MEDICOLEGAL

Mandatory Reporting

PrincipleWhat it means for you
Legal dutyIf you are in a “mandated occupation” and form a reasonable belief (or suspicion, depending on the Act) that a child is being—or is likely to be—abused, you must notify the statutory child‑protection agency as soon as practicable. Delay can attract criminal or disciplinary penalties.
Threshold“Reasonable” = more than a hunch;
you have factual indicators, a credible disclosure, or professional observations.
You do not need proof.
Good‑faith protectionAll jurisdictions protect reporters from civil/criminal liability and keep identities confidential when the report is made honestly.
No consent requiredYou do not need (and should not seek) parental consent to report.
Ongoing duty of careReporting does not end your clinical responsibility; continue to treat, monitor and support the child.

harm you should always consider reporting:

Category of concernTypical examples you might observe/receiveNotes
Physical abuseUnexplained bruises, burns, fractures, shaken‑baby injuriesMandatory in all jurisdictions (thresholds vary)
Sexual abuse / exploitation / groomingDisclosure of sexual acts, STIs, explicit images, online grooming, FGM, forced marriageMandatory everywhere; WA mandates only sexual abuse Western Australian Government
NeglectFailure to provide food, shelter, supervision, essential medical care, chronic “failure to thrive”Mandatory in NSW, SA, TAS, NT; voluntary (but strongly advised) elsewhere
Emotional / psychological abusePersistent scapegoating, terrorising, severe rejection, drug‑affected caregivingMandatory in NSW, SA, TAS, NT; voluntary elsewhere
Exposure to domestic & family violenceChild witnesses assaults, property damage, coercive controlExplicit ROSH trigger in NSW, SA, TAS, NT; voluntary elsewhere Schn Health Resources
Risk of significant harm (cumulative / unborn)Multiple lower‑level concerns that together pose serious risk; risk to unborn childNSW: “Risk of significant harm” test (incl. unborn) NSW Health
Any other serious threat to safety or wellbeingSuicidal behaviour, severe mental‑health neglect, substance‑impaired caregivingVoluntary in every state; mandatory if it meets that state’s statutory wording


2. State / Territory specifics at a glance

JurisdictionWho is mandated?*Abuse types that must be reported24 h hotline / online portal
NSWHealth (all registered), teachers/early‑childhood staff, police, OOHC staff, clergy, youth workersPhysical, sexual, emotional, neglect, exposure to DV (“risk of significant harm”)132 111
 • eReport after using Mandatory Reporter Guide
VICDoctors, nurses, midwives, teachers, school principals, policePhysical or sexual abuse causing (or likely to cause) significant harm13 12 78 (AH)
 • Local Child Protection Intake (bus. hrs)
QLDDoctors, nurses, teachers, early‑childhood educators, child‑safety & police officersPhysical or sexual abuse + sig. harm; (Public Health Act extends to any sig. harm for clinicians)1800 177 135 (AH) 
• Online Child Protection Guide
WADoctors, nurses, midwives, teachers, police, clergy, early‑childhood educators (from 2024)Sexual abuse only (mandatory)1800 708 704 (sexual abuse) 
• 1800 273 889 (other concerns, voluntary)
SAAnyone working / volunteering with children (incl. all health)All abuse, neglect, exposure to DV (“at risk”)13 14 78 
• eCARL (non‑urgent)
TASMedical & allied health, nurses, teachers, childcare, police, psychologists, OOHCAll abuse / neglect1800 000 123 (“Strong Families Safe Kids”) 
• 1300 737 639
NTEvery adult (universal duty)All abuse / neglect1800 700 250
ACTHealth, teachers, childcare, police, psychologists, youth & refuge workers, clergyAll abuse / neglect1300 556 729 
• CYPS e‑portal

* Occupation lists are abbreviated; check the current Act/Regulation for precise wording.


3. Clinician workflow (5 R’s)

  1. Recognise
    Use your clinical eyes and ears. Indicators may be physical (bruising, bites), behavioural (regression, hypersexuality), or situational (parental drug use, DV).
  2. Reasonable belief
    • Child’s disclosure
    • Observation of indicators
    • Reliable third‑party information
      (Document why the belief is reasonable.)
  3. Report immediately
    • Phone the 24‑h hotline for urgent / high‑risk cases.
    • Use secure online form for non‑imminent concerns where allowed.
    • Provide: child details, family details, grounds for concern, safety risks, your contact.
  4. Record
    • In the medical file: date/time, indicators, exact words disclosed, who you spoke to, intake reference number, plan.
  5. Review & follow‑up
    • Continue clinical care.
    • Note any agency feedback.
    • Re‑report if new information escalates risk.

 4. Practical risk‑reduction tips

  • Keep a one‑page crib sheet of local hotline numbers and thresholds in every consulting room.
  • Use decision‑support (e.g. NSW MRG, QLD CPG) to structure your reasoning and documentation.
  • When in doubt, consult—not delay: speak to a senior colleague, child‑protection liaison officer, or your MDO, then report if threshold met.
  • Emergency first: If the child’s safety is immediately threatened, dial 000, then notify child protection.
  • Maintain privacy: Leave only non‑specific messages when phoning carers; use secure channels for written reports.

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