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.
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.
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:
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.
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.
A report is when a person contacts DoCS with a concern for the safety, welfare and wellbeing of a child or young person.
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.
Current concerns about a child over:
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).
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.
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.
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.
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.
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.