Mandatory Reporting of Child abuse by people in religious ministry

Under the Children, Youth and Families Act, people in religious ministries are mandatory reporters of child abuse to Child Protection Services.

The legislation states that a:

“person in religious ministry means a person appointed, ordained or otherwise recognised as a religious or spiritual leader in a religious institution;”

The law makes it mandatory for ministers and other appointed religious leaders to report child abuse, including when it is revealed to them during a confession. Under the law, ministers and religious leaders face up to three years’ jail if they don’t report child physical and sexual abuse allegations. This law was supported by both the Government and the Opposition.

Mandatory reporting refers to the legal requirement for nominated groups to report a reasonable belief of physical or sexual child abuse to authorities.

Any questions about this may be directed to the Safe Church Unit.

Reporting Child abuse – failure to disclose – Victoria Only

The advent of the Betrayal of Trust suite of laws in Victoria in 2014 compelled all Victorian adults to disclose situations where they either know child sexual abuse is occurring or have reasonable grounds to believe that child sexual abuse is occurring. Thus, failure to disclose child sexual abuse is now a crime in Victoria, punishable by a jail sentence. Effectively, this legislation makes every adult in Victoria a “mandatory reporter” of child sexual abuse. 

The Children, Youth and Families Act (Victoria) protects the reporter by ensuring that:

• The identity of the reporter is not revealed without written permission or unless a court or tribunal decides that it needs this information to ensure the safety of the child
• If the report is made in good faith the reporter is not subject to any liability for defamation or breach of confidence
• A reporter who makes a report in accordance with the legislation is not liable for the eventual outcome of any investigation.