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

If so, then the assessment officer or the reporter must report the matter to the Director-General (s 27A(4)).

If not, the assessor or the staff member may, if either have concerns for the wellbeing for the child, make such referral or take such action as considered necessary or appropriate (or as is reasonably available) to safeguard or promote the safety, welfare and well-being of the child (s 27A(5)).

Under these arrangements, the normal protections to reporters are provided (s 29(1)(a)-(c) provides immunity; s 29(1)(f) confers confidentiality).

This new scheme may be expected to also reduce the number of reports of more minor concerns to the Director-General.

1.5.2.3. Current position: New South Wales

There have been no further changes after the Wood legislation. Therefore, the current situation, existing since 24 January 2010, is that members of a broad range of professions are required to report current concerns for the safety, welfare or well-being of a child because of the presence, to a significant extent, of (s 23)(1)):

1. 
   the child’s basic physical or psychological needs are not being met or are at risk of not being met;
   
2. 
   lack of necessary medical care and the parents’ caregivers are unable or willing to arrange it;
   

(b1) lack of education in accordance with the Education Act;

3. 
   the child has been or is at risk of being physically or sexually abused or ill-treated;
   
4. 
   the child is living in a household where there have been incidents of domestic violence and as a consequence the child is at risk of serious physical or psychological harm
   
5. 
   a parent/caregiver has behaved in such a way towards the child that the child has suffered or is at risk of suffering serious psychological harm;
   
6. 
   the child was subject of a prenatal report and the birth mother and the mother did not engage successfully with support services to eliminate, or minimize to the lowest level reasonably practical, the risk factors that gave rise to the report’.
   

No penalty exists for noncompliance.