Reporting incidents
Under child protection legislation, some people are legally required to report concerns they have about the safety, welfare and wellbeing of a child.
The following information explains who is a mandatory notifier under the Children and Young Person's (Care and Protection) Act 1998, and when they must report a risk of harm.
- What is the legislation?
- Basic principles
- Am I a mandatory notifier?
- What is a mandatory notifier?
- What is a report?
- When should I make a report?
- What is Risk of Harm?
- What do they mean by current concerns?
- How do I make a report?
- What information do I need to give?
- What will DoCS do after I make a report?
- What about feedback?
- Is my report confidential?
What is the legislation?
The Children and Young Persons (Care and Protection) Act 1998 has changed the way we work with children. It emphasises the care of children is a responsibility shared by families, government and communities working in partnership.
Basic principles
The Act defines a child as anyone under 16 years of age and a young person as a person aged 16 or 17 years of age.
New principles guide the interaction with children:
- Minimise intrusive intervention
- Encourage respect for the identity and experiences of children
- Ensure the safety, welfare and wellbeing of children at all times
Am I a mandatory notifier?
A mandatory notifier is any person who delivers services to children as part of their paid work. You are also a mandatory notifier if you hold a management position in any of these services and your duties include direct responsibility for, or direct supervision of, the provision of these services.
What is a mandatory notifier?
A mandatory notifier is required by law to make a report to the Department of Community Services (DoCS) if they have current concerns about the safety, welfare or wellbeing of a child. A child is a person under 16 years of age. There are penalties for failing to make a report.
What is a report?
A report is when a person contacts DoCS with a concern for the safety, welfare and wellbeing of a child or young person.
When should I make a report?
If you suspect a child is at Risk of Harm (ie you have current concerns about the child). You don't need to be certain, you only need to make sure that your concerns are well founded and based on information you know or have from a reliable source. If you are unsure it's best to contact DoCS for advice.
What is Risk of Harm?
Current concerns about a child over:
- Basic physical or psychological needs are not being met (neglect)
- Parents or care givers have not arranged necessary medical care (unable or unwilling to do so)
- At risk of serious physical or psychological harm (domestic violence)
- At risk of being physically or sexually abused
What do they mean by current concerns?
At the time of making the report, you were concerned about the safety, welfare or wellbeing of the child or young person. This includes concerns about physical and psychological safety. It may also include a situation where there is a disclosure about what may have happened to the child in the past (eg sexual abuse).
How do I make a report?
Mandatory notifiers should call the DoCS Helpline on 13 36 27. This gives priority access to the Child Protection assessment team and a caseworker.
Members of the general public should call 132 111.
What information do I need to give?
The details on our Child Protection Notification form, which should be kept by the person making the report in a secure manner.
The caseworker may ask some questions about the child.
What will DoCS do after I make a report?
DoCS will make an assessment and determination as to the actual risk of harm and the appropriate action to take. Further investigation and assessment may be required eg talking to the child or family. As a reporter you will be informed about the type of action that will be taken, based on your report.
What about feedback?
The new laws allow for feedback and an exchange of information relating to the welfare of children and young people. Mandatory reporters are supposed to be advised in writing and DoCS may wish to contact you again.
Is my report confidential?
Your report is confidential and the Act provides protection for reporters. The identity of the reporter cannot be disclosed to anyone without the reporter's consent or unless directed by a magistrate or judge during a court proceeding.
Useful links
Related sections
- Working With Children Check - The Working with Children Check is about looking at a person's suitability to work with children.
- Background Checking - We can help you to comply with the new child protection legislation
Other websites
- NSW Commission for Children and Young People - The CCYP is concerned with children's safety, welfare and wellbeing, and is responsible for administering the Working With Children Check.
- NSW Department of Community Services - Protecting the welfare of children is one of DoCS' most important tasks. If you're concerned for the safety, welfare and wellbeing of a child or young person you can make a report to the DoCS Helpline (phone 132 111).
- NSW Interagency Guidelines for Child Protection Intervention 2006 - These guidelines provide practical guidance for agencies to work together effectively to help children, young people and their families.
- National Association for Prevention of Child Abuse & Neglect - This volunteer organisation's web site has comprehensive information and resources on preventing child abuse and neglect.
- Department of Family and Community Services - This Federal Government department manages a range of family and community services. They have funded Choose with Care, a child protection education and training program designed to help deter, minimise and remove opportunities for abuse in organisations and programs that work with children.
- NSW Ombudsman - The NSW Ombudsman is now responsible for overseeing and monitoring the handling of child abuse allegations and convictions against employees of certain government and non-government agencies.
