Sorry, you need to enable JavaScript to visit this website.
Skip to main content

Mandatory reporting of child abuse and neglect

!

If you believe a child is in immediate danger call Police on 000.

If you require assistance or would like to talk to a trained professional about the issues described in this resource sheet, please call Kids Helpline (www.kidshelpline.com.au) on 1800 55 1800 or Lifeline (www.lifeline.org.au) on 13 11 14.

This resource sheet is provided as a guide only. It is up to date with current legislation at the time of publication. Because mandatory reporting laws may change after publication, individuals are encouraged to contact the relevant department or organisation to clarify requirements in their jurisdiction or in relation to legislation. For more information on how to report abuse and neglect, including contact details for government agencies, refer to the CFCA Resource Sheet Reporting abuse and neglect: Information for service providers.

We note that professionals in some occupations may also have duties to report child abuse according to occupational policy documents. These policy-based duties may either complement or add to a legislative duty applying to that occupation, or they may exist in the absence of a legislative duty. In all cases, professionals should be aware that both state/territory legislative and policy-based duties may exist and they should contact their relevant department or organisation to clarify any requirements.

Overview

Mandatory reporting laws require specified people to report designated types of child maltreatment to state or territory authorities. These laws also outline the circumstances under which a report must be made, including the level of certainty that activates the person’s duty to report.1

This resource sheet provides information on mandatory reporting laws in Australia generally as well as covering the mandatory reporting legislation for each Australian jurisdiction. It also provides answers to common questions about mandatory reporting.

Introduction

Mandatory reporting laws aim to identify cases of child abuse and neglect, and to facilitate the provision of assistance to the individual children in these cases (Royal Commission into Institutional Responses to Child Sexual Abuse, [Royal Commission], 2017). They were first developed in response to the largely hidden nature of physical abuse of young children, with the purpose of bringing cases to the attention of child welfare agencies (Mathews, 2014a; Mathews 2014b; Mathews et al., 2020). Mandatory reporting laws set acceptable standards of behaviour for the community (Australian Law Reform Commission [ALRC], 2010), inform the policies and practices of child protection services, and make the protection of children from abuse and neglect a professional responsibility. Because of these characteristics, mandatory reporting laws, as discussed here, are part of child protection legislation.

Mandatory reporting laws require nominated individuals to report known or suspected cases of particular types of child abuse and neglect to government authorities. The laws nominate these individuals on the basis that their occupation requires them to deal with children in the course of their work and have professional training in domains related to child development, health and wellbeing. They are therefore well-placed to detect cases, or suspected cases, of child abuse and neglect (Mathews, 2014a; Mathews, 2014b; Mathews et al., 2020).

Each Australian state and territory has its own mandatory reporting law within its child protection legislation. The laws are not the same across all jurisdictions. Differences include: (1) who has to report; (2) what types of abuse and neglect have to be reported (and therefore what types do not have to be reported); (3) the threshold for reporting (i.e. having a concern, suspicion or belief on reasonable grounds); and (4) to whom a report is made. These differences are described and discussed in this resource sheet.

Common questions about mandatory reporting

What types of child abuse and neglect must be reported and under what circumstances?

This section provides a summary of the types of abuse and neglect that have to be reported. Specific details about reporting obligations for each jurisdiction can be found in the tables below.

Types of abuse and neglect that must be reported

There are some important differences in the types of abuse and neglect that must be reported across the states and territories. In New South Wales (NSW), the Northern Territory (NT) and Tasmania (Tas) it is mandatory to report all 5 recognised types of abuse and neglect: physical abuse, sexual abuse, psychological/emotional abuse, neglect and exposure to family violence. In South Australia (SA) it is mandatory to report physical abuse, sexual abuse, psychological/emotional abuse and neglect. In the Australian Capital Territory (ACT) and Victoria (Vic) it is only mandatory to report physical abuse and sexual abuse.

Queensland (Qld) and Western Australia (WA) each have multiple Acts legislating mandatory reporting. The Acts for each state specify different mandatory reporters and different forms of abuse that must be reported. In Queensland, it is mandatory to report physical and sexual abuse. In WA, all mandatory reporters must report sexual abuse, and reporters mandated under the Family Court Act 1997 must report all 5 recognised types of abuse.

It is important to note that Victoria and Queensland include an additional clause that narrows when the duty to report applies: namely, the duty to report only applies when there is no protective parent available.

