AISV - Compliance Framework, Child protection / mandatory reporting

Obligations under the Children and Young Person's Act 1989 (Vic.).

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Child protection / mandatory reporting

AISV Compliance Framework

Child protection / mandatory reporting

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Do you need to comply?

Yes - schools have a responsibility in the prevention and reporting of child abuse and neglect under the Children, Youth and Families Act 2005 (Vic.).

Conditions of compliance

Under sections 28 and 31 of the Children, Youth and Families Act 2005 (Vic.), any person may make a report to the Department of Human Services or to family services such as Child FIRST and Child Protection. However, section 182 of the Act lists those professionals who are obliged to notify protective services if they form a belief, based on reasonable grounds, that a child has suffered, or is likely to suffer significant harm as a result of physical injury or sexual abuse, or if the child’s parents or guardians have not protected or are unlikely to protect the child from harm of that type.

Professionals who are legally required to report child physical and sexual abuse are:

registered principals and teachers
registered medical practitioners
registered nurses
members of the police force.

If you have to comply, what do you have to do?

A key feature of the Act is that mandated notifiers are able to share information, without legal or professional consequences, with family services such as Child FIRST and Child Protection to help protect vulnerable children.

Principals and teachers can share information and make a referral to Child FIRST when they have significant concern for a child’s wellbeing, but do not believe that the child needs protection.
If a reasonable belief is formed that a child is in need of protection, then the teacher or principal that formed the belief must make a report to Child Protection.
It is mandatory for registered teachers in Victoria to notify Child Protection if they form the belief that a child has been physically or sexually abused.

Additionally, Child FIRST and Child Protection can now consult Victorian teachers and principals when they are deciding how best to respond to a referral or a report they have received. The legislation allows you to share relevant information with family services about a vulnerable child without needing to be concerned about legal or professional consequences, provided you do so in good faith. However, any information you provide should be directly related to your concerns about the child and not based on second-hand information.

As a mandated notifier:

You are not legally required to notify Child FIRST or Child Protection if you form a reasonable belief that a child is need of protection in your private life or when you are working in a capacity that is not directly related to the professional affiliation under which you are mandated.
If you believe in good faith that a child is in need of protection, then you must make a report without delay. Seeking assistance or advice should not hold-up the reporting process. Furthermore, you should attempt to file the report on the same day as the belief is formed.
you are required to notify Department of Human Services each time you become aware of any further reasonable grounds for your belief.
you do not have to be able to prove that the child has been abused to notify The Department of Human Services.
where possible, you should seek consent from the child or the child’s parents or guardians before sending your report to Child FIRST or Child Protection. However, consent should not be sought if you believe that it will put you or the child at risk.
it is your responsibility to report your belief – it is not the responsibility of your supervisor, principal, senior, or boss.
if your principal does not share your belief that a child or young person is in need of protection, you must still notify The Department of Human Services of your belief. However, it is recommended that you inform you principal that you have made a report.
if you are one of a group of mandated notifiers who share the belief, based on reasonable grounds, that a child or young person is in need of protection from physical or sexual abuse, then only one mandated notifier needs to make the report. However, you must be satisfied that the report is made promptly and that all of the reasonable grounds are included in the notification.

As a mandated notifier you are both legally and professionally protected. That means that you cannot be successfully sued or subjected to any legal liability, nor can you be disciplined for unprofessional conduct by your professional body.

Under the Children, Youth and Families Act 2005 (Vic.), your identity as a notifier remains confidential unless:

you choose to inform the child and/or the child’s parents or guardians of the notification yourself
you consent in writing to your identity as the notifier being disclosed by family services
the court decides that it needs the information provided in your report in order to ensure the safety and wellbeing of the child
the court decides that it is satisfied that the interests of justice require that the evidence be given.

For courts to order disclosure of a notifier’s identity requires exceptional circumstances and in not normal practise.

What are the consequences if you don't comply?

If you are a mandated notifier, failure to notify your belief, when you have reasonable grounds, is an offence under the Children, Youth and Families Act 2005 (Vic.) and can lead to criminal prosecution.

Although only mandated notifiers have a legal responsibility to report physical and sexual abuse, everyone has a moral responsibility to report all types of known or possible child abuse.

Who will help you?

AISV contact:

Sue Nilsen
Student Services Manager
Ph. 03 9825 7203
Sue.nilsen@ais.vic.edu.au

Click here to go to the AISV website's "Reporting child abuse and neglect" page

Click here to download a summary of the DHS every child every chance initiative (PDF 80KB)