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The Australian Government Royal Commission Into Institutional Responses Into Child Sexual Abuse delivered its final report in December 2017. This federal government inquiry was instituted due to multiple revelations of endemic child sexual abuse, especially in religious institutions, and cover-ups of this abuse. It had unprecedented scope, being conducted over 5 years, by six Commissioners, supported by funding of nearly $400 million. This presentation describes the nature of the Royal Commission and its activities. It summarises its major recommendations, and focuses on five major areas of progress and reform since its conclusion: the nature and operation of Australia’s National Redress Scheme; legislative reforms to civil statutes of limitation, which allow those who have experienced child sexual abuse to bring a claim at any time after the event; legislative reforms to duties to report known and suspected child sexual abuse; reforms to the regulation of child and youth-serving organisations, which require implementation of strategies to reduce the likelihood of child sexual abuse, and to ensure appropriate responses if it does occur; and the imperative to conduct a national study to generate benchmark data on the prevalence of child sexual abuse.

This was an invited presentation delivered to members of the UK House of Lords and other government and non-government stakeholders in May 2019. England and Wales do not have a legislative mandatory reporting duty to report child sexual abuse, and the presentation was requested to provide information about the nature of such laws, and their impact in lived experience, to inform future discussions about potential law reform. The presentation largely mirrored the invited presentation delivered by the same author to the England and Wales Independent Inquiry into Child Sexual Abuse, in April 2019. The first part of the presentation provides a general background to mandatory reporting laws for child sexual abuse. It explains the nature, origin and purpose of mandatory reporting laws, and situates them as one part of a child protection system, commonly adopted by countries worldwide. It discusses rationales for introducing a mandatory reporting law for child sexual abuse, and distinguishes duties under a mandatory reporting law from other duties to report child sexual abuse in law and policy. It then contrasts mandatory reporting laws for sexual abuse only, with reporting laws for other types of maltreatment (physical abuse, emotional abuse, neglect, and exposure to domestic violence). Important points are made about systemic responses to reports, and measures of effectiveness. The second part of the presentation discusses the impact of mandatory reporting laws for child sexual abuse in Australia. It discusses the findings of five different empirical studies into mandatory reporting laws for child sexual abuse at national and state levels, with these studies having been led by the author (citations of the published studies are provided). The studies’ findings provide insights into five important questions. First, what happens before and after introducing a mandatory reporting law for child sexual abuse, regarding numbers and outcomes of reports, investigated reports, and substantiated reports? Second, what are the long-term trends in numbers and outcomes of reports of child sexual abuse where mandatory reporting of child sexual abuse is introduced? Third, what is the difference in numbers and outcomes of reports of child sexual abuse in two comparable jurisdictions, where only one has a mandatory reporting law? Fourth, how do reports of child sexual abuse differ from reports of other kinds of abuse and neglect? Fifth, how do reports of child sexual abuse differ from reports of other kinds of abuse and neglect over time? Outcomes of all five studies indicate a mandatory reporting law for child sexual abuse will have significant positive effects on case identification and child protection, without causing intolerable systems burden

This article summarises important progress already made by the findings and reports of Australia's Royal Commission Into Institutional Responses to Child Sexual Abuse. It highlights what further reforms now need to be made. It then discusses the proposed Redress Scheme, explaining its principles, and advocating for refinements to ensure it functions optimally for survivors.

The Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission) is required to inquire into, among other things, ‘what institutions and governments should do to achieve best practice in encouraging the reporting of, and responding to reports or information about, allegations, incidents or risks of child sexual abuse and related matters in institutional contexts’. Across Australia, oversight bodies enable monitoring of aspects of child welfare, particularly for children in the care and protection system. For this report, the Royal Commission examined oversight bodies including ombudsmen offices (including children’s ombudsmen); reportable conduct schemes; children’s commissions; community visitors schemes ; child advocates and children’s guardians; and crime and misconduct commissions. In some instances, these agencies facilitate oversight and responses to child sexual abuse; in other instances , this facility is an implicit or consequential aspect of their authority. These bodies differ across jurisdictions in their form, scope and power. In addition, various regulatory mechanisms exist in Australia. For this report , the Royal Commission has examined regulatory bodies including non - government schools ’ accreditation boards ; early childhood and care regulators ; and medical sector regulators. In some instances, agencies ’ express purpose is to prevent or minimise the likelihood of child sexual abuse; in other instances , this function is an implicit or consequential aspect of their authority. These bodies also have different features across jurisdictions. To assist the Royal Commission in addressing its terms of reference, the report initially focuses on understanding the nature of these oversight and regulatory bodies . This is presented in Part 2 T h e report then assess es the efficacy of these bodies in protecting children from sexual abuse, focusing on institutional contexts. To fulfil the aims of the study as stated by the Royal Commission, this report covers narrow efficacy and broad efficacy . The report has been informed by regulatory theory , and has used legal analysis, policy analysis and public health research methods , to review and analyse literature for its evaluative purpose . Appendix 2 explains in more detail the concepts of narrow efficacy and broad efficacy, and how they are measured. In sum, the evaluation of narrow efficacy explores the presence and nature of key requirements enabling the protection of children from child sexual abuse in institutional contexts ; it does so through synthesis and doctrinal analysis . Broad efficacy is conceptualised as the effect in practice of the oversight or regulatory mechanism in protecting children from sexual abuse in institutional contexts . T he evaluation of broad efficacy asks whether the oversight or regulatory body achieves the policy goal of improving protection of children from sexual abuse in institutional contexts .

