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

Children and Young Persons Act 2008 (commencing 27 October 2008)

The Children and Young Persons Act 2008, which commenced on 27 October 2008, made the following changes:

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  some provisions were renumbered (the key mandated reporting provision, formerly s 159, was renumbered s 356, without changing the scope; the offence provision for a false or misleading mandatory report is in s 358; immunity was provided, in s 874; confidentiality was provided, in s 857; the exception in the former s 159(3) was renumbered s 357(1) ie where a reporter has a reasonable belief that someone else has made a report about the same child or young person in relation to the same abuse, and the other person reported the same reasons for their belief as the person has for their belief;
  

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  there was a clarification of the scope of some mandated reporter groups (s 356) by stating that:
  
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    ‘teacher’ at a school includes a teacher’s assistant or aide if the person is in paid employment at the school;
    
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    person caring for a child at a childcare centre includes a childcare assistant or aide caring for a child at the childcare centre if they are in paid employment there (but not volunteers caring for a child).
    
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  a new exception was added by s 357(2) for not reporting in situations where a reporter had a reasonable belief that physical injury was caused to a child by another child or young person, and a person with parental responsibility for the child is willing and able to protect the child from further injury
  
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    if this kind of situation was previously being reported (erroneously) then this may be expected to produce a small decline in reports of physical injury.