REMOTE HEALTH ATLAS Section 2: DEPARTMENTAL & BRANCH INFORMATION

MANDATORY REPORTING - OVERVIEW

MANDATORY REPORTING - OVERVIEW

1. General Information

Mandatory Reporting refers to the legal requirement to report to authorities, which may apply to the general public, health practitioners and/or other professions. This is mandated by legislation and provides the conditions when a prescribed authority must be notified, for example when there is a suspicion or knowledge of child abuse or neglect. Penalties may apply for failure to comply with the mandated obligation. The people mandated to report, and the abuse types for which it is mandatory to report vary across Australian States and Territories. All remote health staff should be aware of mandatory reporting requirements in the Northern Territory (NT) as provided in the Care and Protection of Children Act, Domestic and Family Violence Act, Notifiable Diseases Act and Firearms Act. Specific information related to mandatory reporting potentially affecting remote practitioners is detailed in relevant Atlas Items, namely: Mandatory Reporting Children, which provides information regarding mandatory reporting under the Care and Protection of Children Act. This Act requires that any person who believes on reasonable grounds that a child has been or is likely to suffer harm or exploitation or other wise has been or is likely to be the victim of a sexual offence, as soon as possible after forming that belief, report (orally or in writing) that belief and any knowledge or factual circumstances on which that knowledge is based (section 26). This is based on the premise that all people have a responsibility to keep children safe. Domestic & Family Violence, which provides information regarding mandatory reporting under the Domestic and Family Violence Act. All adults in the NT must report abuse that occurs in a domestic relationship and has caused serious physical harm or where there is a serious or imminent threat to the life or safety of a person. This is based on the belief that everyone has a responsibility to prevent domestic and family violence and assist victims and their children from violence. Notifiable Diseases, which provides information regarding mandatory reporting and related legal considerations under the Notifiable Diseases Act. This Act requires Medical Officers to report suspected or confirmed cases of notifiable diseases for clients under their care. Under Age Sexual Activity and Sexual Abuse Under 18s, provides complementary information regarding mandatory reporting under the Care and Protection of Children Act for sexual activity involving people under the age of 18. Generally any person under 18 years who is at risk of harm or exploitation must be reported with specific mandatory reporting requirements for people aged less than 14 years, those aged 14 to 15 years and those aged 16 to 17 years.

While there is no separate Atlas document, the Firearms Act presents a further mandatory reporting requirement. Under the Firearms Act (Section 101), based on reasonable grounds, a health practitioner within the meaning of the Health Practitioners Act or a professional counsellor or social worker must report to the Police the belief and the material facts on which the belief is based that in the interests of public safety, a person is not a fit and proper person to have a firearm in his or her possession or control. When acting in good faith, the reporter is not civilly or criminally liable, and if a professional, is not in breach of any professional code of conduct, professional etiquette, ethics or confidence when making a report or disclosing information.
Developed by: Professional Practice Group Endorsed by: Professional Practice Coordinator Release Date: January 2010 Page 1 Reviewed: Next Review: January 2013

REMOTE HEALTH ATLAS Section 2: DEPARTMENTAL & BRANCH INFORMATION

MANDATORY REPORTING - OVERVIEW

2.
Nil.

Definitions

3.
3.1 3.2 3.3

Responsibilities
All Remote Health Staff Abide by legislative and regulatory requirements in relation to Mandatory Reporting All Managers Be familiar with relevant legislation regarding Mandatory Reporting obligations Ensure all staff are aware of their legal obligations under relevant Acts Remote Health Branch Executive Ensure all staff are provided with information regarding their legal obligations for Mandatory Reporting as required by relevant Acts

4.

Procedure

See relevant atlas items (listed below).

5.

Forms

See Forms in relevant Atlas Items.

6.

References and Supporting Documents

Related Atlas Items: Domestic & Family Violence Mandatory Reporting Children Notifiable Diseases Sexual Abuse Under 18s Under Age Sexual Activity Information Sheet: Mandatory Reporting Requirements Notifiable Conditions to be Reported in the NT Care and Protection of Children Act Domestic and Family Violence Act Firearms Act Health Practitioners Act Notifiable Diseases Act

Developed by: Professional Practice Group Endorsed by: Professional Practice Coordinator Release Date: January 2010

Page 2

Reviewed: Next Review: January 2013