Nature of the study - National study, funded and supported by the federal government – this provided the impetus to obtain access to these primary government data; not normally made available in this format. - Collection, collation, analysis of data on notifications to CPS in each Australian State/Territory (8 jurisdictions), 2003-2012, for physical abuse, sexual abuse, emotional abuse, neglect. - Data: we accessed government CP agency administrative data of notifications of abuse / neglect (not child wellbeing reports), at the unique child level, deidentified. - Form of data: excel form showing variables of: Date of notification; numerical child identifier; gender; age; reporter occupation/relationship to child; primary form of abuse suspected; whether investigated; if investigated, whether substantiated (note: not ethnicity; not whether services were provided, or their nature). - Differences in data provided by S/T: some S/T systems had more extensive data (eg referral to services; unit record; 10 yrs); were more/ less willing to provide data; had more consistent data over time; were more sensitive to external analysis & publication (despite fed govt authority). - Study allowed identification of key trends in reporting and outcomes with more specificity than mere aggregation of notifications, outcomes (ie more sensitive than data normally published by govt, AIHW). explored trends in notifications, and their outcomes: - across jurisdictions, within jurisdictions - for all types of abuse/neglect; for distinct types of abuse/neglect - for all reporters combined (MR + NMR); MR only, NMR only; specific reporter groups - Purpose under contract to explore trends in MR to indicate areas of potential harmonisation by S/T govts.

In 2015 the QLRC is conducting an inquiry into whether to extend legislative mandatory reporting duties for physical abuse and sexual abuse to early childhood education and care practitioners. The current legislation does not require these practitioners to report suspected cases of significant harm from physical or sexual absue to child welfare agencies. Based on the literature, and a multidisciplinary analysis, our overall recommendation is that we endorse the extension to selected early childhood education and care practitioners of Queensland’s current mandatory reporting duty in the Child Protection Act 1999 s 13E.

This report presents the results of a study exploring the law and practice of mandatory reporting of child abuse and neglect in Western Australia. Government administrative data over a decade (2003-2012) were accessed and analysed to map trends in reporting of different types of child abuse and neglect (physical abuse, sexual abuse, emotional abuse, and neglect) by different reporter groups (e.g., police, teachers, doctors, nurses, family members, neighbours), and the outcomes of these reports (whether investigated, and whether substantiated or not). The study was funded by the Australian Government and administered through the Government of Victoria.

This report presents the results of a study exploring the law and practice of mandatory reporting of child abuse and neglect in New South Wales. Government administrative data were accessed and analysed to map trends in reporting of different types of child abuse and neglect (physical abuse, sexual abuse, emotional abuse, and neglect) by different reporter groups (both mandated reporters e.g., police, teachers, doctors, nurses, and non-mandated reporters e.g., family members, neighbours), and the outcomes of these reports (whether investigated, and whether substantiated or not). The study was funded by the Australian Government and administered through the Government of Victoria.

This report presents the results of a study exploring the law and practice of mandatory reporting of child abuse and neglect in Queensland. Government administrative data over a decade (2003-2012) were accessed and analysed to map trends in reporting of different types of child abuse and neglect (physical abuse, sexual abuse, emotional abuse, and neglect) by different reporter groups (both mandated reporters e.g., teachers, doctors, nurses, and non-mandated reporters e.g., family members, neighbours), and the outcomes of these reports (whether investigated, and whether substantiated or not). The study was funded by the Australian Government and administered through the Government of Victoria.

