The penalty was unchanged in its form but in substance it is higher, due to changes in the definition of a ‘penalty unit’. A penalty unit was redefined as $110 in the Legislation Act s 133, by the Legislation (Penalty Units) Amendment Act 2009 (No 35), so from 21 October 2009 to 31 December 2012 the penalty was 50 penalty units ($5500), 6 months’ imprisonment, or both.
New reporter group: home education inspectors (commencing 20 September 2010)
An addition was made to the list of mandated reporters in s 356(2)(g) of ‘persons authorized to inspect education programs, materials or other records used for home education of a child or young person’ as a mandated reporter group (inserted by Children and Young People Amendment Act 2010 (No 2)). Due to the small population of this group of mandated reporters, and the narrow scope of the reporting duty, this change may not be expected to cause much difference in reporting practice.
The duty is limited to intentional physical injury and sexual abuse, but is applied to a wide range of professionals. A very substantial penalty is provided, and uniquely in Australia includes the possibility of imprisonment. Provisions indicate situations in which a report is not required. A suspected drafting error in these provisions may confuse reporters about whether or not neglect and emotional abuse must be reported.
