Section 15(2): Without limiting subsection (1), harm can be caused by the following:

(a) physical, psychological or emotional abuse or neglect of the child;

(b) sexual abuse or other exploitation of the child;

(c) exposure of the child to physical violence.



Example: A child witnessing violence between the child's parents at home
Section 16(1): Exploitation of a child includes sexual and any other forms of exploitation of the child. Section 16(2): Without limiting subsection (1), sexual exploitation of a child includes: (a) sexual abuse of the child; and (b) involving the child as a participant or spectator in any of the following: (i) an act of a sexual nature; (ii) prostitution; (iii) a pornographic performance.

Focus is on the child suffering ‘harm’ as a consequence of abuse causing the ‘harm’ specified
For sexual abuse, the focus is also explicitly on the child being a victim of ‘exploitation’, which is akin to ‘abuse’
Physical abuse

Sexual abuse

Emotional abuse

Neglect


Exposure to physical violence (e.g., a child witnessing violence between parents at home)
Focus on significant harm via ‘significant detrimental effect’ concept


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