In 2015 the UN Secretary-General established an External Independent Review to review how the United Nations has responded to allegations of child sexual exploitation and child sexual abuse, and to make recommendations concerning how the United Nations should respond to allegations in the future. This submission to the Review Panel draws on literature regarding children's rights, the nature of child sexual abuse, international instruments and policy, the nature of institutional child sexual abuse, and the CAR case itself. It makes recommendations for reform of UN protocols and procedures to better prevent child sexual abuse, and to improve responses to future occurrences.

This report presents the results of a national study exploring the law and practice of mandatory reporting of child abuse and neglect. Government administrative data over a decade (2003-2012) were accessed and analysed to map trends in reporting of different types of child abuse and neglect (physical abuse, sexual abuse, emotional abuse, and neglect) by different reporter groups (both mandated reporters e.g., police, teachers, doctors, nurses depending on the jurisdiction, and non-mandated reporters e.g., family members, neighbours, depending on the jurisdiction), and the outcomes of these reports (whether investigated, and whether substantiated or not). The study was funded by the Australian Government and administered through the Government of Victoria.

This report presents the results of a study exploring the law and practice of mandatory reporting of child abuse and neglect in Victoria. Government administrative data over a decade (2003-2012) were accessed and analysed to map trends in reporting of different types of child abuse and neglect (physical abuse, sexual abuse, emotional abuse, and neglect) by different reporter groups (both mandated reporters e.g., police, teachers, doctors, nurses; and non-mandated reporters e.g., family members, neighbours), and the outcomes of these reports (whether investigated, and whether substantiated or not). The study was funded by the Australian Government and administered through the Government of Victoria.

This report presents the results of a study exploring the law and practice of mandatory reporting of child abuse and neglect in the Northern Territory. Government administrative data over a decade (2003-2012) were accessed and analysed to map trends in reporting of different types of child abuse and neglect (physical abuse, sexual abuse, emotional abuse, and neglect) by different reporter groups (e.g., police, teachers, doctors, nurses, vs family members, neighbours), and the outcomes of these reports (whether investigated, and whether substantiated or not). The study was funded by the Australian Government and administered through the Government of Victoria.

This report presents the results of a study exploring the law and practice of mandatory reporting of child abuse and neglect in Tasmania. Government administrative data over a nine year period (2004-2012) were accessed and analysed to map trends in reporting of different types of child abuse and neglect (physical abuse, sexual abuse, emotional abuse, and neglect) by different reporter groups (both mandated reporters e.g., police, teachers, doctors, nurses; and non-mandated reporters e.g., family members, neighbours), and the outcomes of these reports (whether investigated, and whether substantiated or not). The study was funded by the Australian Government and administered through the Government of Victoria.

This work conducts a comprehensive historical review and analysis of the legislative principles for mandatory reporting of child sexual abuse in each State and Territory of Australia. The research traces and explains all the significant changes in the development of the laws in each jurisdiction since their inception in 1969 to the year 2013. The research also identifies why the legislation changed in each jurisdiction, covering research into publicly available records, focusing on significant government inquiries and law reform reports, and parliamentary debates. The research is situated within a treatment of the modern discovery of child sexual abuse as a widespread phenomenon of significant public health concern.

Female genital cutting (also often called female genital mutilation, or female circumcision) is a cultural practice that originated thousands of years ago. Female genital cutting has various forms, some of which are more invasive than others, but all of which produce health, legal and social consequences for those involved. Due to patterns of immigration in Australia, especially since the 1990s, there are women in Australia who have experienced female genital cutting. There may be some families, or some parents, who still hold a cultural commitment to female genital cutting. As a result, female genital cutting presents complex legal, ethical, medical and social challenges in contemporary Australian society. Medical practitioners and other health and welfare workers may encounter women who have experienced genital cutting and who require treatment for its sequelae. Currently, legislative frameworks for female genital cutting vary across states and territories, including the penalties for conducting it, and for removing a child for the purpose of conducting it outside Australia. This presentation provides an overview of the history, nature and consequences of the various forms of female genital cutting, and of the major Australian legal principles, ethical controversies, and medical, legal and social challenges in this field.

This chapter identifies ways in which laws are capable of responding to child maltreatment, both as an immediate regulator of conduct, and as an influence on a society’s cultural development and approach to children’s welfare. Informed by practices and experiences in selected common law systems, the chapter provides examples of legal mechanisms that can inform discussion of optimal strategies to identify and manage child maltreatment in many different societies. Both positive and negative aspects of these mechanisms are noted. While controversies arise as to what kinds of laws are best in preventing and responding to child maltreatment, and even, more fundamentally, whether there is a role for law in protecting children, this chapter offers evidence that a variety of legal tools can be employed to address child abuse and neglect, for any cultural setting in which there is willingness to act to prevent and treat its various forms.

