In NSW, mandatory reporting is regulated by the Children and Young Persons (Care and Protection) Act 1998 (the Care Act).

• Who is a Mandatory Reporter

When am I a mandatory reporter?

You are a mandatory reporter whilst you are delivering services to children as part of your professional work or paid employment, in religious ministry or a person providing religion based activities to children or a registered psychologist providing a professional service as a psychologist to adults.

Mandatory reporting obligations do not extend into your personal life. However, if you are concerned about a child or young person, you have an ethical obligation to report your concerns. Also, the values of the Catholic Dioceses would encourage you to report any concerns. You can do this anonymously. It is illegal for the DCJ to disclose the identity of any reporter.

It’s mandatory to make a report if the child is 0 to 15 years and at risk of significant harm. It’s not mandatory to make a report if it is an unborn child, or a young person aged 16 to 17.

• Mandatory reporters: What to report and when | Communities and Justice

Can voluntary reports be made about abuse and neglect, even if not required by the legislation?

Any person is lawfully entitled to make a report if they are concerned for a child’s welfare, even if they are not required to do so as a mandatory reporter. Anyone making a voluntary (non-mandated) report is also protected with regard to confidentiality and immunity from legal liability as outlined above.

• Mandatory reporting of child abuse and neglect | Australian Institute of Family Studies

What protections are given to mandatory reporters?

The legislation in each jurisdiction outlines the protections that are given to mandated reporters. The two key protections are: confidentiality and that the reporter cannot be liable in civil, criminal or administrative proceedings in relation to the report.

• Mandatory reporting of child abuse and neglect | Australian Institute of Family Studies

Are there penalties for not reporting as a mandatory reporter?

There is a maximum penalty of 2 years imprisonment for:

• Failure to protect a child from abuse in which an adult has the power or responsibility to act, knows there is serious risk and fails to reduce or remove that risk (s43B Crimes Act).
• failure to report child abuse in which an adult knows, believes or reasonably ought to know that a child abuse offence has been committed against a child and, without reasonable excuse, does not report that offence to the police (s316A Crimes Act).
• Child abuse – our duty to report and to protect children from