As a mandatory reporter, if you believe on reasonable grounds that a child has suffered or is likely to suffer significant harm as a result of physical injury or sexual abuse, you have a legal obligation to report.

For Vicotiran mandate reporters, it is a criminal offence failing to report any reasonable belief that a child under 16 has been sexually abused.

A ‘reasonable belief’ is not the same as having proof. A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds.

For example, a ‘reasonable belief’ might be formed when:

• a child states that they have been sexually abused
• a child states that they know someone who has been sexually abused (sometimes the child may be talking about themselves)
• someone who knows a child states that the child has been sexually abused
• professional observations of the child’s behaviour or development lead a professional to form a belief that the child has been sexually abused
• signs of sexual abuse lead to a belief that the child has been sexually abused.

A person will not be guilty of the offence if he or she has a reasonable excuse for not disclosing the information. A reasonable excuse includes:

• fear for safety
• where the information has already been disclosed.

The maximum penalty for failing to disclose child sexual abuse is 3 years imprisonment.

If you need to report an offence that requires immediate police attention, please call Victoria Police: 000
If you suspect on reasonable grounds that a child is suffering abuse or neglect or you wish to discuss your concerns about a child or young person, you should telephone:
Your local Child Protection office, click here for further information and contact numbers.
Child Protection Crisis Line: 131 278. This is an emergency service after-hours line. Opening hours: 5 pm- 9 am, Monday- Friday. During Saturday, Sunday and public holidays the line is open 24 hours.
National Child Abuse Helpline: 1800 99 10 99. This helpline operates Monday to Friday, 9am-5pm AEST.

The planned new rules on day-care employees and other people working with children are part of a raft of government responses to the federal government’s Royal Commission into Institutional Responses to Child Sexual Abuse, which was set-up in 2013 and published its final report in December 2017.

Reference:
"Victorian Educators - Mandatory To Report Child Abuse" Aussie Childcare Network, 13th July 2018