Understanding your staff responsibility to report child harm or abuse

Safety, security and wellbeing

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We all have a responsibility as University staff and volunteers to protect children and young people (anyone under 18) from harm or abuse and provide safe physical and online environments. This may include reporting concerns of harm when reasonably suspected to government authorities.

The University of Tasmania acknowledges that children and young people are part of the University community as students, residents, visitors, and through the University’s activities in learning and teaching, research, community engagement, sport, and school outreach activities.

What is considered reportable abuse?

You must report if you know, believe or suspect that a child or young person under 18, or unborn baby is being abused or neglected, including:

  • grooming
  • sexual abuse
  • physical abuse, including restricted practices
  • emotional abuse, including exposure to family violence or suspected family violence
  • neglect, including isolated incidents or a pattern of failure over time, to provide the development and wellbeing of the child/young person in one or more of the following areas:
    • health
    • education
    • emotional development
    • nutrition
    • shelter and safe living conditions

What is Mandatory Reporting?

Mandatory reporting is the legislative requirement for selected classes of people to report suspected child abuse and neglect to government authorities.

In Tasmania, mandatory reporting requirements are outlined in the Child and Youth Safe Organisations Act 2023 and the Children, Young Persons and Their Families Act 1997.

The protection and safety of children should be of interest to everyone in society.

The Child and Youth Safe Organisations Act 2023 and the Children, Young Persons and their Families Act (CYPFA) emphasises that everyone in the community has a responsibility for ensuring that children are safe and protected. In addition, the Act lists people who are legally required to report their suspicions that a child is being abused or neglected (s14):

  • medical practitioners
  • nurses and midwives
  • dentists and other dental professionals
  • police officers
  • psychologists
  • probation officers
  • school principals and teachers and any provider of educational services (including the University of Tasmania)
  • persons who manage child care services or provide child care for a fee or reward
  • a member of the clergy of any church or religious denomination
  • a member of the Parliament of this State, and
  • in general people employed, or who are volunteers in government agencies or organisations funded by the Crown that provide health, welfare, education, or care wholly or partly for children.

The Child and Youth Safe Organisations Act 2023 outlines a penalty of a fine up to 120 penalty units ($12,000) for individuals and 360 penalty units ($72,000) for entities who do not report their suspicions of child abuse or neglect. This act establishes a reportable conduct scheme, led by an Independent Regulator, who can request an entity to provide any document or information that the Regulator reasonably requires to determine whether an entity is complying with the standards of Child Safety outlined in the act.

University of Tasmania policy

If a University of Tasmania employee in carrying out official duties or in the course of his or her work (whether paid or voluntary) believes, or suspects, on reasonable ground or knows of child harm or abuse:

  • The person must inform a Community-Based Intake Service (e.g. Strong Families, Safe Kids) verbally or in writing
  • The person must include in the information a statement of the observations, information, opinions and other ground upon which the belief, suspicions, or knowledge is based
  • In general, informing a supervisor or manager is not enough. A report to government authorities should be from the person with suspicions or information.

What does reporting look like?

If a person believes or suspects that a child is being or is likely to be abused, neglected, or is in real danger, the person must contact the Strong Families Safe Kids Advice and Referral Line (1800 000 123) with this information as soon as practicable. This also applies to unborn children.

You can also lodge an online report via their website: Strong Families Safe Kids or call 1800 000 123.

A person with concerns about a child’s safety is called a ‘notifier’. When calling the Strong Families, Safe Kids Advice and Referral Line, a notifier will speak to a staff person who will record their concerns. Child Protection may then gather more information so that a recommendation can be made about what needs to be done. The case may be referred to a more appropriate service for response, referred to police for joint investigation or classified and prioritised for a risk and/or needs assessment by Child Protection.

Rights as a ‘Notifier’

Under both the CYPFA section 16, and the Right to Information Act 2009 (Tas) section 38 the identity of a notifier does not have to be released nor does any information contained in a notification that may lead to the identification of a notifier. In court, the identity and any evidence identifying a notifier is confidential and generally withheld from court proceedings. If, however, the evidence of the notifier is critical to proceedings and needs to be provided for the proper administration of justice, the court may grant leave to hear the evidence. The notifier may also consent to their evidence or their identity being revealed in proceedings.

Frequently asked questions

Mandatory reporting laws differ slightly from state to state:

  • but if you are working in official University of Tasmania duties, our policy still holds

No, Mandatory Reporting and University of Tasmania policy applies for any reasonable suspicion of child abuse either on campus, online, or in interactions with the public.

In Tasmania, this is 17yrs and older, it differs slightly from state to state: Age of consent laws in Australia | Australian Institute of Family Studies.

  • If the person is under 18, still follow reporting guides.
  • If they are now over 18, adults have the choice to report vs not. By law (Criminal Code 2021) historical childhood sexual assaults by adults on a child when disclosed by an adult (over 18 years old) must be reported unless you do NOT have their knowledge and consent.
  • It is important to consider if there are other children in the care of adult/s of concern.
  • You can still contact Strong Families, Safe Kids with concerns of historical child abuse for advice.

You can contact the Safe and Fair Community Unit or the Strong Families, Safe Kids Advice and Referral Line.

The Peter Underwood Centre has developed two free evidence-informed courses on child rights and child safety to equip people with the skills and awareness to keep children safe.

For further professional learning in Child Safety: University puts child safety courses on everyone's radar)

Documents to know