The following information outlines the various legal obligations relating to the reporting of child abuse to relevant authorities.

It is important to note that the procedures outlined in the above policy ensure compliance with the below reporting obligations, and also include additional steps to ensure compliance with Department policy and our school’s duty of care obligations.

Mandatory Reporting to Department of Families, Fairness and Housing (DFFH) Child Protection

The following individuals are mandatory reporters under the Children, Youth and Families Act 2005 (Vic):

• registered teachers and early childhood teachers (including principals and school staff who have been granted permission to teach by the VIT)
• school counsellors including staff who provide direct support to students for mental, emotional or psychological wellbeing, including (but not limited to) school health and wellbeing staff, primary welfare coordinators, student wellbeing coordinators, mental health practitioners, chaplains, and Student Support Services staff
• nurses
• registered psychologists
• police officers
• registered medical practitioners
• out of home care workers (excluding voluntary foster and kinship carers)
• early childhood workers
• youth justice workers
• people in religious ministry
• midwives

All mandatory reporters must make a report to the Department of Families, Fairness and Housing (DFFH) Child Protection as soon as practicable if, during the course of carrying out their professional roles and responsibilities, they form a belief on reasonable grounds that:

• a child has suffered, or is likely to suffer, significant harm as a result of physical abuse and/ or sexual abuse; and
• the child’s parents or carers have not protected, or are unlikely to protect, the child from harm of that type.

A mandatory reporter who fails to comply with this legal obligation may be committing a criminal offence. It is important for all staff at Example School to be aware that they are legally obliged to make a mandatory report on each occasion that they form a reasonable belief that a child is in need of protection and they must make a mandatory report even if the principal or any other mandatory reporter does not share their belief that a report is necessary.

If charged with not making a mandatory report, it may be a defence for the person charged to prove that they honestly and reasonably believed that all of the reasonable grounds for their belief had been the subject of a report to child protection made by another person.

The identity of a person who reports any protective concerns to DFFH Child Protection is protected by law. It is an offence for a person, other than the person who made the report, to disclose the name of the person who made a report or any information that is likely to lead to their identification.

At our school, all mandated school staff must undertake the Mandatory Reporting and Other Obligations eLearning Module annually. [OPTIONAL: We also require/encourage all other staff to undertake this module, even where they are not mandatory reporters].

The policy of the Department of Education and Training (DET) requires all staff who form a reasonable belief that a child is in need of protection to discuss their concerns with the school leadership team and to report their concerns to DFFH and in some circumstances to Victoria Police, or to ensure that all the information relevant to the report has been made by another school staff member.

Any person can make a report to DFFH Child Protection (131 278 – 24 hour service) if they believe on reasonable grounds that a child is in need of protection even if they are not a mandatory reporter listed above.

Reporting Student Wellbeing Concerns to Child FIRST/Orange Door

At Princes Hill Secondary College we also encourage staff to make a referral to Child FIRST/Orange Door when they have significant concern for a child’s wellbeing.  For more information about making a referral to Child FIRST/Orange Door see the Policy and Advisory Library: Protecting Children – Reporting and Other Legal Obligations.

Reportable Conduct

The Reportable Conduct Scheme is focussed on worker and volunteer conduct and how organisations investigate and respond to suspected child abuse. The scheme aims to improve organisational responses to suspected child abuse and to facilitate the identification of individuals who pose a risk of harm to children. 

There are five types of ‘reportable conduct’ listed in the Child Wellbeing and Safety Act 2005:

• sexual offences against, with or in the presence of, a child
• sexual misconduct (which includes grooming) against, with or in the presence of, a child
• physical violence against, with or in the presence of, a child
• behaviour that causes significant emotional or psychological harm to a child
• significant neglect of a child.

A reportable conduct allegation is made where a person makes an allegation, based on a reasonable belief, that a worker or volunteer has committed reportable conduct or misconduct that may involve reportable conduct.

If school staff or volunteers become aware of reportable conduct by any current or former employee, contractor or volunteer, they must notify the school principal immediately. If the allegation relates to the principal, they must notify the Regional Director.

The principal or regional director must notify the Department’s Employee Conduct Branch of any reportable conduct allegations involving current or former employees of the school (including Department, allied health, casual and school council employees), contractors and volunteers (including parent volunteers).

• Employee Conduct Branch: 03 7022 0005 or conduct@education.vic.gov.au

The Department’s Secretary, through the Manager, Employee Conduct Branch, has a legal obligation to inform the Commission for Children and Young People when an allegation of reportable conduct is made.

For more information about reportable conduct see the Department’s Policy and Advisory Library: Reportable Conduct and the Commission for Children and Young People’s website.

Failure to Disclose Offence             

Reporting child sexual abuse is a community-wide responsibility. All adults (ie persons aged 18 years and over), not just professionals who work with children, have a legal obligation to report to Victoria Police, as soon as practicable, where they form a ‘reasonable belief’ that a sexual offence has been committed by an adult against a child under the age of 16 in Victoria.

Failure to disclose information to Victoria Police (by calling 000, local police station or the Police Assistance Line 131 444) as soon as practicable may amount to a criminal offence unless a person has a ‘reasonable excuse’ or exemption from doing so.

“Reasonable belief” is not the same as having proof. A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds.

For example, a ‘reasonable belief’ might be formed when:

• a child states that they have been sexually abused
• a child states that they know someone who has been sexually abused (sometimes the child may be talking about themselves)
• someone who knows a child states that the child has been sexually abused
• professional observations of the child’s behaviour or development leads a mandated professional to form a belief that the child has been sexually abused
• signs of sexual abuse leads to a belief that the child has been sexually abused.

“Reasonable excuse” is defined by law and includes:

• fear for the safety of any person including yourself or the potential victim (but not including the alleged perpetrator or an organisation)
• where the information has already been disclosed to Victoria Police and you have no further information to add (for example, through a mandatory report to DFFH Child Protection or a report to Victoria Police from another member of school staff).

Failure to Protect Offence

This reporting obligation applies to school staff in a position of authority. This can include principals, assistant principals and campus principals. Any staff member in a position of authority who becomes aware that an adult associated with their school (such as an employee, contractor, volunteer or visitor) poses a risk of sexual abuse to a child under the age of 16 under their care, authority or supervision, must take all reasonable steps to remove or reduce that risk.

This may include removing the adult (ie persons aged 18 years and over) from working with children pending an investigation and reporting your concerns to Victoria Police.

If a school staff member in a position of authority fails to take reasonable steps in these circumstances, this may amount to a criminal offence.

Further Information

For more information about the offences and reporting obligations outlined in this fact sheet refer to: Protecting Children — Reporting and Other Legal Obligations.