Reporting Laws and Requirements - VIC

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Failure to disclose sexual offence committed against child under the age of 16 years - Sect 327 - This offence applies to all adults, not just professionals who work with children.

Any adult who holds a reasonable belief that a sexual offence has been committed by an adult against a child in Victoria must report that belief to police, unless they have a reasonable excuse for not reporting.

This is a very powerful law that has come about as a result of Victorian Government’s response to the recommendations of Betrayal of Trust, the report of the Parliamentary Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations.

Regardless of whether you are a mandated reporter or not you are now deemed by Legislation to report any reasonable belief you have that a sexual offence is being or has been committed against a child.

Failure by person in authority to protect child from sexual offence - Sect 49O

Applies to a person in a position of authority in the organisation who knows that there is a risk of a child under 16 within that organisation becoming a victim of sexual abuse by an adult associated with the organisation and fails to reduce or remove the risk. ie. if a Director of a Child Care Centre knows that there has been an employee suspected of sexual abuse against a child and continues to allow that employee to work with children at the centre they commit an offence.

What is a 'relevant organisation'?

The offence applies to people in authority within a relevant organisation. A relevant organisation is one that exercises care, supervision or authority over children, whether as part of its primary function or otherwise.  

Relevant organisations include, but are not limited to:

• churches
• religious bodies
• Education and Care Services (such as Childcare Centres, Family Day Care Services, Kindergartens and Outside School Hours Care Services)
• licensed children's services such as occasional care services
• schools and other educational institutions
• organisations that provide accommodation to children and young people, such as boarding schools and student hostels
• out-of-home care services
• community service organisations providing services for children
• hospitals and other health services
• government agencies or departments providing services for children
• municipal councils (for example those that deliver Maternal and Child Health services)
• sporting groups
• youth organisations
• charities and benevolent organisations providing services for children.

Grooming for sexual conduct with child under the age of 16 years - Sect 49M

The offence applies where an adult communicates, by words or conduct, with a child under the age of 16 years or with a person who has care, supervision or authority for the child with the intention of facilitating the child’s involvement in sexual conduct, either with the groomer or another adult.