Queensland Consolidated Acts

EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 365

365 Obligation to report sexual abuse of person under 18 years at State school

(1) Subsection (2) applies if a staff member of a State school (the
"first person" ) becomes aware, or reasonably suspects, in the course of the staff member’s employment at the school, that any of the following has been sexually abused by another person—

(a) a student under 18 years attending the school;

(b) a kindergarten age child registered in—

(i) a kindergarten learning program at the school; or

(ii) a distance education kindergarten learning program at the school;

(c) a person with a disability who—

(i) under section 420 (2) , is being provided with special education at the school; and

(ii) is not enrolled in the preparatory year at the school.

(2) The first person must give a written report about the abuse, or suspected abuse, to the school’s principal or the principal’s supervisor—

(a) immediately; and

(b) if a regulation is in force under subsection (3) , as provided under the regulation.

Penalty—

Maximum penalty—20 penalty units.

(2A) However, if the first person is the school’s principal, the principal must give a written report about the abuse, or suspected abuse, to a police officer—

(a) immediately; and

(b) if a regulation is in force under subsection (3) , as provided under the regulation.

Penalty—

Maximum penalty—20 penalty units.

(3) A regulation may prescribe the particulars the report must include.

(4) A State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer.

Penalty—

Maximum penalty—20 penalty units.

(4A) Subsection (5) applies if the report is about abuse by an employee of a State school.

(5) The principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the
"chief executive’s nominee" ).

Penalty—

Maximum penalty—20 penalty units.

(6) A person who makes a report under subsection (2) or (2A) , or gives a copy of a report under subsection (4) or (5) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else.

(7) Without limiting subsection (6) —

(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b) if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information.