Extent of abuse or neglect that must be reported

Apart from sexual abuse, which must always be reported, the mandatory reporting duties do not require reports of any and all instances of harm. The laws are directed towards cases of significant harm and not to trivial incidents. This is why all jurisdictions specify the level of abuse that must be reported, using terms such as ‘significant harm’. The context and child’s situation matters when determining whether interaction(s) constitute abuse or neglect and if they reach the required level of severity (e.g. the child’s age, the number of times an incident has occurred and the severity of the acts).

Professional training materials should provide mandated reporters with further information about the types of cases that should and should not be reported in their jurisdiction. Mandated reporters can also seek advice about specific cases and the appropriate course of action from local specialist advisors at their organisation or the relevant child protection department. (Refer to Further reading and resources for links to further information/resources)

Individuals, whether mandated reporters or not, may also refer cases of child abuse and neglect that fall below statutory thresholds for mandatory reporting to child and family welfare agencies. These alternative reporting pathways are a form of ‘alternative response’, or ‘differential response’, intended to facilitate the provision of assistance to children and families in need (e.g. NSW s 27A).

Thresholds for reporting across different jurisdictions

Some jurisdictions require a report to be made when a mandated reporter has a ‘reasonable belief’ that the abuse has occurred or is occurring (ACT, NT, Tas, Vic, WA), and others use the term ‘reasonable suspicion’ (NSW, Qld, SA, Tas, WA).2 Technically, ‘belief’ requires a higher level of certainty than ‘suspicion’, although this is likely a distinction that does not and should not affect reporting in practice (Mathews, 2014b). No state or territory requires the reporter to be certain that the abuse or neglect has occurred.

All jurisdictions except the ACT also require reports of situations where the designated abuse has not yet occurred but is suspected to be likely to occur in future. While WA is included as a state where reporting of suspected risk is mandated, it only applies to those mandated under the Family Court Act 1997 and not under the Children and Community Services Act 2004. The differences in reporting requirements between the 2 Acts can be found below.

What protections are given to mandatory reporters?

The legislation in each jurisdiction outlines the protections that are given to mandated reporters. The 2 key protections are: confidentiality and immunity. The latter means that the reporter cannot be liable in civil, criminal or administrative proceedings in relation to the report.

How does mandatory reporting legislation define a child?

Legislation in the ACT, NSW, NT, Qld, SA, Tas and WA requires mandatory reporting in relation to all children or young people up to the age of 18 years. In Vic, the duty for mandatory reporting is in relation to all children up to the age of 17 years.

How does each type of mandatory reporting co-exist with other types of reporting laws?

The mandatory reporting duties for specified types of child maltreatment discussed here are found in child protection legislation in each jurisdiction. All mandatory reporting duties can be understood as the primary class of reporting duty. They are primarily directed towards identifying situations of significant child abuse and neglect by parents and adult caregivers in the home. Situations of sexual abuse by any person are also subsumed under these reporting duties. However, other types of reporting laws also exist, beyond those in child protection law, specifically in criminal law. This is briefly discussed below.

Criminal law reporting duties

Most states and territories (ACT, NSW, Qld, Tas, Vic) have criminal laws requiring all adults to report known child sexual offences (Mathews, 2021). NSW also includes child physical abuse in these criminal laws, while Tasmania includes serious offences related to physical assault and serious instances of neglect and ill-treatment. The criminal laws have slightly different rationales to the child protection-based laws, and their scope and details vary across jurisdictions but all require reports to be made to police.

There are also other types of reporting duties aimed at identifying and preventing institutional sexual abuse. These different duties are discussed elsewhere (Mathews, 2019).

It is important to note that this resource sheet focuses only on the mandatory reporting duties for child abuse and neglect as they appear in child protection legislation.

Which mandated reports can child protection agencies act on?

There is a common assumption that all situations reported under mandatory reporting laws will result in an intervention by government child protection services. However, this is not the case. Mandatory reporting laws define the types of situations that are required to be reported to statutory child protection services. Legislative grounds for government intervention define the circumstances and, importantly, the threshold, at which the statutory child protection service is legally able to intervene to protect a child.

As such, not all reports of child abuse and neglect made under mandatory reporting laws will lead to immediate action from child protection services. A single report may not meet the threshold for intervention. However, this report grouped with other information on file (or information that may be added later) may meet the threshold and result in action being taken. Reports are assessed but are not considered in isolation. Instead, they form a body of information that determines if and how child protection services are legally able to intervene.