In the United Kingdom, recent investigations into child sexual abuse occurring within schools, the Catholic Church and the British Broadcasting Corporation, have intensified debate on ways to improve the discovery of child sexual abuse, and child maltreatment generally. One approach adopted in other jurisdictions to better identify cases of severe child maltreatment is the introduction of some form of legislative mandatory reporting to require designated persons to report known and suspected cases. The debate in England has raised the prospect of whether adopting a strategy of some kind of mandatory reporting law is advisable. The purpose of this article is to add to this debate by identifying fundamental principles, issues and complexities underpinning policy and even legislative developments in the interests of children and society. The article will first highlight the data on the hidden nature of child maltreatment and the background to the debate. Secondly, it will identify some significant gaps in knowledge that need to be filled. Thirdly, the article will summarise the barriers to reporting abuse and neglect. Fourthly, we will identify a range of options for, and clarify the dilemmas in developing, legislative mandatory reporting, addressing two key issues: who should be mandated to report, and what types of child maltreatment should they be required to report? Finally, we draw attention to some inherently different goals and competing interests, both between and within the various institutions involved in the safeguarding of children and the criminal prosecution of some offenders. Based on this analysis we offer some concluding observations that we hope contribute to informed and careful debate about mandatory reporting.

As part of the effort to protect children from significant abuse and neglect, each state and territory in Australia has enacted legislation commonly known as "mandatory reporting laws". There is much confusion about the nature and effects of these laws, both generally and within each jurisdiction. Accordingly, the main aim of this chapter is to review and explain the legislative principles across Australia. In doing so, the chapter will identify differences between the state and territory laws and will situate the laws as part of a system of responses to the whole spectrum of child abuse and neglect. We will also highlight the need for effective reporter training and public awareness, especially given the tension between the widely perceived need for a community response to child abuse and neglect and the simultaneous concern to avoid unnecessary reporting of innocuous events and situations.

Female genital mutilation (FGM) is a cultural practice involving the deliberate, non-therapeutic physical modification of young girls’ genitalia. FGM can take several forms, ranging from smaller incisions, to removal of the clitoris and labia, and narrowing or even closing of the vagina. FGM predates and has no basis in the Koran, or any other religious text. Rather, it is a cultural tradition, particularly common in Islamic societies in regions of Africa, motivated by a patriarchal society’s desire to control female bodies and lives. The primary reason for this desire for control is to ensure virginity at marriage, thereby preserving family honour, within a patriarchal social structure where females’ value as persons is intrinsically connected to, and limited to, their worth as virgin brides. Recent efforts at legal prohibition and practical eradication in a growing number of African nations mark a significant turning point in how societies treat females. This shift in cultural power has been catalysed by a concern for female health, but it has also been motivated by an impulse to promote the human rights of girls and women. Although FGM remains widely practiced and there is much progress yet to be made before its eradication, the rights-based approach which has grown in strength embodies a marked shift in cultural power which reflects progress in women’s and children’s rights in the Western world, but which is now being applied in a different cultural context. This chapter reviews the nature of FGM, its prevalence, and health consequences. It discusses recent legal, cultural and practical developments, especially in African nations. Finally, this chapter raises the possibility that an absolute human right against FGM may emerge.

The Young People and Sexting in Australia report presents the findings of a qualitative study of young people's understandings of, and responses to, current Australian laws, media and educational resources that address sexting. While there are many definitions of sexting, for the purposes of this report we are referring to the production and distribution of naked or semi-naked photographs via mobile phones and social media. The project involved a review of both international local and academic research as well as popular media addressing sexting, and a review of educational resources for young people. Three focus groups were conducted with young people aged 16 and 17 in 2012, and a working paper based on those findings was then distributed to adult stakeholders in the fields of law enforcement, youth and children's legal support, education, criminology, media and communications, youth work, youth health care, counseling and youth health promotion. This report therefore draws on both the focus group discussions, and a workshop consultation with the adult stakeholder group.

In 1962, Dr C. Henry Kempe and his colleagues published the single most important article written to date about child maltreatment: The Battered-Child Syndrome. This chapter analyses the threefold nature of what these authors achieved: clearly identifing the medical evidence of severe child physical abuse and naming it as a syndrome; identifying the medical profession's resistance to its identification; and then translating their scholarship into advocacy for social and legal change. The chapter also traces some of the effects of Kempe's work, including the nature and effect of the subsequent introduction of mandatory reporting laws in the USA and internationally.

