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

Children and Young People Act 1999

In the Australian Capital Territory, the Children and Young People Act 1999 (ACT) s 159(2) imposed a fairly narrow mandatory reporting duty. Section 159(2) imposed a duty to report reasonable suspicions of past or presently-occurring sexual abuse or non-accidental physical injury to a child or young person, on selected persons who form that suspicion in the course of their work or voluntary duties. Hence, the duty did not apply to neglect, or emotional abuse. As well, the duty did not apply to risk of future abuse.

The duty was imposed by s 159(1) on a broad range of professionals as follows:

1. 
   doctors
   
2. 
   dentists
   
3. 
   enrolled or registered nurses
   
4. 
   school teachers
   
5. 
   police officers
   
6. 
   school counsellors
   
7. 
   persons caring for children at child care centres
   
8. 
   persons coordinating or monitoring the provision of home-based care on behalf of a family day-care scheme licensee
   
9. 
   public servants who provide services related to the health and welfare of children, young people or families
   
10. 
    the community advocate
    
11. 
    the official visitor.
    

As in other jurisdictions, voluntary reports could be made of situations outside the mandatory reporting duty (s 158). For mandated reports, immunity was conferred by s 163(1)(a) and (b). Confidentiality was conferred by ss 404 and 405. An unusual provision provided a penalty for making a report other than in good faith (s 160). Uniquely in Australia, the Australian Capital Territory penalty provision included the possibility of imprisonment: s 159(2) set a maximum penalty of 50 penalty units (at the time, a penalty unit was $100, hence $5000), 6 months’ imprisonment, or both.

1.5.1.2. Key changes, 2003-12: Australian Capital Territory

The Children and Young Persons Act 2008 replaced the Children and Young Persons Act 1999, commencing 27 October 2008. Between 2003 and this date, the only substantive change was to add midwives as a reporter group in 159(1)(e). However, several other changes occurred which should be noted.