Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if—
(a) the person is a mandated reporter; and
(b) the person is an adult; and
(c) the person believes on reasonable grounds that a child or young person has experienced, or is experiencing—
(i) sexual abuse; or
(ii) non-accidental physical injury; and
(d) the person's reasons for the belief arise from information obtained by the person during the course of, or because of, the person's work (whether paid or unpaid); and
(e) the person does not, as soon as practicable after forming the belief, report (a mandatory report ) to the director-general—
(i) the child's or young person's name or description; and
(ii) the reasons for the person's belief.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Note 1 A person who gives information honestly and without recklessness under this section does not breach professional ethics and is protected from civil liability (see s 874).
Note 2 Giving false or misleading information to the director-general is an offence (see Criminal Code
, s 338).
(2) A person who is or was a member of the clergy of a church or religious denomination is not entitled to refuse to make a mandatory report because it contains information communicated to the member during a religious confession.
(3) In this section:
"education and care service"—see the Education and Care Services National Law (ACT) , section 5.
"educator"—
(a) means an educator within the meaning of the Education and Care Services National Law (ACT) , section 5; but
(b) does not include an educator in a family day care service.
"family day care co-ordinator"—see the Education and Care Services National Law (ACT) , section 5.
"family day care service"—see the Education and Care Services National Law (ACT) , section 5.
Note The Education and Care Services National Law (ACT) Act 2011
, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010
(Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT) .
"mandated reporter"—each of the following people is a mandated reporter :
(a) a doctor;
(b) a dentist;
(c) a nurse;
(d) an enrolled nurse;
(e) a midwife;
Note Doctor , dentist , nurse, enrolled nurse and midwife are defined in the Legislation Act
, dict, pt 1.
(f) a psychologist;
(g) a teacher at a school;
(h) a person authorised to inspect education programs, materials or other records used for home education of a child or young person under the Education Act 2004
;
(i) a police officer;
(j) a person employed to counsel children or young people at a school;
(k) a person caring for a child at a childcare centre;
(l) a family day care co-ordinator;
(m) an educator;
(n) an education and care service provider;
(o) a public servant who, in the course of employment as a public servant, works with, or provides services personally to, children and young people or families;
(p) the public advocate;
(q) the Aboriginal and Torres Strait Islander children and young people commissioner;
(r) an official visitor;
(s) a minister of religion, religious leader or member of the clergy of a church or religious denomination;
(t) a person who, in the course of the person's employment, has contact with or provides services to children, young people and their families and is prescribed by regulation.
"person caring for a child at a childcare centre "includes a childcare assistant or aide caring for a child at the childcare centre if the assistant or aide is in paid employment at the childcare centre, but does not include anyone caring for a child as an unpaid volunteer.
"psychologist "means a person registered under the Health Practitioner Regulation National Law (ACT)
to practise in the psychology profession (other than as a student).
"religious confession" means a confession made by a person to a member of the clergy in the member's professional capacity according to the ritual of the member's church or religious denomination.
"teacher", at a school, includes a teacher's assistant or aide if the assistant or aide is in paid employment at the school.