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

any significant detrimental effect caused by any act, omission or circumstance on:

1. 
   the physical, psychological or emotional wellbeing of the child; or
   
2. 
   the physical, psychological or emotional development of the child.
   

1. 
   Without limiting subsection (1), harm can be caused by the following:
   

1. 
   physical, psychological or emotional abuse or neglect of the child;
   
2. 
   sexual abuse or other exploitation of the child;
   
3. 
   exposure of the child to physical violence.
   

• 
  Defining ‘exploitation’ (s 16) to include sexual and other forms of exploitation of the child. Section 16(2) non-exhaustively defined sexual exploitation as including (a) sexual abuse; and (b) involving the child as a participant or spectator in (i) An act of a sexual nature; (ii) Prostitution; or (iii) A pornographic performance.
  

• 
  Placing the reporting duty in s 26 in the following terms:
  

1. 
   A person is guilty of an offence if the person:
   

1. 
   believes, on reasonable grounds, that a child:
   

1. 
   has been or is likely to be a victim of a sexual offence; or
   
2. 
   otherwise has suffered or is likely to suffer harm or exploitation; and
   

2. 
   does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a police officer.
   

• 
  Immunity from proceedings was provided by s 27. Confidentiality was indirectly protected by s 97, although this was not as clear a protection as existed elsewhere. The maximum penalty was 200 penalty units.
  

The new concepts and definitions of harm are arguably broader than the previous concept of maltreatment and the definitions of it. This may be expected to have produced an increase in reports in most categories, and especially for the new category of exposure to physical violence.