MANDATORY REPORTING
OF CHILD ABUSE

In June 1993, the Victorian Government introduced an amendment to the Childrens and Young Persons Act.  This amendment, known as the Children and Young Persons (Further Amendment) Act 1993, mandates certain professionals to report to Child Protection Victoria suspected cases of child physical and sexual abuse.  The mandated notifiers are:

• Doctors (including psychiatrists)
• Nurses
• Pre-school, primary school and secondary school teachers, including principals
• Qualified child-care workers
• Child-care proprietors
• Youth, social and welfare workers
• Police
• Probation officers
• Youth parole officers

These professionals are required to report when in the course of practising their profession they form the belief, based on reasonable grounds, that a child is in need of protection as a result of physical, sexual abuse or neglect.  The mandated professional must notify Child Protection Victoria of that belief and the reasonable grounds for it as soon as possible after forming the belief and/or after each occasion on which they become aware of any further reasonable grounds for that belief.

Why is Notifying Mandatory?

Notifying suspected child abuse is the first step in the process of determining whether the child has been abused and is in need of protection.  Therefore imposing a legal obligation to report suspected child abuse to Child Protection Victoria enables the best possible protection and help for the child and the child's family.

Mandatory reporting gives a clear message to the community that the crimes of child physical and sexual abuse will neither be tolerated nor accommodated by the professional community.  The community believes that children have a right to be safe.  This right can only be enacted if adults take responsibility to ensure childrens safety.

The prescribed penalty in the Act for mandated professional not reporting suspected child physical and sexual abuse is currently 10 penalty units.  This is equivalent to $1,000.  Mandatory reporting legislation is not intended to be primarily punitive.  However, in an instance of blatant failure to report a case where a child is grossly injured or killed, or when a disclosure of sexual abuse is ignored, proceedings may be brought against the individual by the Police.

Mandatory reporting will ensure that cases which may not have been previously dealt with are brought to the attention of Child Protection Victoria.

If you do not fit into the professional groupings above, then you are not legally obliged to report suspected child abuse.  However, all members of our community have a moral responsibility to respond to all forms of child abuse and neglect if they suspect that abuse is occurring.

What Do I Report?

By law, a suspicion of child abuse indicates that the notifier 'believes on reasonable grounds' that the child has been either physically or sexually abused and/or neglected.  Mandated professionals are currently obliged to report physical and sexual abuse.  However, they should recognise the potential seriousness of emotional abuse and neglect and also report these forms of abuse.

You have reasonable grounds to notify when:-

• A child tells you that they have been abused
• Someone else tells you, for example a sibling, relative, friend, neighbour or acquaintance of the child, that a child has been abused.
• A child tells you that they know someone who has been abused (the child could possibly be referring to themself).
• Your own observations of the child's physical condition and/or behaviour lead you to suspect that the child has suffered abuse.
• Other circumstances lead you to suspect that a child has been abused.

Notifiers do not have to prove that the abuse actually occurred in order to report.  The law does not require proof from notifiers, it specifically required reporting of suspected child abuse.

For specific details on how to make a notification follow the link to the Department of Human Services page.

RESPONDING TO DISCLOSURES

Some suggestions for responding to a child who discloses sexual abuse include:

• Listen to the child.
• Find a quiet place to talk.
• Stay calm, control your own feelings of shock and panic.
• Express your belief that the child is telling the truth.  In situations of abuse children rarely lie.  Believe what you are being told. 
• Tell the child that they are not to blame for what has happened and they are not in trouble.  Let the child know that you are glad they have to told. 
• Reassure the child that they have done the right thing by telling you.  Let the child know that you're glad they told you, give them credit for being courageous.
• Don't press the child or seek details beyond those that the child freely wants to tell you.  Your role is to listen, believe and support the child, not to conduct an investigation. 
• Don't make promises you can not keep, Such as promising the child that you will not tell anyone.  Remember that your duty is to protect the child from further abuse.  You have a moral obligation and possibly a legal obligation to report suspected child abuse.  Gently inform the child that you are required to tell specific people to stop the abuse and ensure the child's safety. 
• Follow agency / school protocol outlining procedures involved in reporting disclosures of abuse.  The agency / school is then required to notify the relevant Government Department - child protection. 
• It is important that you receive debriefing and support from your supervisor.  Consultation and support may also be available through external agencies and your local sexual assault service.