Increased penalty, and new mandated reporters from religious organisations, and sporting or recreational organisations (commencing 31/12/2006)
The Children’s Protection (Miscellaneous) Amendment Act 2005 (SA) (No 76) s 10(1) increased the penalty to $10,000. It may be expected that this may produce more defensive reporting from 2007 onwards, but data analysis will indicate whether or not this appears to have occurred.
The Children’s Protection (Miscellaneous) Amendment Act 2005 s 10(2) also added new categories of mandated reporters as follows:
However, a limit was placed on clergy’s mandated reporting duty by the 2005 Act s 10(5) inserting a new s 11(4) as follows:
(4) This section does not require a priest or other minister of religion to divulge information communicated in the course of a confession made in accordance with the rules and usages of the relevant religion.
In addition, s 10(4) added to s 11(2)(j) ‘sporting or recreational’ organisations to the list of services included in the mandatory reporting organisations.
These changes may be expected to produce an increase in reports from these groups of professionals.
1.5.5.3. Current position: South Australia
The duty applies to report reasonable suspicions of all forms of abuse and neglect (but not exposure to domestic violence) with a significance threshold applied to all forms except sexual abuse, requiring the child to have suffered, or to be likely to suffer, physical or psychological injury detrimental to the child’s wellbeing; or to the extent that the child’s physical or psychological development is in jeopardy. The duty is applied to a very broad range of persons. There is a somewhat limited duty to report suspected risk of future abuse and neglect. Immunity is conferred by s 12. Confidentiality is conferred by s 13. The penalty is $10,000.
