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This advice is endorsed by the: Assistant Director, Child Protection Policy, Practice and Planning.
This Advice is current only if the date of Advice in this document matches the date of Advice in the online
version. Check the date of Advice on line before relying on this printed copy.
Legislation
Note: Use the Legislation link on toolbar to access full text versions of the legislation. Any sections of an Act
noted in this Advice are partial references only and should not be relied on. Practitioners should refer to the Act
for full details.
Mandated professionals
Doctors, nurses, midwives, teachers and principals, and police are mandatory reporters under s. 182, CYFA.
These are the only groups currently mandated. Although the Act makes provision for a number of other
professional groups to be mandated, the date that these provisions will commence has not yet been proclaimed.
Forming a belief
To form a belief, the reporter must be aware of matters and hold any opinions in relation to those matters that
lead them to reasonably believe a child is in need of protection (s. 186, CYFA).
Reasonable grounds
A 'belief on reasonable grounds' is formed if a reasonable person in the same position would have formed the
belief on the same grounds. (s. 184(4), CYFA)
Reporting a belief
Section 184(1), CYFA, requires mandated reporters to report their belief, when the belief is formed in the course
of practising their profession. A report must be made as soon as practicable after forming the belief, and on
each occasion on which they become aware of any further reasonable grounds for the belief.
There may be times when two or more mandated professionals, for example a teacher and a principal, or a
doctor and a nurse, have formed a belief about the same child on the same occasion. In this situation it is
sufficient that only one of the mandated professionals make a report. The other is obliged to ensure that the
report has been made and that all the grounds for their own belief were included in the report made by the other
person (s. 184(2)).
In the case where one mandated professional directs another mandated professional not to make a report, and
one professional continues to hold the belief that a child is in need of protection, then that professional is legally
obliged to make a report to Child Protection.
Failure to report
A mandated professional who fails to report a 'belief based on reasonable grounds that a child is in need of
protection' because of physical or sexual abuse is liable to be prosecuted under s. 184(1), CYFA.
Related Content:
1090 - Information sharing in Child Protection practice
1141 - Family Court or Federal Magistrates Court - reports and requests
1154 - Receiving and processing reports
Any region specific protocol
Protocol between Child Protection and the Royal Children's Hospital 2005 [PDF, 1.4 MB]
Protocol between Child Protection and Victoria Police [PDF, 402.6 KB]
Protecting the safety and wellbeing of children and young people: a joint protocol of the Department of Human
Services Child Protection, Department of Education and Early Childhood Development, Licensed Children's
Services and Victorian Schools [PDF, 1.3 MB]
Step by step guide to making a report to Child Protection or Child FIRST [PDF, 326.4 KB]
External Links:
Child Protection and Care, 2002,
'Responding to child abuse' , Victorian Government Publishing Service, Melbourne
Child Protection and Care, 2001, 'Safe From Harm: The role of professionals in protecting children and young
people' , Department of Human Services, Melbourne (a professional development kit)