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

Stage 1: Legal doctrinal and historical analysis of legislative mandatory reporting duties in each Australian State and Territory

Stage 1 of the project conducted a legal doctrinal and historical analysis of legislative mandatory reporting duties in each of Australia’s eight States and Territories, and changes in those duties, over a decade. This part of the project identified which persons were mandated reporters, for which types of child abuse and neglect, in each jurisdiction, at 1 January 2003, and every change in the legislative reporting duties over the decade 2003-2012. This analysis enabled the research team to identify the nature and precise timing of significant changes in the mandatory reporting duties, and to identify at every point in time over the decade within each jurisdiction which persons were mandated reporters, and for which maltreatment types. It also enabled a comparative analysis across jurisdictions of which reporter groups were and were not mandated reporters, and for which maltreatment types.

This legal doctrinal and historical analysis provides the Victorian Government with information about differences across jurisdictions in the mandatory reporter groups, and the types of abuse and neglect they are required to report. It therefore identifies opportunities to harmonise the various statutory regimes in mandated reporter groups and types of maltreatment which these groups are required to report. However, decisions on whether, how, and to what extent to harmonise the statutory regimes require policy deliberations and decisions by various government departments.