Understanding mandatory reporting is essential for anyone working with children or young people in New South Wales (NSW). Mandatory reporting laws require certain professionals—known as mandatory reporters—to notify child protection authorities if they suspect a child or young person is at risk of significant harm.
This guide explains the legal requirements, reporting process, and local resources available to support you in fulfilling your obligations.
Legislative Framework for Mandatory Reporting in NSW
Mandatory reporting in New South Wales (NSW) is a legal requirement that compels certain professionals to report suspected cases of child abuse or neglect to authorities. This obligation aims to protect vulnerable children by ensuring that concerns regarding their safety are promptly addressed.
Mandatory reporting is governed by specific legislation designed to protect the welfare of vulnerable children and young people.
Mandatory reporting laws apply to a range of professional groups, including teachers, early childhood workers, health practitioners, police officers, and others who work with children. If you have reasonable grounds to suspect that a child or young person aged 0 to 15 years is at risk of significant harm, you must make a report to the Department of Communities and Justice (DCJ) or, in urgent cases, to the police.
Mandatory reporting exists to protect children from physical abuse, sexual abuse, emotional abuse, neglect, and exposure to family violence or substance abuse. The law does not require you to have proof—only a reasonable belief or suspicion based on your observations or professional judgement.
Two key pieces of legislation outline the responsibilities of various professionals in reporting suspected child abuse and neglect:
Commonwealth Legislation
The Family Law Act 1975 (Cth) establishes mandatory reporting obligations for:
- Family Court of Australia personnel
- Federal Circuit Court of Australia staff
- Family Court of Western Australia personnel
- Designated family law practitioners
Under Section 67ZA(1) and (2), these individuals must notify prescribed child welfare authorities when they have reasonable grounds to suspect child abuse or risk thereof.
Children and Young Persons (Care and Protection) Act 1998
The Children and Young Persons (Care and Protection) Act 1998 requires certain professionals, known as mandatory reporters, to report suspected cases of child abuse or neglect to the relevant authorities.
Under Section 27 of the Child Protection Act, the following persons are mandatory reporters in NSW:
- Health Care Professionals
- Registered medical practitioners
- Registered nurses
- Registered midwives
- Specialists providing mental health services
- Speech pathologists
- Education Personnel
- Teachers
- Early childhood education workers
- School principals
- School counselors
- Children’s Services
- Child care workers
- Youth workers
- Residential care workers
- Law Enforcement
- Police officers
- Juvenile justice officers
- Other Professionals
- Registered psychologists
- Social workers
- A person in religious ministry
- A person providing religious-based activities to children
If your role involves caring for, supervising, or providing services to children or young people, you are likely a mandatory reporter. Non-government agencies and community services often have internal policies that mirror these legal requirements.
For teachers and school staff, understanding teacher injury compensation is also important, as workplace incidents may intersect with child protection obligations.
Education and Care Services National Law (NSW)
The Education and Care Services National Law (NSW) mandates that early childhood education and care services comply with national regulations, including the obligation to report any suspicions of child abuse or neglect.
Under this law, services must have clear policies and procedures for reporting. They must also train staff to understand their responsibilities and the processes involved in making a report.
Failure to comply with these reporting obligations can lead to serious consequences for individuals and services, including potential penalties. This framework enhances the protection of children in educational settings, ensuring a safer environment for their development.
GET HELP NOW WITH YOUR PERSONAL INJURY
Get in touch with our Personal Injury Compensation team
What Constitutes ‘Risk of Significant Harm’?
