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

Children, Youth and Families Act 2005 (relevant provisions commenced 23 April 2007)

The Children and Young Persons Act 1989 (No. 56 of 1989) was repealed on 23 April 2007 by s 601 of the Children, Youth and Families Act 2005, No. 96/2005. The CYFA 2005 incorporated the mandatory reporting provisions in Chapter 4 (Children in need of protection) and Part 4.4 (Reporting) (s 162, 182 ff).

The new legislation made no substantive changes to mandatory reporting provisions.⁴⁵ There was no change to the types of abuse that must be reported (provisions renumbered – now s 162(1)(c) and (d) for physical injury and sexual abuse respectively) or the nature of the reporting duty, for example, the state of mind required to activate the reporting duty.⁴⁶ The definition of ‘child’ as a person under 17 was not amended (s 3). However, it is significant that s 31 enabled significant concerns regarding a child’s wellbeing to be referred to a community-based child and family service. This was an aspect of the differential response mechanism built into the legislation at this time.⁴⁷

There were no changes to mandated reporter groups as when enacted, no further groups were gazetted as mandated reporters. The provisions were renumbered as follows in s 182(1)(a)-(l):⁴⁸

1. 
   a registered medical practitioner;
   
2. 
   a person registered under the Nurses Act 1993;
   
3. 
   a person who is registered as a teacher under the Victorian Institute of Teaching Act 2001 or has been granted permission to teach under that Act;
   
4. 
   the head teacher or principal of a State school within the meaning of the Education Act 1958 or of a school registered under Part III of that Act;
   
5. 
   a member of the police force;
   
6. 
   on and from the relevant date, the proprietor of, or a person with a post-secondary qualification in the care, education or minding of children who is employed by, a children's service to which the Children's Services Act 1996 applies or a person nominated under section 16(2)(b)(iii) of that Act;
   
7. 
   on and from the relevant date, a person with a post-secondary qualification in youth, social or welfare work who works in the health, education or community or welfare services field and who is not referred to in paragraph (h);
   
8. 
   on and from the relevant date, a person employed under Part 3 of the Public Administration Act 2004 to perform the duties of a youth and child welfare worker;
   
9. 
   on and from the relevant date, a registered psychologist;
   
10. 
    on and from the relevant date, a youth justice officer;
    
11. 
    on and from the relevant date, a youth parole officer;
    
12. 
    on and from the relevant date, a member of a prescribed class of persons.
    

Therefore no change in reporting practice can be expected from this new legislative regime.