In this Issues Paper, I raise some key points relevant for any government which is considering its child protection and family welfare policy. In particular, I will raise questions about whether a form of legislative reporting duty is required, and if so, what consequences this has for child protection. The context of child maltreatment - and each form of maltreatment: physical abuse, sexual abuse, psychological or emotional abuse, and neglect - is extremely complex, and the overarching question of how to deal with these phenomena involve challenging normative, economic and practical questions. There are no easy or perfect solutions. Nor, often, is there the amount and quality of evidence available on which public policy approaches should be devised. However, from the best evidence about the history of this context, from research conducted in this field, and from the best evidence available about the nature, incidence and effects of different subtypes of maltreatment, some observations can be made which may help to inform deliberations. I outline 10 key issues related to mandatory reporting legislation while being mindful of the New Zealand context. My view, based on both research evidence and a concern to protect and promote children’s interests, and society’s interests, is that reporting laws in some form are necessary and can contribute substantially to child protection and enhancing family and community health and wellbeing. However, they are only one necessary part of a sound child protection system, being a method of tertiary and secondary prevention, and primary prevention efforts must also be prioritised. Moreover, it is essential that if a legislative reporting duty is enacted, it must be designed carefully and implemented soundly, and it must be integrated within a properly resourced child protection and family welfare system.

This chapter describes the features of different Australian State and Territory laws and policies about child neglect. It makes observations about three major domains of law and policy: laws about child neglect to enable protection of children who are suffering severe neglect (child protection laws); laws and policies about the provision of services for children and their families when experiencing neglect (support-oriented laws and policies); and criminal laws about child neglect.

Female genital mutilation (FGM) is a cultural practice common in many Islamic societies. It involves the deliberate, non-therapeutic physical modification of young girls’ genitalia. FGM can take several forms, ranging from less damaging incisions to actual removal of genitalia and narrowing or even closing of the vagina. While often thought to be required by religion, FGM both predates and has no basis in the Koran. Rather, it is a cultural tradition, motivated by a patriarchal social desire to control female bodies to ensure virginity at marriage (preserving family honour), and to prevent infidelity by limiting sexual desire. In the USA and Australia in 2010, peak medical bodies considered endorsing the medical administration of a ‘lesser’ form of FGM. The basis for this was pragmatic: it would be preferable to satisfy patients’ desire for FGM in medically-controlled conditions, rather than have these patients seek it, possibly in more severe forms, under less safe conditions. While arguments favouring medically-administered FGM were soon overcome, the prospect of endorsing FGM illuminated the issue in these two Western countries and beyond. This paper will review the nature of FGM, its physical and psychological health consequences, and Australian laws prohibiting FGM. Then, it will scan recent developments in Africa, where FGM has been made illegal by a growing number of nations and by the Protocol to the African Charter on Human and Peoples’ Rights 2003 (the Maputo Protocol), but is still proving difficult to eradicate. Finally, based on arguments derived from theories of rights, health evidence, and the historical and religious contexts, this paper will ask whether an absolute human right against FGM can be developed.

The phenomenon of child sexual abuse has significant implications for teachers’ pre-service training and professional development. Teachers have a pedagogical role in dealing with abused children, and a legal and professional duty to report suspected child sexual abuse. Teachers require support and training to develop the specialised knowledge and confidence needed to deal with this complex context. This article explains the social context of child sexual abuse, its health and educational consequences, and the legal context, showing why teachers require this specialised training. It then reports on findings from an Australian study into the amount of training received by teachers about child sexual abuse, and teachers’ satisfaction with that training. Results have implications for teacher training strategies in pre-service and in-service settings.

Teachers have a crucial role as “sentinels” for children who have been abused or neglected. This professional development session will provide a framework for understanding the types, incidence and causes of child abuse and neglect, and teachers’ role in reporting suspected cases. The session will provide participants with knowledge and skills to enable them to identify warning signs and indicators of child abuse and neglect, know the basis of their duties to report suspected cases of abuse and neglect, and respond to the needs of abused and neglected children at school. The presentation will focus on: • the reasons why child abuse and neglect can occur; • the different types of child abuse and neglect and their effects on children; • the warning signs and indicators of physical abuse, emotional abuse, sexual abuse and neglect; • applying knowledge of indicators to make judgements about risk of harm; • responding to indications of risk of harm, including complying with legislative and policy-based duties to report suspected child abuse and neglect.

This chapter provides a comprehensive and up-to-date treatment of legislative provisions and common law principles regarding children and the law of consent to medical treatment. When can children provide their own consent? Can parents consent on behalf of their children, and if so, under what circumstances and why? Is court authority ever required, and if so, when, and why? What new contexts are providing fresh challenges to legal principles, parents, medical practitioners, and most importantly, children?