Importantly, many reports that are made result in the provision of helpful information or services to the child and family, especially where the situation is not sufficiently serious to warrant more formal intervention.

Can voluntary reports about child abuse and neglect be made, 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.

Occupational policy-based duties

In addition to the mandatory reporting legislation, certain professional groups (such as psychologists) and government agencies (such as education departments) may have their own occupational reporting protocols or codes of conduct outlining the moral, ethical, professional or organisational responsibility to report. The Commonwealth Child Safe Framework also sets minimum standards for creating and maintaining child safe culture and practices in Australian Government entities.

These occupational policy-based reporting duties may be narrower, broader or the same as those officially mandated under legislation. It is important to note that occupational-related, policy-based reporting duties exist alongside, but do not replace, state and territory mandatory reporting legislation, which have primacy.

Mandatory reporting legislation

Commonwealth legislation

The Family Law Act 1975 (Cth) creates a mandatory reporting duty for specified personnel from the Family Court of Australia, the Federal Circuit Court of Australia, the Family Court of Western Australia and other designated practitioners.

Legal provisionsSection 67ZA of the Family Law Act 1975 (Cth). Version 10 June 2025.
Who is mandated to report?
  • the Chief Executive Officer (CEO);
  • a senior registrar, or registrar of the Federal Circuit and Family Court of Australia (Division 1 or 2);
  • the Registrar or a Deputy Registrar of the Family Court of Western Australia;
  • a family consultant;
  • a family counsellor;
  • a Children’s Contact Services (CSS) practitioner;
  • a family dispute resolution practitioner;
  • an arbitrator;
  • a lawyer independently representing a child’s interests;
  • a family report writer who is recognised in accordance with regulations made for the purposes of section 11K, as complying with prescribed standards and requirements.
What must be reported?If the person has reasonable grounds for suspecting that a child has been abused, or is at risk of being abused, and this suspicion is developed in the course of performing their duties or functions, or exercising powers.
When the report must be madeAs soon as practicable after forming the belief
Who mandatory reporters must report toPrescribed child welfare authority
Abuse and neglect types that must be reported
  • Assault, including sexual assault
  • Sexual abuse
  • Serious psychological harm, including (but not limited to) harm caused by being subjected to family violence
  • Serious neglect
Penalty for not reportingNot specified by the Act

State and territory legislation

Each state and territory’s child protection legislation sets out the key mandatory reporting duty applying to designated people in that jurisdiction. The following part sets out the various mandatory requirements for each Australian state and territory.

Further details and information about mandatory reporting can be obtained from the relevant statutory child protection authority in each jurisdiction. Contact and other details for each state and territory office, and advice about how to undertake a mandatory report, can be found in the CFCA Resource sheet: Reporting child abuse and neglect.


Australian Capital Territory

The Australian Capital Territory’s mandatory reporting laws cover an extensive list of professions, and the details of the reporting requirements are provided in the table below.

Legal provisionsSection 356 of the Children and Young People Act 2008 (ACT). Version 16 November 2025.
Who is mandated to report?

A person who is:

  • a doctor;
  • a dentist;
  • a nurse; an enrolled nurse;
  • a midwife;
  • a psychologist;
  • a teacher at a school (including teacher’s assistant or aide in paid employment at the school);
  • a person authorised to inspect education programs, materials or other records used for home education of a child or young person under the Education Act 2004;
  • a police officer;
  • a person employed to counsel children or young people at a school;
  • a person caring for a child at a childcare centre, includes a childcare assistant or aide if in paid employment at the childcare centre (excludes unpaid volunteers);
  • a family day care co-ordinator;
  • an educator, an education and care service provider;
  • a public servant who, in the course of employment as a public servant, works with, or provides services personally to children and young people or families;
  • the public advocate;
  • the Aboriginal and Torres Strait Islander children and young people commissioner;
  • an official visitor;
  • a minister of religion, religious leader or member of the clergy of a church or religious denomination (including information obtained during religious confession);
  • a person who, in the course of the person’s employment, has contact with or provides services to children, young people and their families and is prescribed by regulation.
What must be reported?A belief, on reasonable grounds, that a child or young person has experienced or is experiencing sexual abuse or non-accidental physical injury; and the reasons for the belief arise from information obtained by the person during the course of, or because of, the person’s work (whether paid or unpaid)
When the report must be madeAs soon as practicable after forming the belief
Who mandatory reporters must report toThe director-general
Abuse and neglect types that must be reported
  • Physical abuse (non-accidental physical injury)
  • Sexual abuse
Penalty for not reporting50 penalty units, imprisonment for six months, or both

New South Wales

New South Wales’ mandatory reporting laws cover an extensive list of professions, and the details of the reporting requirements are provided in the table below.

