Reporting Laws and Requirements - VIC
Children, Youth and Families Act 2005
Section 189 - Reporters Protected AND
Section 40 - Reporters and Referrers Protected
- state that if you make a report in good faith you have not breached any professional code or standard, and you can’t be sued or prosecuted because of it.
The report doesn't have to be correct, and the abuse doesn't have to be substantiated. So long as you made the report believing it was not false or misleading, then you are covered by this section.
Now another big fear people have about reporting abuse, is they think they might end up being sued or they could suffer some other consequences for breaching professional codes of ethics etc. This is not the case.
Children, Youth and Families Act 2005: Section 189 - Reporters Protected and Section 40 - Reporters and Referrers Protected, state that a report to either DFFH or The Orange Door made in good faith is not unprofessional conduct or a breach of professional ethics, and you aren’t civilly or criminally liable because of it – this means you can’t be sued or prosecuted because of making the report.
Remember –making a report in good faith doesn’t mean that the information you gave has to be correct – just that at the time when you gave the information you believed it was not false or misleading and you gave the information honestly and after some consideration. This is why it’s important also for you to keep, where practicable, written records and documents of the information you provided and your reasons for making the report.