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Mandatory reporting
A mandatory reporter is someone who is required by law to make a report to the Department of Community Services (DoCS) or Police if they have concerns about the safety, welfare or well-being of a child.
Mandatory reporters are workers who deliver the following services to children as part of their work (although the laws covering mandatory reporting vary between states):
 Health care (e.g. doctors, psychologists)
Welfare (e.g. social workers, youth workers)
Education (e.g. teachers, lecturers)
Children’s services (e.g.childcare workers, family day carers and home-based carers)
Residential services (e.g. refuge workers)
Law enforcement (e.g. police)
A mandatory reporter is also a person who holds a management position, either paid or voluntary, in any of the above services and whose duties include direct responsibility for, or direct supervision of, the provision of these services.
Mandatory Reporting Laws
From: Child Protection Australia 2002-2003: Australian Institute of Health and Welfare. (Child Welfare Series No. 34), 2004 ISSN 1320-1801X; ISBN 1 74024 3587
New South Wales
Since 1997 medical practitioners have been required by law to report physical and sexual abuse. This was expanded under the Children (Care and Protection) Act 1987 to encompass who is to report and what needed to be reported. As from 18 December 2000 the category of mandatory reporting was changed to anyone who:
(a) in the course of his or her professional work or other paid employment delivers health care, welfare, education, children's services, residential services or law enforcement wholly or partly to children under the age of 16 years.
(b) holds a management position in an organisation the duties of which include direct responsibility for or direct supervision of a person referred to in (a), and that person has reasonable grounds (that arise as a consequence of their employment) to suspect that a child is at risk of harm.
Since 1998 agencies have also been required to report allegations about or convictions for child abuse against a person doing work for the agency, together with information on the action being taken by the agency, to the Ombudsman.
These statutory obligations are supplemented and supported by Interagency Guidelines detailing each agency's role, responsibilities and actions required in all aspects of child protection intervention and the policies, procedures and directions of individual agencies on how to respond to child care and protection matters.
Victoria
In 1993 the Victorian Government proposed legislative changes to the Children and Young Persons Act 1989 which would mandate specific professional groups to notify suspected cases of child physical and sexual abuse. Doctors, nurses and police were mandated on 4 November 1993 to report child physical and sexual abuse. Primary and secondary school teachers and principals were mandated on 18 July 1994.
Queensland
Under the Health Act 1937, medical practitioners are required by law to notify all cases of suspected maltreatment of a child. Education Queensland policy requires school principals to report suspected child abuse and neglect to the appropriate authorities and requires teachers to report through principals; however, this is not legislated. The Child Protection Act 1999 requires that officers of the Department of Families and employees of licensed care services report when they suspect harm to children placed in residential care.
Under the Commission for Children and Young People Act 2000, the Commissioner for Children and Young People must refer matters where a child may be in need of protection under the Child Protection Act 1999 to the chief executive of the Department of Families or the Police Commissioner.
Western Australia
In Western Australia, referrals about possible harm to children are facilitated by a series of reciprocal protocols that have been negotiated with key government and non-government agencies, rather than by mandatory reporting. Community awareness programs and education of professional groups also contribute to identification of possible maltreatment, and action to prevent further harm from occurring.
South Australia
Under the Children's Protection Act 1993, the following persons are required to notify the Department of Human Services (Family and Youth Services) when they suspect on reasonable grounds that a child is being abused or neglected: medical practitioners; nurses; dentists; pharmacists; psychologists; police; probation officers; social workers; teachers; family day care providers; and employees of, or volunteers in, government departments, agencies or local government or non-government agencies that provide health, welfare, education, childcare or residential services wholly or partly for children.
Tasmania
In Tasmania, the Children, Young Persons and Their Families Act 1997 emphasises that everyone in the community has a responsibility for making sure children are safe and protected. The following list of 'prescribed persons' are mandatory reporters under the Act: registered medical practitioners; nurses; dentists; police officers; psychologists; departmental employees within the Police Regulation Act 1898; probation officers; school principals and teachers; persons who manage childcare services or provide childcare for a fee or reward; and in general people employed, or who are volunteers in, government agencies or organisations funded by the Crown that provide health, welfare, education, or care wholly or partly for children.
Australian Capital Territory
Mandatory reporting was introduced on 1 June 1997. The groups mandated are doctors, dentists, nurses, police officers, teachers, school counsellors, public servants working in the child welfare field and licensed childcare providers. These groups are mandated to report physical and sexual abuse, although other forms of child maltreatment are also discussed in training sessions.
Northern Territory
It is mandatory for any person who believes a child is being, or has been, abused or neglected to notify a Family and Children's Services office or police station.
ASCA suports the mandatory reporting of all suspected cases of child abuse and neglect and supports the introduction of uniform laws Australia-wide.
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