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

Public Health Act 2005

The relevant provisions in the Health Act 1937 were then placed into the Public Health Act 2005 (No 48) (Qld), which commenced 1 December 2005.²⁸ The PHA 2005 (No 48) Sch 1 amended the Health Act 1937 and omitted Part 3, which contained the reporting provisions. Accordingly, since 1 December 2005 the relevant provisions for doctors and nurses have been in the Public Health Act 2005. The key provisions are in Chapter 5 Part 3. The provisions are unaltered from the original Public Health Act 2005, but are renumbered.

Section 158 defines relevant terms. Section 191 sets out the duty. The state of mind which activates the duty to report is ‘aware, or reasonably suspects’. The duty applies to awareness or reasonable suspicion of past/presently occurring abuse/neglect meeting the definition of significant harm, and extends to suspected likely future abuse/risk of significant harm. The term ‘harm’ is defined in s 158 as ‘any detrimental effect on the child’s physical, psychological or emotional wellbeing (a) that is of a significant nature; and (b) that has been caused by caused by (i) physical, psychological or emotional abuse or neglect; or (ii) sexual abuse or exploitation’.²⁹ Section 195 provides protection for giving information to professionals. Section 196 confers confidentiality on notifiers. The Child Protection Act 1999 ss 22 and 186 are expressly provided to be relevant to a professional giving a notice or other information under these provisions, by the Public Health Act s 186(2). Section 193 is the offence provision (maximum 50 penalty units; which now equates to $5500).