“Risk of significant harm” means there are reasonable grounds to suspect that a child or young person is at risk of suffering physical, sexual, emotional, or psychological harm, or neglect, that is serious enough to warrant intervention. Examples of significant harm include:
- Basic physical or psychological needs are not being met
- Necessary medical care has not been arranged
- Child sexual abuse or physical abuse has occurred or is likely
- Domestic violence exposure affects care
- Serious psychological harm is evident
- The child was subject to a prenatal report, and the birth mother lacks support
Roles and Responsibilities in Mandatory Reporting
Mandatory reporting in New South Wales (NSW) involves clear roles and responsibilities for various individuals and organisations. Under NSW legislation, mandatory reporters must make a report when they have:
- Reasonable grounds to suspect a child (under 16) is at “risk of significant harm” (ROSH)
- Grounds arise during the course of their work
- Current concerns for the child’s safety, welfare, or well-being
Mandatory Reporters
Mandatory reporters must understand their specific obligations under the law. Key mandatory reporting requirements include:
- Mandatory reporters should report any reasonable belief of child physical or sexual abuse to child protection authorities.
- Mandatory reporters should report even if they are unsure of the information’s accuracy.
- Mandatory reporters should make a report to child protection as soon as practicable after forming the belief.
- Mandatory reporters should report each time they become aware of further reasonable grounds for their belief.
Training and awareness about the signs of abuse are critical components of a mandatory reporter’s responsibilities, and they should remain informed about updates in legislation and guidelines related to child protection.
Reporting Process
The reporting process involves several steps to ensure that concerns are addressed promptly and appropriately. When a mandatory reporter identifies potential abuse, they must gather relevant information to support their concerns.
Reports can be made to the NSW Department of Communities and Justice (DCJ) via a phone call or online submission. It is crucial for reporters to provide specific details, such as the child’s identity, the nature of the abuse, and any relevant circumstances.
Once a report is submitted, the DCJ assesses the situation and determines the appropriate course of action. This may include investigations or support services for the family. Timeliness in reporting is essential, as delays can affect a child’s safety.
Confidentiality
Reports made are confidential and the reporter’s identity is generally protected by law. A number of protections are offered to a person who makes a report in good faith, including protection from breach of professional misconduct, defamation, civil and criminal liability, retribution, and protection from being compelled by a court to provide the contents of the report. There is also a public interest against disclosure of the report under the Government Information (Public Access) Act 2009.
However, NSW Police may be allowed access to the identity of the reporter, if it is needed in connection with the investigation of a serious offence against a child or young person. The reporter must be informed that their identity is being released, unless informing them would prejudice the investigation.
Employer Obligations
Employers play a significant role in the mandatory reporting framework, as they are responsible for ensuring that employees understand their obligations and have the resources to fulfil them.
Employers must implement training programs to make staff aware of the signs of child abuse and the reporting process. Creating a supportive workplace environment encourages staff to discuss concerns without fear of retribution.
Additionally, employers should establish clear policies outlining the steps to be taken when abuse of a young person is suspected. Regular reviews of these policies ensure compliance with current legislation, promoting a culture of accountability and safety within organisations.
Key Takeaways
- Mandatory reporting in NSW requires certain professionals to report suspected child abuse or neglect to protect children from harm.
- Key mandatory reporters include teachers, health practitioners, police officers, and early childhood workers.
- 'Risk of significant harm' refers to situations where a child may suffer serious physical, emotional, or psychological harm.
- Types of abuse requiring reporting include physical, sexual, emotional abuse, neglect, family violence, and substance abuse.
- The reporting process involves gathering information, consulting the Mandatory Reporter Guide, and contacting the Department of Communities and Justice or police.
- Reporters are legally protected when reporting in good faith, but failing to report can lead to penalties.
Looking for Further Advice?
Understanding mandatory reporting in NSW is essential for protecting children and young people from harm. By recognising the signs of abuse and neglect, knowing your legal obligations, and following the correct reporting process, you can help ensure the safety and well-being of children in Newcastle and across NSW.
If you have questions or need legal advice about mandatory reporting, contact Burke Mead Lawyers for personalised support.
About the Author
Emma Mead
Emma Mead is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She specialises in all personal injury, locally and across New South Wales.
Note: This document provides a general overview of mandatory reporting laws. Specific requirements may vary by jurisdiction. Professionals should consult current legislation and organisational policies in their jurisdiction for detailed guidance.