Legal provisionsSections 23, 27, and 154 of the Children and Young Persons (Care and Protection) Act 1998 (NSW). Version 28 October 2025.
Who is mandated to report?
  • A person who, in the course of his or her professional work, or other paid employment, delivers health care, welfare, education, children’s services, residential services or law enforcement, wholly or partly, to children, and
  • A person who holds a management position in an organisation, the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare, education, children’s services, residential services or law enforcement, wholly or partly, to children, and
  • A person in a religious ministry, or a person providing religion-based activities to children, and
  • A registered psychologist providing a professional service as a psychologist.

Note: Children’s services means either or both of the following (subject to the regulations): (a) an education and care service within the meaning of the Children (Education and Care Services) National Law (NSW); (b) a State regulated education and care service within the meaning of the Children (Education and Care Services) Supplementary Provisions Act 2011.

What must be reported?

Reasonable grounds to suspect that a child is at risk of significant harm, and the grounds arise during the course of or from the person’s work or specified role (as a mandated reporter)

Section 23(1) of the Child and Young Persons (Care and Protection) Act 1998 states that a child or young person is at risk of significant harm if current concerns exist for the safety, welfare or well-being of the child or young person because of the presence, to a significant extent, of any one or more of the following circumstances:

a. The child’s or young person’s basic physical or psychological needs are not being met or are at risk of not being met.

b. The parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care.

b1. In the case of a child or young person who is required to attend school in accordance with the Education Act 1990, the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with that Act.

c. The child or young person has been, or is at risk of being, physically or sexually abused or ill-treated.

d. The child or young person is living in a household where there have been incidents of domestic violence and, consequently, the child or young person is at risk of serious physical or psychological harm.

e. A parent or other caregiver has behaved in such a way towards the child or young person that the child or young person is at risk of suffering serious psychological harm.

f. The child was the subject of pre-natal report under section 25 of the Act and the birth mother did not engage successfully with support services to eliminate, or minimize to the lowest level reasonably practical, the risk factors that gave rise to the report.

Additionally, section 154(2a) of the Child and Young Persons (Care and Protection) Act 1998 states that:

  • if a person, other than the Secretary or an authorised carer, provides out-of-home care in respect of a child or young person, for the purposes of Parts 2 and 3 of Chapter 3, they are taken to be at risk of significant harm.

Note: Physical or sexual abuse may include an assault and can exist despite the fact that consent has been given.

When the report must be madeAs soon as practicable
Who mandatory reporters must report toThe Secretary
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse
  • Emotional/psychological abuse
  • Neglect
  • Exposure to domestic violence
Penalty for not reportingNot specified in the Act

Northern Territory

The Northern Territory’s mandatory reporting laws apply to any person, with additional provisions covering health practitioners. The details of these reporting requirements are provided in the table below.

Legal provisionsSections 15, 16 and 26 of the Care and Protection of Children Act 2007 (NT). Version 25 March 2024.Section 26(2) of the Care and Protection of Children Act 2007 (NT). Version 25 March 2024.
Who is mandated to report?Any personA health practitioner or someone who performs work of a kind that is prescribed by regulation
What must be reported?

A belief on reasonable grounds that:

  • A child has suffered or is likely to suffer harm or exploitation.
  • A child aged less than 14 years has been or is likely to be a victim of a sexual offence.
  • A child has been or is likely to be a victim of an offence against section 208K, 208KA or 208KB of the Criminal Code. This means, a child who is of or over the age of 16 years and the offender is in a position of authority.
  • Note: Part 1.4 section 13 of the Act defines:
  • harm to child as: any significant detrimental effect caused by any act, omission or circumstance on:
    • The physical, psychological or emotional wellbeing or development of the child.
  • exploitation of child as: including sexual and any other forms of exploitation, including:
    • Sexual abuse.
    • Involving the child as a participant or spectator in any of the following: an act of a sexual nature; prostitution; pornographic performance.
A belief on reasonable grounds that a child aged 14 or 15 years has been or is likely to be a victim of a sexual offence, and the age difference between the child and offender is greater than 2 years
When the report must be madeAs soon as possible after forming the beliefAs soon as possible after forming the belief
Who mandatory reporters must report toCEO of the department or a police officerCEO of the department or a police officer
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse or other exploitation of the child
  • Emotional/psychological abuse
  • Neglect
  • Exposure to physical violence
  • Exposure to domestic or family violence
Sexual abuse
Penalty for not reportingMaximum penalty: 200 penalty unitsMaximum penalty: 200 penalty units

