State Legislation & Reporting - WA
The Department for Child Protection is responsible for overseeing and upholding child protection in Western Australia. Numerous Acts (laws) help to govern and guide the process of child protection. These acts include:
- Children and Community Services Act 2004 (as amended in 2011)
- Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act 2008 (from 1 January 2009, these mandatory reporting provisions will become a part of the Children and Community Services Act 2004)
Other relevant Acts:
- Working with Children (Criminal Record Checking) Act 2004
- Family Court Act 1997
- Adoption Act 1994
- Family Law Act 1975 (Cth)
Reporting Child Abuse
What is reportable?
Outcomes or actions from which children are in need of protection include; neglect, physical abuse, sexual abuse, emotional abuse, domestic violence and psychological harm. These are all reportable offences.
What are reasonable grounds?
You do not need to have proof to report any concerns you have about the safety of a child or young person. Indicators that represent reasonable grounds to report a suspected offence include:
- A child or young person discloses that he or she has suffered or is suffering non accidental physical injury or sexual abuse
- Someone else advises you that a child or young person has been sexually abused or non-accidentally injured, or
- Your own observations of the child or young persons physical condition or behaviours lead you to reasonably suspect that the child or young person has suffered or is suffering non-accidental physical injury or sexual abuse.
For more information, you can email one of our qualified staff at Child Wise at email@example.com
Can anyone report concerns for the safety of a child or young person?
Any person who believes, on reasonable grounds, that a child is in need of protection may voluntarily report to Child Protection Services.
- You do not have to prove that abuse has taken place. You only need reasonable grounds for your belief.
- You do not need permission from parents or caregivers to make a report; nor do they need to be informed that a report is being made.
- If you made a report in good faith, you cannot be held legally liable - regardless of the outcome of the report.
- Your identity will remain confidential unless you need to give evidence if the matter goes to court. It is rare that this happens.
What is mandatory reporting?
Mandatory reporting describes the legal obligation of certain professionals and community members to report incidences of child sexual abuse. These people are called "mandated reporters" and they MUST report to Child Protection Services if they believe on reasonable grounds that a child is in need of protection. Penalties may apply to mandated reporters who fail to report suspected abuse. For more information on manda
Who is mandated to report suspected abuse?
In Western Australia Mandatory reporting legislation varies across Australian jurisdictions around the types of abuse that must be reported and the range of people mandated to report.
The legislation that governs the mandatory reporting of child sexual abuse in Western Australia is the Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act 2008. From 1st January 2009, these mandatory reporting provisions will become part of the Children and Community Services Act 2004.
In Western Australia, mandatory reporters of child sexual abuse under the Children and Community Services Amendments (Reporting Sexual Abuse of Children) Act 2008 are:
- Nurses and midwives
- Police officers
- Boarding supervisors
However, any person who has a belief that a child is being subjected to any form of abuse or neglect should report these concerns to the Department.