Reporting Laws and Requirements - VIC
“Believe on Reasonable Grounds, or Know”
Children, Youth and Families Act 2005 states that a belief is a belief on reasonable grounds if a reasonable person in the same position as the reporter at work , would have formed the belief on those grounds.
It also says that “grounds for a belief” are:
- matters of which a person has become aware;and
- any opinions based on those matters.
In the next section on reporting we discuss how you could form a suspicion on reasonable grounds.
The law talks about reporting abuse when you "believe on reasonable grounds”. You do not have to prove that the abuse actually occurred to make a report – just that you had a belief based on reasonable grounds. Children, Youth and Families Act 2005 defines “a belief on reasonable grounds” as a belief that a reasonable person in the same job as you would have formed for the same reasons. Grounds for a belief consist of matters you’ve become aware of and your opinions about those matters – but they have to be opinions that a reasonable person in your circumstances would have.
So basically, your belief needs to be based on more than a guess, or a feeling or inkling, or a rumour you heard at the local RSL - and the grounds or reasons for your suspicion shouldn’t be influenced by your personal feelings such as a dislike for the child’s parents or your own personal childhood experiences.
There are four times when you will form a reasonable suspicion and we discuss these further in the next lesson on reporting – but they are:
1. If a child tells you they’ve been abused.
2. If you see a child being abused.
3. If your own observations of the child’s physical condition or behaviours, or a parent or caregiver’s behaviours, cause you to believe a child has been or is being abused.
4. If another person tells you a child is being or has been abused (remember that the other person could be a child).
