Mandatory reporting

The Child Protection Act 1999 requires certain professionals, referred to as 'mandatory reporters', to make a report to Child Safety, if they form a reasonable suspicion that a child has suffered, is suffering or is at an unacceptable risk of suffering significant harm caused by physical or sexual abuse, and may not have a parent able and willing to protect them.

Mandatory reporters should also report to Child Safety a reasonable suspicion that a child is in need of protection caused by any other form of abuse or neglect.

Under the Child Protection Act 1999, mandatory reporters are:

teachers
doctors
registered nurses
police officers with child protection responsibilities
a person performing a child advocate function under the Public Guardian Act 2014
early childhood education and care professionals.

Teachers include approved teachers under the Education (Queensland College of Teachers) Act 2005, employed at a school.

Doctors and nurses include those employed in both the public and private health sectors.

Child Safety employees and employees of licensed care services are mandated to report a reasonable suspicion that a child in care has suffered, is suffering or is at an unacceptable risk of suffering significant harm caused by physical or sexual abuse.

The department must provide notifiers from government or non-government agencies, which includes mandatory reporters, with information about the departmental response to child protection concerns reported. The notifier is to be asked whether they require feedback at the time of the initial contact with the department. If the notifier requests feedback the department must:

provide information about the departmental response, the rationale for the decision and the likely timeframes for any departmental contact with the child or family.
provide the feedback either at the time of the initial contact by the notifier, if the departmental response is apparent, or by a follow up phone call, facsimile, email or letter, once the information has been screened and the departmental response has been determined.

The Child Protection Act 1999, also mandates certain people to report a reasonable suspicion that a child in care has suffered, is suffering or is at an unacceptable risk of suffering, significant harm caused by physical or sexual abuse. People mandated to report a responsible suspicion about a child in care are:

Child Safety employees
employees of a departmental care service or licensed care service
employees of an entity mentioned in the Child Protection Act 1999 section 82(1)(f)
an approved foster or kinship carer.

Mandatory reporting by early childhood education and care professionals

Early childhood education and care (ECEC) professionals are mandated by law to report child safety concerns to the department, where there is a reasonable suspicion that the child has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse, and there is not a parent willing and able to protect the child from harm.

ECEC professionals include staff from family day care, kindergarten, limited-hours care, long day care and after-school hours care. Individuals who are volunteers or under 18 years of age are not mandatory reporters.

ECEC professionals are not prescribed entities and cannot refer families to Family and Child Connect or an intensive family support service without their consent. If concerns about a family do not meet the legislative threshold for reporting to the department, ECEC professionals are encouraged to refer families to support services, with their consent.

Information resources are provided below to assist mandatory reporters and other professionals in better understanding when and how to report their worries regarding children's safety and wellbeing. The resources include four short videos and a range of information sheets and resources which cover aspects of child protection and prevention.

Mandatory reporting by foster and kinship carers

Foster and kinship carers are mandated by law to report a reasonable suspicion that a child in care has suffered, is suffering or is at an unacceptable risk of suffering, significant harm caused by physical or sexual abuse.

Foster and kinship carers are required to report a reasonable suspicion about a child in care as soon as possible to the Child Safety Officer with case responsibility for the child or to the Child Safety After Hours Service Centre if outside business hours.

If the foster or kinship carer has formed a reasonable suspicion about a child in care but does not know the Child Safety Officer or Child Safety Service Centre which has case responsibility for the child, the carer is to report their suspicion to the Regional Intake Service (RIS) in their area.

All adults must report sexual offending against children to the police

In addition to the mandatory reporting requirements for certain professionals under the Child Protection Act 1999, it is an offence under the Criminal Code Act 1899 section 229BC (1)(a) for any adult not to report sexual offending against a child by another adult to police. This means all adults have the responsibility to report sexual offences against children to police—unless they have a “reasonable excuse” not to.

For this law, a child means a person under 16 or a person under 18 with an “impairment of the mind”. A child sexual offence is broadly defined and may include conduct such as fondling a child in a sexual manner, having the child touch a sexual body part, taking a sexual photograph of a child, or grooming a child or their parent or carer. “Reasonable excuse” includes if you have already reported your concerns to Child Safety, or you know another adult has or will report it.

For more detail about this offence see Failing to report sexual offences against children | Your rights, crime and the law | Queensland Government (www.qld.gov.au)