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This is a Bill, not an Act. For current law, see the Acts databases.
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 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
241APriests to
report certain child sex offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Mandatory Reporting)
Act 2018.
(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.
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
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).