Queensland

Legal provisionsPart 1AA, section 13F of the Child Protection Act 1999 (Qld). Version 1 January 2026.Part 1AA, section 13E of the Child Protection Act 1999 (Qld). Version 1 January 2026.Sections 364, 365, 365A, 366, 366A of the Education (General Provisions) Act 2006 (Qld). Version 24 October 2025.
Who is mandated to report?
  • an authorised officer;
  • a public service employee employed in the department;
  • a person employed in a departmental care service or licensed care service;
  • an approved carer;
  • a person employed in an entity mentioned in section 82(1)(f):
  • a carer approved by the chief executive.
  • a doctor;
  • a registered nurse;
  • a teacher;
  • a police officer who, under a direction given by the commissioner of the police service under the Police Service Administration Act 1990, is responsible for reporting under this section;
  • a person engaged to perform a child advocate function under the Public Guardian Act 2014;
  • an early childhood education and care professional (who are in paid employment and over the age of 18) including:
    • an approved provider; a supervisor; or educator under the Education and Care Services Act 2013 or the Education and Care Services National Law (Qld).
    • a family day care coordinator; or a family day care educator under the Education and Care Services National Law (Qld).
A staff member of State and non-State schools.
What must be reported?A reasonable suspicion that a child in care (a child placed in the care of an entity conducting a departmental care service or a licensee) has suffered, is suffering, or is at unacceptable risk of suffering, significant harm caused by physical or sexual abuse.

A reasonable suspicion that a child has suffered, is suffering or is at an unacceptable risk of suffering, significant harm caused by physical or sexual abuse;

  • and may not have a parent able and willing to protect the child from the harm.

Awareness or reasonable suspicion, formed in the course of the staff member’s employment at the school, that any of the following has been, or is likely to be, sexually abused by another person:

  • A student under 18 years attending the school
  • A kindergarten age child in a kindergarten learning program or a distance education kindergarten learning program at the school
  • A person with a disability who, under section 420(2) is provided with special education at the school; and is not enrolled in the preparatory year at the school
When the report must be madeNot specific in the ActNot specified in the ActImmediately
Who mandatory reporters must report toChief executiveChief executive
  • State school: School’s principal or the principal’s supervisor; or, if the person reporting is the school principal, a police officer.
  • Non-state school: School’s principal or a director of the school’s governing body; or, if the person reporting is the school’s principal, to a police officer.
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse
  • Physical abuse
  • Sexual abuse
Sexual abuse
Penalty for not reportingNot specified in the ActNot specified in the ActMaximum penalty: 20 penalty units

South Australia

Legal provisionsSections 17, 18, 30 and 31 of the Children and Young People (Safety) Act 2017 (SA). Version 14 July 2025.
Who is mandated to report?
  • prescribed health practitioners, including medical practitioners, pharmacists, registered or enrolled nurses, dentists, psychologists, and any other person prescribed by the regulations for the purposes of this definition
  • police officers
  • community corrections officers under the Correctional Services Act 1982
  • social workers
  • ministers of religion; employees of, or volunteers in, an organisation formed for religious or spiritual purposes
  • teachers employed as such in a school (within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011) or a preschool or kindergarten
  • employees of, or volunteers in, an organisation that provides health, welfare, education, sporting or recreational, child care or residential services wholly or partly for children and young people, being a person who:
    • (i) provides such services directly to children and young people; or
    • (ii) holds a management position in the organisation, the duties of which include direct responsibility for, or direct supervision of, the provision of those services to children and young people
  • any other person of a class prescribed by the regulations for the purposes of this subsection.

Note: a person employed includes a person who is self-employed; carries out work under contract for services; undertakes practical training as part of an educational or vocational course; is a volunteer.

What must be reported?

Suspicion on reasonable grounds that a child or young person is, or may be, at risk; and the suspicion was formed in the course of the person's employment.

