Child Abuse and Neglect: a socio-legal Study of Mandatory Reporting in Australia
WA Children and Community Services Act 2004 Section 124A defines ‘sexual abuse’. Section 124B
- Bu səhifədəki naviqasiya:
- 1.5. Legislative developments for each State and Territory over time: 2003-2012
- 1.5.1. Australian Capital Territory
| WA
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Children and Community Services Act 2004 Section 124A defines ‘sexual abuse’. Section 124B(1) requires a mandated reporter who in the course of their work ‘believes on reasonable grounds that a child (i) has been the subject of sexual abuse that occurred on or after commencement day; or (ii) is the subject of ongoing sexual abuse’ to report it. |
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Focus is ‘abuse’ explicitly Sexual abuse |
1.5. Legislative developments for each State and Territory over time: 2003-2012
In Australia, reporting laws have developed since the 1970s. Each State and Territory has constitutional power to pass legislation about child protection. In the absence of a coordinated national approach, and with States and Territories having different priorities and preferences about child protection and family welfare, each jurisdiction has enacted its own mandatory reporting legislation at different times, in different ways, and with occasional amendments which usually broaden but sometimes narrow the scope of the duty (Mathews & Kenny, 2008).14
Below, we provide a 10 year historical review and analysis of the development of the mandatory reporting laws in each State and Territory. For each jurisdiction, we describe:
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the original legislative position at 1 January 2003; -
key legislative changes between 1 January 2003 and 31 December 2012, noting the effects these changes may have on reporting practice; -
a summary of the position at 31 December 2012; and -
a summary timeline depicting key changes.
The findings from this Stage 1 Report will then inform our analysis in Stage 2 of this study. In Stage 2, we will collate and analyse government data about reports and outcomes of reports for each type of child abuse and neglect, by each reporter group, from each State and Territory for the 2003-2012 period. This will indicate within each jurisdiction the influence of different legislative provisions on reporting practice and outcomes. It will also inform an analysis across jurisdictions of the influence of different legislative frameworks on reporting practice and outcomes.
The following sections detail legislative developments for each State and Territory over the period 2003-2012:
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1.5.1 Australian Capital Territory -
1.5.2 New South Wales -
1.5.3 Northern Territory -
1.5.4 Queensland -
1.5.5 South Australia -
1.5.6 Tasmania -
1.5.7 Victoria -
1.5.8 Western Australia
1.5.1. Australian Capital Territory
1.5.1.1. Original position at 1 January 2003: Australian Capital Territory
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