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

Children’s Protection Act 1993

In South Australia at 1 January 2003, the Children’s Protection Act 1993 (SA) s 11(1) imposed a broad range of mandatory reporting duties for all four classical forms of abuse and neglect. ‘Abuse or neglect’ was defined in s 6(1) to include:

1. 
   sexual abuse; or
   
2. 
   physical or emotional abuse, or neglect, to the extent that:
   

1. 
   the child has suffered, or is likely to suffer, physical or psychological injury detrimental to the child’s wellbeing; or
   
2. 
   the child’s physical or psychological development is in jeopardy
   

Therefore, there was a significance threshold for all types of abuse/neglect other than sexual abuse. Section 11(1)(a) imposed the reporting duty on a designated person who ‘suspects on reasonable grounds that a child has been or is being abused or neglected’. In addition, s 10 included within the concept of ‘abuse or neglect’ ‘a reasonable likelihood, in terms of s 6(2)(b), of the child being killed, injured, abused or neglected by a person with whom the child resides’.³⁶ Therefore, there was also a qualified duty to report suspected risk of future abuse/neglect.

Section 11(1) imposed the duty when the suspicion was formed in the course of the person’s work (whether paid or voluntary) or of carrying out official duties. Immunity was conferred by s 12. Confidentiality was conferred by s 13. The penalty for noncompliance was $2500.

Section 11(2) imposed the duty on a broad range of professionals:

(a) medical practitioners

(ab) pharmacists

(b) registered or enrolled nurses

(c) dentists

(d) psychologists

(e) police

(f) community corrections officers

(g) social workers

(h) teachers in any educational institution including a kindergarten

(i) approved family day care providers

(j) employees and volunteers in government departments or local government or non- government agencies providing health, welfare, education, child care or residential services wholly or partly for children, whether being a person who;

1. 
   is engaged in actual delivery of those services; or
   
2. 
   holds a management position.
   

1.5.5.2. Key changes, 2013-12: South Australia

There have been no substantial, significant changes to the legislation from 2003 to 2012.³⁷ However, some changes have occurred which may influence reporting practice, especially the addition of new mandated reporter groups.