Note: Section 18 states that a child or young person will be taken to be ‘at risk’ if:

  • The child or young person has suffered, or is likely to suffer, harm (being harm of a kind against which a child or young person is ordinarily protected).
  • There is a likelihood that a child or young person will be removed from the State (whether by their parent or guardian or by some other person) for the purpose of - (i) being subjected to a medical or other procedure that would be unlawful if performed in this State (including female genital mutilation (FGM)) or (ii) taking part in a marriage ceremony that would be a void marriage, or otherwise invalid marriage, under the Marriage Act of the Commonwealth; or (iii) enabling the child or young person to take part in an activity, or an action to be taken in respect of the child or young person that would, if it occurred in this State, constitute an offence against the Criminal Law Consolidation Act 1935 or Criminal Code of the Commonwealth.
  • The parents or guardians (i) are unable or unwilling to care for the child/young person; (ii) have abandoned the child/young person or cannot after reasonable enquiry be found; (iii) are dead.
  • The child/young person is of compulsory school age but has been persistently absent from school without satisfactory explanation.
  • The child/young person is of no fixed address.
  • Any other circumstances of a kind prescribed by the regulations exist in relation to the child/young person.

Note: Section 17 defines ‘harm’ as: a reference to physical harm or psychological harm (whether caused by an act or omission) and, includes such harm caused by sexual, physical, mental, or emotional abuse or neglect.

When the report must be madeAs soon as is reasonably practicable after forming the suspicion.
Who mandatory reporters must report toTelephone notification to a telephone number determined by the Minister (note: this telephone line is currently known as the Child Abuse Report Line (CARL)), electronic notification to an electronic reporting system determined by the Minister; to a person of a class, or occupying a position of a class, specified by the Minister by notice in the Gazette; in any other manner set out in regulations for the purposes of this section.
Abuse and neglect types that must be reported
  • Physical abuse
  • Sexual abuse
  • Mental or emotional abuse
  • Neglect
Penalty for not reportingMaximum penalty: $10 000

Tasmania

Legal provisionsSections 3, 4 and 14 of the Children, Young Persons and Their Families Act 1997 (Tas.). Version 1 July 2025.
Who is mandated to report?
  • medical practitioners
  • registered or enrolled nurses
  • persons registered under the Health Practitioner Regulation National Law (Tasmania) as a midwife, dentist, dental therapist, dental hygienist or oral health therapist,
  • psychologists
  • police officers
  • probation officers appointed or employed under section 5 of the Corrections Act 1997
  • principals and teachers in any educational institution including kindergartens
  • persons who provide child care or a child care service for fee or reward
  • persons concerned in the management of an approved education and care service, within the meaning of the Education and Care Services National Law (Tasmania) or a child care service licensed under the Child Care Act 2001
  • a member of the clergy of any church or religious denomination
  • a member of the Parliament of this State
  • any other person who is employed or engaged as an employee for, of, or in, or who is a volunteer in, a government agency that provides health, welfare, education, child care or residential services wholly or partly for children, and an organisation that receives any funding from the Crown for the provision of such services
  • and any other person of a class determined by the Minister by notice in the Gazette to be prescribed persons.

Note: Section 14(7) states that a member of the clergy cannot refuse to report on the grounds that the knowledge, belief or suspicion was formed as a consequence of information communicated during a religious confession.

What must be reported?

Belief or suspicion on reasonable grounds, formed in carrying out official duties or as soon as possible after the person forms the belief in the course of their work (whether paid or voluntary) that:

  • a child has been or is being abused or neglected or is an affected child within the meaning of the Family Violence Act 2004 (a child whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence); or
  • there is a reasonable likelihood of a child being killed or abused or neglected by a person with whom the child resides; or
  • while a woman is pregnant, that there is reasonable likelihood that after the birth of the child: the child will suffer abuse or neglect, or may be killed by a person with whom the child is likely to reside; or that the child will require medical treatment or other intervention as a result of the behaviour of the woman or another person with whom the woman resides or is likely to reside, before the birth of the child.