As a strategy to identify child sexual abuse, most Australian States and Territories have enacted legislation requiring teachers to report suspected cases. Some Australian State and non-State educational authorities have also created policy-based obligations to report suspected child sexual abuse. Significantly, these can be wider than non-existent or limited legislative duties, and therefore are a crucial element of the effort to identify sexual abuse. Yet, no research has explored the existence and nature of these policy-based duties. The first purpose of this paper is to report the results of a three-State study into policy-based reporting duties in State and non-State schools in Australia. In an extraordinary coincidence, while conducting the study, a case of failure to comply with reporting policy occurred with tragic consequences. This led to a rare example in Australia (and one of only a few worldwide) of a professional being prosecuted for failure to comply with a legislative duty. It also led to disciplinary proceedings against school staff. The second purpose of this paper is to describe this case and connect it with findings from our policy analysis.

Primary and secondary schools are subject to many different forms of legal regulation. Across Australian jurisdictions, there are lengthy statutes devoted to regulating schools. As well, many other statutes apply schools, such as those relating to criminal law, defamation law and discrimination law. Many common law rules, including those related to negligence, apply to disputes occurring commonly in school contexts. Non-government schools also have obligations under contract law concerning their treatment of students. State and territory education departments, and non-government schools and their authorities, have developed numerous policies concerning different situations which potentially involve legal liability. With over 9600 schools in Australia in 2006, having nearly 240,000 full-time equivalent teaching staff and almost 3.4 million full-time school students,1 the increasingly complex legal context adds challenging demands for teachers, principals, managers and educational administrators as well as parents and children. Several recent books have been published which explore many of these legal issues in detail, demonstrating the growing importance of the law in primary and secondary education.2 This chapter will provide insights into selected areas that are both significant legally, and which appear to be of particular relevance to children‘s education, as well as to teachers and schools. Consequently, we will focus mainly on the liability of schools to students in negligence, and on issues regarding the disciplining of students. Both within and beyond these topics, contentious issues and areas of likely or desirable reform will also be noted.

Governments throughout Australia are increasingly engaged with the complex, multifaceted and costly problems of child abuse and neglect. At least three massive challenges exist: 1. how to prevent a child from being abused and or neglected before it initially happens; 2. how to detect abuse and neglect at an early stage to protect the child and enable the provision of assistance to the child, the parents and family; and 3. how best to respond to different cases, whether formally substantiated or not. All three challenges face legislators, policymakers, public administrators and many practitioners in social work, health, education and law enforcement. Further, these challenges involve difficult issues of philosophy, law, government, and social work and case management practice. Philosophical issues include, for example, those regarding when and how it is appropriate for the State to intervene in family life. Legal issues include how to design appropriate and effective ways for legislation to enhance the early reporting of cases of abuse and neglect, and how to ensure that court orders are appropriate and effective in any given case. Even more fundamental is the issue of what a government defines as sufficient ‘abuse’ and ‘neglect’ for various purposes, including when child protective services are warranted. There are pressures on government, including matters of policy leadership, decisions about financial resourcing, challenges of administration including ensuring effective case intake and assessment, demands for service provision, and ongoing requirements to monitor practice and to conduct evaluative research. For those involved in social work or case management, there are issues concerning what interventions are most effective and most cost-effective in responding to different types of abuse and neglect, both regarding the child, the child’s parents, and the child's family. As well, workers in the field unfortunately have to deal with an innately difficult context in which to work, and cope with seemingly inevitable understaffing and resource shortage. It would be difficult to do justice to such complex and multifaceted problems in a full-length book, and the situation is further complicated by each State and Territory having its own child protection system, rather than there being one national system. Accordingly, this chapter introduces just some of the key areas of legal regulation concerning the protection of children from abuse and neglect, and points to some of the most urgent questions facing legislators, policymakers and practitioners.

Purpose Some recent criticisms of mandated reporting laws have argued that they produce large numbers of unsubstantiated reports, which places stress on child protective services, wastes limited government resources, and reduces the quality and even the presence of service to children who are already known to be abused or neglected. Some critics have even claimed that mandated reporting is now unjustifiable on the basis that disclosure of cases of abuse and neglect is not the primary problem facing child protection systems. This paper addresses these claims, presenting the results of an analysis of law, children's rights, economic and medical evidence, and government data on reporting. Methods The authors use theories of children's rights, and three sources of evidence to assess whether a system of mandatory reporting is justifiable. The three sources of evidence are empirical data from governments in the USA, Canada and Australia about the origin of disclosures of substantiated cases of abuse and neglect; economic evidence about the impact of abuse and neglect; and medical evidence regarding the consequences of abuse and neglect. Results After analysing this evidence, and with children's rights to safety as the primary concern, the authors argue that a child protection system needs some form of case identification beyond voluntary help-seeking, that mandated reporting systems in the USA, Canada and Australia are proven to produce a large number of substantiated reports, and that the social, economic and health-related advantages of mandated reporting outweigh the disadvantages. Conclusions Some type of system of mandated reporting is required to protect children's rights to safety and health, and to assist parents and families, because without such a system, many cases of abuse and neglect simply will not come to the attention of authorities and helping agencies.

