Reporting Laws and Requirements - VIC

Definition of a Child
Notes:

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Child

The Children, Youth and Families Act 2005 defines a child as any person under the age of 18 years. You can only report concerns about a child.

A child is in need of protection when:

  • the child has been abandoned by their parents and the parents can’t be found, or they are dead or incapacitated, and there is no other suitable person who is willing and able to care for the child, or
  • the child has suffered or is likely to suffer
    • significant harm as a result of physical injury or sexual abuse or
    • emotional or psychological harm of such a kind that the child's emotional or intellectual development is, or is likely to be, significantly damaged
    • AND the child’s parents have not protected, or are unlikely to protect the child from harm of that type
  • ​the child's physical development or health has been, or is likely to be, significantly harmed and the child's parents have not provided, arranged or allowed, or are unlikely to provide, arrange or allow the provision of basic care or effective medical, surgical or other remedial care.

The harm can be caused by a single act or omission or an accumulation of acts or omissions.

 

Information:

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A child is defined in different ways for different purposes under the Children, Youth and Families Act 2005.

For the purposes of Child Protection a child is any person under the age of 18 years

The definition of when a child is in need of protection will be important for your reporting purposes.

The definition is quite long and we’ve simplified it here for you – but to make it even easier to remember, there are really three broad reasons a child is in need of protection –

  • if they’ve been abandoned, or
  • if they’ve been abused sexually, physically or emotionally, or
  • if they're being denied medical treatment.