Note: Section 3(1) defines ‘abuse or neglect’ as:

  • sexual abuse; or
  • physical or emotional injury or other abuse, or neglect, to the extent that
  • the injured, abused, or neglected person has suffered, or is likely to suffer, physical or psychological harm detrimental to the person’s wellbeing; or the injured, abused, or neglected person’s physical or psychological development is in jeopardy.
When the report must be madeAs soon as practicable after the person forms the belief or suspicion or gains the knowledge
Who mandatory reporters must report toSecretary or a Community-Based Intake Service
Abuse and neglect types that must be reported
  • Sexual abuse (any)
  • Physical abuse
  • Emotional/psychological abuse
  • Neglect
  • Exposure to family violence
Penalty for not reportingMaximum penalty: fine not exceeding 20 penalty units

Victoria

Legal provisionsSections 182(1), 184 and 162(1)(c)–(d) of the Children, Youth and Families Act 2005 (Vic.). Version 28 December 2025.
Who is mandated to report?
  • registered medical practitioners, nurses, midwives
  • a person registered as a teacher or an early childhood teacher under the Education and Training Reform Act 2006 or teachers granted permission to teach under that Act
  • principals of Government or non-Government schools within the meaning of the Education and Training Reform Act 2006
  • police officer
  • a person in religious ministry
  • the approved provider or nominated supervisor of or a person with a post-secondary qualification in the care, education or minding of children who is employed or engaged by, a children’s service within the meaning of the Children’s Services Act 1996
  • the approved provider or nominated supervisor of, or a person with a post-secondary qualification in the care, education or minding of children who is employed or engaged by an education and care service within the meaning of the Education and Care Services National Law (Victoria)
  • a person with a post-secondary qualification in youth, social or welfare work who works in the health, education or community or welfare services field and who is not referred to in section 182(1)(h)
  • a person employed under Part 3 of the Public Administration Act 2004 to perform the duties of a youth and child welfare worker
  • registered psychologists
  • youth justice officers
  • youth parole officers
  • a member of a prescribed class of persons
What must be reported?

Belief on reasonable grounds, formed in the course of practicing the person’s profession or carrying out the duties of their office, position or employment as set out in section 182, that a child is in need of protection on a ground referred to in section 162(1)(c) or 162(1)(d).

Note: Section 162(1)(c) states that a child is in need of protection if: the child has suffered, or is likely to suffer, significant harm as a result of physical injury and the child’s parents have not protected, or are unlikely to protect, the child from harm of that type.

Note: Section 162(1)(d) states that a child is in need of protection if: the child has suffered, or is likely to suffer, significant harm as a result of sexual abuse and the child’s parents have not protected, or are unlikely to protect, the child from harm of that type.

When the report must be madeAs soon as practicable after forming the belief and after each occasion on which the person becomes aware of any further reasonable grounds for the belief
Who mandatory reporters must report toThe Secretary
Abuse and neglect types that must be reported
  • Physical injury
  • Sexual abuse
Penalty for not reportingMaximum penalty: 10 penalty units

Western Australia

Legal provisionsSections 124A and 124B of the Children and Community Services Act 2004 (WA). Version 18 December 2025.Sections 5 and 160 of the Family Court Act 1997 (WA). Version 18 December 2025.
Who is mandated to report?
  • assessors of a secure care facility
  • departmental officers
  • early childhood workers
  • out-of-home care workers
  • psychologists
  • doctors
  • nurses
  • midwives
  • teachers
  • boarding supervisors
  • police officers
  • school counsellors
  • ministers of religion
  • youth justice workers
  • the Principal Registrar, a registrar or a deputy registrar
  • family counsellors
  • family consultants
  • family dispute resolution practitioners, arbitrators; and legal practitioners independently representing a child's interests
  • family report writers who are recognised, in accordance with regulations made for the purposes of section 65AC, as complying with prescribed standards and requirements
What must be reported?Belief on reasonable grounds, formed in the course of the person’s work (whether paid or unpaid), that a child has been the subject of sexual abuse that has occurred or is ongoing.

Reasonable grounds, formed in the course of performing duties or functions, or exercising powers, for suspecting that a child has been, or is at risk of being “abused” (as defined in and for the purposes of the Family Law Act 1975 (Cth) s 67ZA, and as detailed below). Section 4 of the Family Law Act 1975 (Cth) defines “abuse” as:

(a) an assault, including a sexual assault, of the child; or

(b) a person (the first person) involving the child in a sexual activity with the first person or another person in which the child is used, directly or indirectly, as a sexual object by the first person or the other person, and where there is unequal power in the relationship between the child and the first person; or

(c) causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or

(d) serious neglect of the child.

