Victoria's Mandatory Reporting Law: When Did It Begin?

Mandatory reporting is the legal requirement for certain professional groups to report a reasonable belief of child physical or sexual abuse to child protection authorities. In Victoria, under the Children, Youth and Families Act 2005, mandatory reporters must make a report to child protection if, in the course of practising their profession or carrying out their duties, they suspect that a child is in need of protection from physical injury or sexual abuse. The Victorian Government has expanded the categories of mandatory reporter groups, and in 2019, Victoria expanded its categories of mandatory reporter groups to include out-of-home care workers (excluding foster and kinship carers), early childhood workers, youth justice workers, and registered psychologists.

Who is mandated to report in Victoria?

In Victoria, mandatory reporters are required to report a reasonable belief of child physical or sexual abuse to child protection authorities. These mandatory reporters include:

• Registered medical practitioners
• Registered teachers and early childhood teachers
• Out-of-home care workers (excluding voluntary foster and kinship carers)
• Early childhood workers
• Youth justice workers
• Registered psychologists
• People in religious ministry
• School counsellors
• Nurses and midwives
• Doctors
• Police officers

These mandatory reporters are typically professionals who work with children and are therefore well-placed to detect cases, or suspected cases, of child abuse and neglect.

In the context of schools, mandatory reporters include:

• Victorian Institute of Teaching (VIT) registered teachers, including principals
• Staff who have been granted permission to teach by the VIT
• Registered doctors and nurses
• Registered psychologists
• School counsellors
• People in religious ministry

It is important to note that mandatory reporting laws require specified individuals to report known or suspected cases of child abuse and neglect to government authorities, with the aim of identifying cases and providing assistance to the affected children.

What are you required to do?

In Victoria, under the Children, Youth and Families Act 2005, mandatory reporters must make a report to Child Protection if, in the course of practising their profession or carrying out duties of their office, position or employment, they form a belief on reasonable grounds that a child is in need of protection from physical injury or sexual abuse.

Mandatory reporters include:

• Registered medical practitioners
• Registered teachers and early childhood teachers
• Out-of-home care workers (excluding voluntary foster and kinship carers)
• Early childhood workers
• Youth justice workers
• Registered psychologists
• People in religious ministry
• School counsellors
• Nurses, including midwives

If you are worried about a child’s wellbeing but do not believe they are in need of protection, you can refer to the below section on how to make a referral to Child FIRST or The Orange Door.

If you have a reasonable belief that a child has suffered or is likely to suffer significant harm as a result of physical and/or sexual abuse, and the child’s parents have not protected or are unlikely to protect the child from harm of that type, you must report this to Child Protection as soon as practicable. It may be a criminal offence not to report in these circumstances.

If you form a reasonable belief that another adult may have committed a sexual offence against a child under the age of 16, you must call Victoria Police on 000. Failure to disclose this information may be a criminal offence unless you have a ‘reasonable excuse’ or an exemption from doing so.

If you are a staff member in a position of authority and become aware that an adult associated with your organisation poses a risk of sexual abuse to a child in their care, you must take all reasonable steps to remove or reduce that risk. Failure to do so may be a criminal offence.

When do you have to report?

In Victoria, mandatory reporters must make a report to Child Protection as soon as practicable after forming their belief. They must also make a report each time they become aware of any further reasonable grounds for their belief.

Mandatory reporters include:

• Registered medical practitioners
• Registered teachers and early childhood teachers
• Out-of-home care workers (excluding voluntary foster and kinship carers)
• Early childhood workers
• Youth justice workers
• Registered psychologists
• People in religious ministry
• School counsellors

These professionals must make a report to Child Protection if, in the course of practising their profession or carrying out their duties, they form a belief on reasonable grounds that:

• A child has suffered, or is likely to suffer, significant harm as a result of physical and/or sexual abuse
• The child's parents have not protected, or are unlikely to protect, the child from harm

It is a criminal offence not to report these circumstances.

If there is any concern for a child's immediate safety, or if a child is partaking in any risk-taking activity that is illegal and extreme in nature or poses a high risk to the child or another person, school staff must contact Victoria Police.

School staff must also follow the Four Critical Actions as soon as they witness an incident, receive a disclosure, or form a reasonable belief that a child has been abused or is at risk of being abused. This includes reporting to Victoria Police or the Department of Families, Fairness and Housing (DFFH) Child Protection or referring to other services like Child FIRST/The Orange Door.

What is a belief on reasonable grounds?

In the context of mandatory reporting in Victoria, Australia, a "belief on reasonable grounds" refers to a situation where there is a reasonable belief that a child has suffered or is suffering from physical injury or sexual abuse. This belief must be based on more than a mere feeling or suspicion. It requires reliable information or evidence that would lead a reasonable person in the same position to hold the same belief.

For example, under the Children, Youth and Families Act 2005, mandatory reporters in Victoria, such as registered medical practitioners, teachers, and early childhood workers, are required to make a report to child protection authorities if they have reasonable grounds to believe that a child is in need of protection from physical injury or sexual abuse. This means that they must have information or evidence that would lead a reasonable person in their position to conclude that the child is at risk of harm.

In other contexts, "reasonable grounds" or "reasonable grounds to believe" is a legal term that refers to having a good reason to believe that someone has done something wrong or that a place is connected to a crime. This standard is important for law enforcement, as it sets the threshold for when an arrest or search can be made. It typically requires more than a mere suspicion but does not rise to the level of evidence required for a conviction.

In summary, a "belief on reasonable grounds" in the context of mandatory reporting in Victoria means having a reasonable belief, based on reliable information or evidence, that a child is in need of protection from physical injury or sexual abuse, such that a reasonable person in the same position would hold the same belief.

What will Child Protection do?

Child Protection will decide when follow-up is required and how to classify the report. This may mean providing advice to the reporter, progressing the matter to an investigation, referring the family to support services in the community, or taking no further action.

If Child Protection decides to investigate, they will gather information from relevant parties, including the child, their family, and the reporter. They may also speak to other professionals or agencies involved with the child. The goal is to understand the situation and assess the level of risk and the need for protection.

If the child is found to be in need of protection, Child Protection will work to ensure their safety and well-being. This could involve developing a safety plan, offering support services, and coordinating with other agencies to meet the child's needs. In some cases, legal action may be necessary to protect the child, such as removing them from an unsafe environment.

Throughout the process, Child Protection will consider the best interests of the child as the paramount concern. They will also provide support and guidance to the mandatory reporter, who may be feeling distressed or uncertain about their role in the process.

It is important to note that Child Protection's response will vary depending on the specific circumstances of each case. Their primary goal is to ensure the safety and well-being of the child while also providing support to the family and other professionals involved.

To make a report to Child Protection, contact the child protection intake service covering the local government area (LGA) where the child normally resides. Reports cannot be made via the department's website or email. For life-threatening concerns, contact Victoria Police by calling 000. For concerns about a child's immediate safety outside of normal business hours, contact the After Hours Child Protection Emergency Service on 13 12 78.

Frequently asked questions