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FACT SHEET
Mandatory Reporting Victoria
In 2010 -2011 there were 55,718 notification s of child abuse in Victoria, 12,979 were investigated and 7,643 cases were
substantiated. Numbers of notifications have increased consistently but the number of investigations and substantiations
have remained stable. 1 Police and teachers are the most frequent notifiers.
Number of notifications, substantiations of notifications and number of children who were the subject of a notification
and/or substantiation of a notification, 201011, states and territories
Mandatory reporting was first introduced in Victoria in 1993 by amending the Children and Young Persons Act 1989
(amendment Section 64 (1A)). The impetus for the introduction of mandatory reporting was the violent death of an
infant child at the hands of his stepfather, who was later convicted for murder. The child was known to many child and
family welfare professionals but his death was not prevented.
The amendment to the Act mandated teachers, doctors, nurses and police to report suspected cases of physical or
sexual abuse of children.
A new Act, The Children Youth and Families Act 2005 (Vic) provided for the same and additional professional categories
of professionals to be mandated to report physical and sexual abuse. However some professionals while recognised in
the Act as mandatory reporters have not been made operational (or gazetted). This requires an order by Governor in
Council.2
registered nurses,
a person registered as a teacher under the Education Training and Reform Act 2006 or teachers
granted permission to teach under that Act,
Australian Institute of Health and Welfare Child Protection Australia 2010-2011 Child Welfare Series No 53. Australian Institute of Health and Welfare accessed on 22 February ,
http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=10737421014, p 11.
Children, Youth and Families Act 2005 viewed on 22 February 2012 at http://www.austlii.edu.au/au/legis/vic/consol_act/cyafa2005252/ S 182
Centre for Excellence in Child and Family Welfare
Level 5, 50 Market Street, Melbourne, Victoria 3000 Australia
Telephone +61 3 9614 1577 Facsimile +61 3 9614 1774
www.cfecfw.asn.au
These professionals are required to report where they have a belief on reasonable grounds that a child is in need of
protection on a ground referred to in Section 162 (c) or 162 d), formed in the course of practising his or her office,
position or employment.4
If all occupations named in the Act were gazetted, the following occupations would be required to report
proprietors and persons with a post-secondary qualification in the care education or minding of
children employed by a childrens service to which the Childrens Services Act 1996 applies,
a person employed under part 3 of the Public Administration Act 2004 to perform the duties of a
youth and child welfare worker,
a registered psychologist,
If Mandatory reporting is required of those named in the Act but not yet proclaimed about 26, 280 additional
professionals will be required to report.
Some submissions to the Protecting Victorias Vulnerable Children Inquiry suggested that mandatory reporting should
required of priests, ministers and church workers.
If priests ministers and church workers are to be mandated approximately 6000 additional persons will be required to
report.
The expansion of mandatory reporting to gazetted professionals is estimated to cost approximately an additional $80
million per year. 6
Mandatory reporting requirements tend to increase the community's awareness of child abuse and therefore results in a
substantial increase in the number of reports being made to child protection departments. 7
Some child protection departments have increased the threshold or level of seriousness to cope with the increase in
numbers of reports. For example, in 2010 in New South Wales the threshold for child maltreatment changed from risk
of harm to risk of significant harm. 8
Key Contact:
Children, Youth and Families Act 2005 viewed on 22 February 2012 at http://www.austlii.edu.au/au/legis/vic/consol_act/cyafa2005252/ S 182 a-e
Children, Youth and Families Act 2005 viewed on 22 February 2012 at http://www.austlii.edu.au/au/legis/vic/consol_act/cyafa2005252/ S 184
Children, Youth and Families Act 2005 viewed on 22 February 2012 at http://www.austlii.edu.au/au/legis/vic/consol_act/cyafa2005252/ S 182 f-l
6
State Government of Victoria State Budget accessed on 22 February 2012, http://www.budget.vic.gov.au/CA25783300199E40/WebObj/BP3Ch3DHS/$File/BP3Ch3DHS.pdf PP 221-224
7
Australian Institute of Family Studies . Mandatory reporting of child abuse compiled by Daryl Higgins, Leah Bromfield, Nick Richardson, Prue Holzer and Claire Berlyn Australian Institute of Family Studies
ISSN 1448-9112 (Online) accessed from Cuhttp://www.aifs.gov.au/nch/pubs/sheets/rs3/rs3.html on 2 February 2012
4
5
Australian Institute of Family Studies . Mandatory reporting of child abuse Compiled by Daryl Higgins, Leah Bromfield, Nick Richardson, Prue Holzer and Claire Berlyn Australian Institute of Family Studies