When the report must be madeAs soon as practicable after forming the beliefAs soon as practicable
Who mandatory reporters must report toThe CEO or a person approved by the CEO; or a person who is a member of the class of persons approved by the CEOThe CEO
Abuse and neglect types that must be reportedSexual abuse
  • Assault
  • Sexual assault
  • Involvement of the child in sexual activity where there is unequal power in the relationship between the child and the other person;
  • Causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence;
  • Serious neglect.
Penalty for not reportingA fine of $6,000 

Further reading and resources

Other AIFS resources

  • What is child abuse and neglect?
    The purpose of this resource sheet is to provide practitioners, policy makers and researchers with a working definition of child abuse and neglect. It provides a general definition of child abuse and neglect and definitions of the 5 commonly regarded subtypes.
  • Responding to children and young people’s disclosures of abuse
    This AIFS practice guide is a framework for responding to children and young people’s disclosures of abuse and maltreatment. It also outlines what is known about how, why and when children and young people are likely to disclose abuse and provides information to help individuals respond to these disclosures.
  • Reporting child abuse and neglect
    This AIFS resource sheet provides information to service providers and practitioners working in the child, family and community welfare sector on how to report suspected child abuse and neglect. It defines child abuse and neglect and provides contact details for the reporting authority in each state and territory.
  • Risk and protective factors for child abuse and neglect
    This AIFS policy and practice paper provides an overview of recent research evidence on the risk and protective factors for child abuse and neglect in families. It focuses on relevant Australian and international literature published from 2017 to 2025. The resource also discusses how knowledge of the risk and protective factors can inform practice for practitioners and other professionals working with children and families.
  • Preventing and reducing child maltreatment
    This AIFS policy and practice paper outlines the research evidence on the effectiveness of parenting programs for preventing or reducing child maltreatment.
  • Australian child protection legislation
    This resource sheet provides a brief overview of child protection legislation across state and territory jurisdictions in Australia.

Other organisations and websites

References

Australian Law Reform Commission (ALRC). (2010). Family violence: A national legal response. Canberra: ALRC.

Mathews, B. (2014a). Mandatory reporting laws and identification of child abuse and neglect: Consideration of differential maltreatment types, and a cross-jurisdictional analysis of child sexual abuse reports. Social Sciences, 3(3), 460–482.

Mathews, B. (2014b). Mandatory reporting laws for child sexual abuse in Australia: A legislative history. Sydney: Royal Commission into Institutional Responses to Child Sexual Abuse.

Mathews, B. (2019). A taxonomy of duties to report child sexual abuse: Legal developments offer new ways to facilitate disclosure. Child Abuse & Neglect, 88, 337–347.

Mathews, B., Bromfield, L., & Walsh, K. (2020). Comparing reports of child sexual and physical abuse using child welfare agency data in two jurisdictions with different mandatory reporting laws. Social Sciences9(5), 75.

Mathews, B. (2021). Duties to report child sexual offences: A new era in Australian criminal law. Canberra Law Review, 18(2), 54–81. www.austlii.edu.au/cgi-bin/viewdoc/au/journals/CanLawRw//2021/13.html

Royal Commission into Institutional Responses to Child Sexual Abuse. (2017). Criminal justice report of the Royal Commission into Institutional Responses to Child Sexual Abuse (Vol. 7). Canberra: Commonwealth of Australia.

1 There are legal requirements for various professionals to report other child-related conditions to various authorities (i.e. certain diseases, the occurrence of injuries in children attending schools or child care and incidents of domestic violence related to adult victims). This resource sheet does not relate to those circumstances but is specific to the reporting of child abuse and neglect to government authorities.

2 WA uses ‘belief on reasonable grounds’ in the Children and Community Services Act 2004 and ‘reasonable grounds for suspecting’ in the Family Court Act 1997.

Acknowledgements

Authors and acknowledgements

This resource sheet was updated by Lisa Tamiakis, a Senior Research Officer with the Child Family Community Australia information exchange at the Australian Institute of Family Studies and Ben Mathews, Distinguished Professor in the QUT School of Law.

The 2023 version was authored by Kylie Butler, then a Research Officer with the Child Family Community Australia information exchange at the Australian Institute of Family Studies, and Ben Mathews, Professor in the QUT School of Law.

Previous editions of this resource sheet have been compiled by Ben Mathews, Nick Heyes, Joanne Commerford, Deborah Scott, Daryl Higgins, Leah Bromfield, Nick Richardson, Prue Holzer and Claire Berlyn.


Feature image: Bubble catcher, CC BY-SA 2.0.

Share

Published

21 April 2026

Researchers

Lisa Tamiakis

Content type
Resource sheet