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

Figure 1.5: Timeline showing key developments, South Australia, 2003-2012

1.5.6. Tasmania

1.5.6.1. Original position at 1 January 2003: Tasmania

At 1 January 2003, the Children, Young Persons and Their Families Act 1997 (Tas) s 14(2) imposed a broad range of mandatory reporting duties for all four classical forms of child abuse and neglect.³⁸

Section 3(1) defined ‘abuse or neglect’ as meaning:

1. 
   sexual abuse; or
   
2. 
   physical or emotional injury or other abuse, or neglect, to the extent that:
   

1. 
   the injured, abused or neglected person has suffered, or is likely to suffer, physical or psychological harm detrimental to the person’s wellbeing; or
   
2. 
   the injured, abused or neglected person’s physical or psychological development is in jeopardy.
   

Therefore, there was a significance threshold for all types of abuse and neglect other than sexual abuse. This was conceptualised in the same way as the South Australian provision.

Section 14(1) imposed the duty on a very broad range of professionals whether paid or voluntary (see below). Section 14(2) imposed the reporting duty on any of these designated persons who ‘believes, or suspects, on reasonable grounds, or knows, (a) that a child has been or is being abused or neglected; or (b) that there is a reasonable likelihood of a child being killed or abused or neglected by a person with whom the child resides’. Section 14(2) imposed the duty when the suspicion was formed in the course of the person’s work (whether paid or voluntary) or of carrying out official duties. Immunity was conferred by s 15.³⁹ Confidentiality was conferred by 16. The penalty for noncompliance was 20 penalty units which at the time equated to $2000 as a penalty unit was $100 (see Appendix; this was increased in 2007 to $120; hence $2400).