South Australian Bills

[Index] [Search] [Download] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


STATUTES AMENDMENT (MANDATORY REPORTING) BILL 2018

South Australia

Statutes Amendment (Mandatory Reporting) Bill 2018

A BILL FOR

An Act to amend the Children and Young People (Safety) Act 2017


and the Criminal Law Consolidation Act 1935


.


Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


Part 2—Amendment of Children and Young People (Safety) Act 2017


4Amendment of section 31—Reporting of suspicion that child or young person may be at risk


Part 3—Amendment of Criminal Law Consolidation Act 1935


5Insertion of section 241A


241APriests to report certain child sex offences



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Mandatory Reporting) Act 2018.

2—Commencement

(1) Subject to subsection (2), this Act comes into operation when it is assented to by the Governor.

(2) Part 2 of this Act will come into operation—

(a) when it is assented to by the Governor; or

(b) immediately after the commencement of section 31 of the Children and Young People (Safety) Act 2017


,

whichever is the later.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Children and Young People (Safety) Act 2017

4—Amendment of section 31—Reporting of suspicion that child or young person may be at risk

Section 31—after subsection (2) insert:

(2a) Regulations made for the purposes of subsection (2)(c) must not extend to circumstances in which a priest or other minister of religion forms a suspicion based on information communicated in the course of a confession made in accordance with the rules and usages of the relevant religion.

Part 3—Amendment of Criminal Law Consolidation Act 1935

5—Insertion of section 241A

After section 241 insert:

241A—Priests to report certain child sex offences

(1) If a priest or other minister of religion forms a suspicion, in the course of carrying out their duties (including in the course of a confession made in accordance with the rules and usages of the relevant religion) that a person has committed a prescribed child sex offence, the priest or minster must notify a police officer of that suspicion as soon as practicable after forming the suspicion.

Maximum penalty: Imprisonment for 5 years.

(2) In this section—

prescribed child sex offence means—

(a) an offence against a following provision of the Act where the victim of the offence is a child:

(i) section 11 (murder);

(ii) a provision of Part 3 Division 11 (rape and other sexual offences) other than an offence against section 51(2), 58 or 61;

(iii) section 68 (use of children in commercial sexual services);

(iv) section 72 (incest); or

(b) an offence against Part 3 Division 11A (child exploitation material and related offences).

 


[Index] [Search] [Download] [Help]