Mandatory Reporting of Child Abuse
The Children, Youth and Families Act 2005 and the Family Law Act 2005 require certain professionals to report child abuse to child protection.
Requirements under the mandatory reporting legislation
Children, Youth and Families Act Mandatory Reporters
Under the Children, Youth and Families Act 2005, nurses, early childhood and social/welfare workers at Council are mandatory reporters. This includes all the Immunisation nurses, Maternal and Child Health nurses, the Community Wellbeing Manager, Children’s Services Coordinator, family support case managers and all those working within the Family Day Care Team with post-secondary qualifications.
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
Important note: It should be noted that all professionals have a duty of care to the children with whom they work, beyond the mandatory reporting requirements. A child may also need protection from other types of harm.
The following information is available from Department Families, Fairness and Housing website - Mandatory Reporting - Service Providers.
When do I have to report?
Make a report to Child Protection as soon as practicable after forming your belief. Make a report each time you become aware of any further reasonable grounds for your belief.
The penalty for failing to make mandatory report is 10 penalty points.
If you are worried about a child’s wellbeing but do not believe they are in need of protection, refer to the below section on how to make a referral to Child FIRST or The Orange Door.
What is a belief on reasonable grounds?
A belief is a belief on reasonable grounds if a reasonable person, doing the same work, would have formed the same belief on those grounds.
Grounds for forming a belief are matters of which you have become aware, and any opinions in relation to those matters.
When is a child in need of protection?
A child may be in need of protection if they have experienced or are at risk of significant harm, and their parents have not protected, or are unlikely to protect them from that harm. Significant harm may relate to:
- physical injury
- sexual abuse
- emotional or intellectual development
- physical development or health
- abandonment or parental incapacity
Mandatory reporters are required to report in relation to significant harm as a result of physical injury or sexual abuse. They may choose, as can anyone, to report in relation to other types of significant harm.
What will Child Protection do?
The best interests of the child are the paramount consideration. 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.
Contact Child Protection
To make a report, you should contact the child protection intake service covering Greater Dandenong or the local government area (LGA) where the child normally resides. The telephone number to make a report during business hours (8.45am-5pm), Monday to Friday, for Greater Dandenong is 1300 555 526.
For the telephone number for other LGAs check the following website: Child protection contacts.
Please note, child protection reports cannot be made via the department's website or email.
For immediate help
To report concerns that are life threatening, contact Victoria Police on 000.
To report concerns about the immediate safety of a child outside of normal business hours, contact the After-Hours Child Protection Emergency Service on 13 12 78.
What if I’m worried about a child’s wellbeing, but I don’t believe the child is in need of protection?
The Orange Door
If you have significant concerns for the wellbeing of a child, but do not believe they are at risk of significant harm, and where the immediate safety of the child will not be compromised, a referral to The Orange Door may be appropriate.
The Orange Door has replaced Child FIRST as the access point for families who need assistance with the care and wellbeing of children, including those experiencing family violence, to contact the services they need to be safe and supported.
Referring to The Orange Door would be appropriate where families:
- Are experiencing significant parenting problems that may be affecting the child's development
- Are experiencing family conflict, including family breakdown
- Are under pressure due to a family member's physical or mental illness, substance abuse, disability or bereavement
- Are young, isolated or unsupported
- Are experiencing significant social or economic disadvantage that may adversely impact on a child's care or development
Contact numbers to make a referral in each local area are listed on The Orange Door website.
Will the family know I have made a report or referral?
The identity of a reporter to Child Protection or a referrer to The Orange Door must remain confidential, unless:
- the reporter or referrer chooses to inform the child or family of the report or referral
- the reporter or referrer consents in writing to their identity as the reporter being disclosed
- a court or tribunal decides it needs this information in order to ensure the safety and wellbeing of the child
- a court or tribunal decides that in the interests of justice the evidence needs to be given
It is often considered best practice to inform the family that you have made a report or referral, where appropriate. Being transparent about your concerns and making a report to Child Protection or referral to The Orange Door, in circumstances where it is safe and appropriate to do so, can be beneficial for the young person, the family and your ongoing role with them.
However, in some circumstances, discussing your concerns may increase risk of harm for a child, or may compromise a child protection or police investigation. As such, seek advice at the time of making the report or referral.