Purpose Mandatory reporting laws are a central part of many governments’ strategy to detect cases of abuse and neglect, protect children and their rights, and facilitate service provision to children and families. These laws have developed over many years in the USA, Canada, and Australia. Different developments in these laws mean they now feature significant differences, both within and between these nations, so that some states have cast a broader reporting net than others. This paper summarizes the results of an analysis of mandatory reporting legislation in these three countries. Methods The authors accessed child protection legislation in every jurisdiction in the USA, Canada and Australia via online legislative databases maintained by state, territory and province legislatures. Legal analysis enabled the extraction of relevant information about the scope of the legislative duties to report suspected child abuse and neglect. Results Four components of the laws have significant differences: which persons are mandated reporters; what types of abuse and neglect they are required to report (including emerging types of abuse such as exposure to domestic violence, and exposure to drug-related activity); what extent of suspected harm is required to activate the reporting duty; and whether reports are required only of past abuse or neglect, or also of suspected risk of future abuse or neglect that has not yet occurred. Conclusions Comparison of the laws reveals differences which would appear to affect reporting practice and hence disclosure of cases of child abuse and neglect. The analysis highlights issues facing legislatures and policymaking bodies in countries already having reporting laws, regarding the preferred scope of the law. Findings are also instructive for any jurisdiction that is developing reporting laws and for jurisdictions which may in the future choose to design a system of mandatory reporting.

The legal environment in which schools operate and teachers work is increasingly intrusive. There are more statutes, more cases, more regulations, more departmental policies. The law is more complex and compliance is more difficult. Breaches are more serious, more heavily penalised and noisily publicised. In this book, Professor Des Butler and Dr Ben Mathews analyse the major legal issues confronting schools across Australia, and provide clear, accessible statements of the current legal principles involved. They enable readers to understand what the law is and how it is likely to apply in particular situations. Each chapter covers both legislation directly regulating schools, for example, the obligation on school staff to report suspected child abuse and neglect, and general statutes that apply in educational contexts such as discrimination laws. They also analyse the growing body of case law relating to incidents at schools or involving schools. The book uses an accessible, reader friendly style making it suitable for teachers, policy makers and the wider school community as well as legal practitioners.

A recent article advanced the argument that New South Wales mandatory reporting legislation requiring teachers to report suspected child abuse operates to require harm caused to children by school bullying to be reported by teachers to government child protection agencies. The article raises important issues concerning the nature and scope of mandatory reporting legislation in New South Wales and throughout Australia. In this article, we explore the argument's strengths and weaknesses. We conclude that, due to the nature and context of mandatory reporting laws, the nature of child protection systems, the differences between abuse perpetrated by parents or caregivers as opposed to bullying inflicted by children, and the presence of schoolbased responses to bullying, the more persuasive view is that the laws do not and should not require harm caused by school bullying to be reported by teachers to government child protection agencies.

The evolution of mandatory reporting laws requiring Australian teachers to report child sexual abuse has a chequered history. Broadly, there now are three different legislative models in Australia’s eight jurisdictions, with six having a strong reporting duty, one having a uniquely restricted duty, and one having no reporting duty. Little empirical research has been conducted into the impact of the different laws on reporting practice, although the research that has been done indicates problems that may produce significant numbers of unjustified reports, and significant occurrences of failure to report deserving cases. Research needs to be done to thoroughly assess the impact of the different laws on reporting practice, and to assess teacher preparation and reporting practice throughout Australia.

Typical consequences of child sexual abuse, particularly post-traumatic stress disorder (‘PTSD’), prevent many survivors of this abuse bringing civil legal proceedings within the statutory time limit. On discovering the nature and extent of their psychiatric injury, or its connection with the abuse, survivors may apply to the court for an extension of time to allow their claim to proceed. Outcomes of these applications often turn on judgments about the survivor’s knowledge of the injury and its cause, and about whether the survivor has taken reasonable steps to discover the nature, extent and cause of their injuries. Reported cases of applications for extensions of time in this context are rare, but Queensland has an emerging body of decisions. These cases demonstrate that judgments about the issues of knowledge and reasonable conduct are made without considering evidence about the symptomatology of PTSD, especially the avoidance criterion. This article summarises the consequences of child sexual abuse, focussing on PTSD, before outlining the statutory provisions for extensions of time. Case studies of applications by survivors with PTSD to extend time are then synthesised. The psychological evidence is used as a standard against which to analyse judicial reasoning about survivors’ knowledge and ‘reasonable’ conduct. Finally, the question of whether PTSD can constitute a legal disability in the context of an application for an extension of time is addressed. Because similar questions are raised by extension provisions in nearly all Australian jurisdictions, the analysis in this article has implications for future cases in both Queensland and other jurisdictions.

The Ipp Review of the Law of Negligence made several recommendations concerning time limitation periods within which civil claims may be instituted. Among these was a recommendation for a special limitation period for cases where a child is injured by a parent or a person in a close relationship with the child’s parent, recognising the unfairness of a standard limitation period for these cases. New South Wales and Victoria have enacted legislative changes pursuant to this recommendation, giving much more time to commence litigation where a child is injured by a parent or a parent's 'close associate'. These provisions provide particular relief to plaintiffs in many cases of child abuse. This article examines these provisions and their rationales, and explores how they will operate. It will be argued that other jurisdictions should follow the lead of New South Wales and Victoria to eliminate unjustifiable jurisdictional differences in access to justice.

As Australian society witnesses an increasing number of revelations of child sexual abuse, and as more cases come before the courts, the question of legal redress for adult survivors of abuse becomes ever more pressing. Due to the psychological sequelae of abuse, adult survivors are often unable to institute proceedings within statutory time limits, and case law demonstrates significant difficulties in obtaining an extension of time in which to proceed. The statutory time limits and the courts' application of extension provisions often operate to deny legal remedies to these plaintiffs. This article uses psychological evidence to evaluate the current Australian provisions, with a particular focus on recent Queensland case law, and examines the justifiability of the rationales for limitation periods in this context.

This article explains Australian legal principles attributing criminal responsibility to children, emphasising the qualities the law deems relevant and irrelevant for this purpose. Drawing on evidence from developmental psychology, the article argues that these principles result in inaccurate and unsound imputations of responsibility and irresponsibility. As well, the article explores theories of moral agency, and psychological evidence about the development of key psychosocial skills (especially empathy, and control of impulses), to inquire whether and under what circumstances it is ethically justifiable to ascribe criminal responsibility to a child offender to then justify sentences of detention. It is concluded that a consideration of qualitative differences in young offenders leads to the realisation that in nearly all cases, sentences other than detention are more ethically, theoretically and practically justifiable.

Jacques Derrida recognised the utility of his ideas to legal critique, and urged a deconstructive approach to law and justice. This discussion first acknowledges Postmodern ideas and Derrida’s notion of différance, which justify the need for a deconstructive attitude. Deconstruction’s motives of responsibility and increased justice are explored. Deconstruction’s diagnostic value in legal critique is endorsed, and examples of its use in legal critique and reconstruction are suggested. However, weaknesses are also noted, particularly Derrida’s claim that deconstruction secures justice. By deepening perceptions of entrenched legal principles, deconstruction is a valuable experience. Yet beyond deconstruction’s necessary diagnostic step, further strategies are required to inspire change.

Australian law marks the transition from a protected state of childhood and legal incapacity to a state of liberated adulthood and legal responsibility in many facets of life. The law says at what age an individual acquires legal capacity to make contracts, have sexual intercourse, consent to medical procedures, marry, consume legal drugs, drive a motor vehicle, and participate in elections. These changes in legal personality are not catalysed by merit or personal characteristics, but by the expiry of a span of time from each individual’s date of birth. The ages at which law sets these capacities is informed by historical habits, changing perceptions of children, and by other factors such as social climate, realpolitik and economics. Yet, since individual human beings develop at different rates – physically, intellectually, psychologically and emotionally – it is clear that the law’s conferral of rights and imposition of responsibilities occurs at inappropriate times for many individuals. This discussion sets out the Australian law ascribing criminal responsibility to children. It recognises the problems inherent in the Australian laws, and then outlines some of their legal consequences. These consequences include the low age of criminal responsibility in Australia compared with other nations, and the bareness of the law’s inquiry into when a child is criminally responsible, in many cases deciding the issue simply by age, and at most only seeking to assess the offender’s cognitive state. These legal principles demand an examination of psychological and human rights issues. This article refers to developmental psychological evidence to demonstrate that it is theoretically impossible and morally unjustifiable to measure criminal responsibility only by age. Finally, the Australian legal position is contrasted with international law’s promotion of children’s rights.