Bibliography

Mandatory reporting

Ainsworth, Frank; Hansen, Patricia.
Five tumultuous years in Australian child protection: little progress.
Child and Family Social Work v.11 no.1 Feb 2006: 33-41, tables

How effective are current mandatory reporting processes? This paper summarises organisational and legislative changes in this area since 2002 and reviews child protection data for 2003 - 2004 from all Australian jurisdictions except New South Wales. The paper focuses on the costs and the lack of effectiveness of the current approaches to the detection of child abuse.

Available from: Blackwell Publishing

Australian Capital Territory. Department of Disability, Housing and Community Services. Office for Children, Youth and Family Support.
Keeping children and young people safe: reporting child abuse: a shared community responsibility.
Canberra, ACT: Department of Disability, Housing and Community Services, 2006, 22p, tables, Online (PDF 700KB)
http://www.dhcs.act.gov.au/__data/assets/pdf_file/0017/5660/keeping_childweb.pdf

The Australian Capital Territory's Children and Young People Act 1999 supports the legal requirement of certain professional groups to report non accidental physical injury and/or sexual abuse of children and young people. This paper provides information to mandated reporters and other professionals concerning the making of a report. It covers: definitions of child abuse and neglect; how child abuse can be identified; types of abuse; non accidental physical injury; sexual abuse; emotional abuse; neglect; legislative context; legislative principles; reporting requirements; voluntary reporting; mandatory reporting; reasonable grounds; penalties; making a report to Family Services; interstate issues; what to do if you are not sure whether what you are seeing constitutes abuse or neglect; information required when making a report; protection for reporters; confidentiality provisions; action following a report; responding to a disclosure made by a child or young person; frequently asked questions and contact numbers.

Available from: Office for Children, Youth and Family Support, Canberra ACT. Internet http://www.dhcs.act.gov.au/ocyfs/

Australian Institute of Health and Welfare.
Child protection Australia 2005-06.
Canberra, ACT: Australian Institute of Health and Welfare, 2007, 92p, tables, figures, (Child welfare series no.40), and Online
http://www.aihw.gov.au/publications/index.cfm/title/10383

This report is based on information from three national child protection data collections - child protection notifications, investigations and substantiations; children on care and protection orders; and children in out-of-home care. The data are collected each year by the Australian Institute of Health and Welfare from the relevant departments in each state and territory. Most of the data in this report cover the 2004- 2005 financial year, although data on trends in child protection are also included. Each state and territory has its own legislation, policies and practices in relation to child protection, which accounts for some of the differences between jurisdictions in the data provided. Australian totals have not been provided for those data that are not comparable across the states and territories.

Available from: Australian Institute of Health and Welfare http://www.aihw.gov.au

Bedford, Kenny; Moloney, Michele.
Through young black eyes: a handbook to protect Indigenous children from the impact of family violence and child abuse: 2005 update.
North Fitzroy, Vic: Secretariat National Aboriginal and Islander Child Care, 2nd ed., 2005, 142p, figures, tables, illus., and Online (PDF 4.8MB)
http://srs.snaicc.asn.au/projects/default_resources.cfm?loadref=61

Aboriginal and Torres Strait Islander children are over represented in child protection cases and are much more likely to be removed from their families than other Australian children. The Secretariat of National Aboriginal and Islander Child Care has produced this handbook to assist families and communities to prevent family violence, child abuse and neglect, and to respond effectively where violence, abuse and neglect may have occurred. The underlying systemic causes of child abuse and neglect need to be dealt with, as opposed to simply removing children where they are at risk or have been the victims of abuse or neglect. This publication is divided into the following sections: family violence; child abuse and neglect; child sexual assault; reporting child protection matters; and a directory of services and resource information.

Available from: Secretariat National Aboriginal and Islander Child Care (SNAICC), 252-260 St Georges Rd., North Fitzroy Vic 3068

Briggs, Freda.
Protecting children: the challenge for us all.
In: Conference papers: OCTF4: challenging realities: 6-18 June, 2005, Adelaide Convention Centre. Adelaide, SA: Department of Education and Children's Services, 2005, 12p, Online only (PDF 78K)
http://web.archive.org/web/20060821165042/http://www.octf.sa.edu.au/octf/files/links/link_41038.doc

The most important professionals involved in child protection are those in early childhood care and education, suggests the author. The paper discusses: teachers' duty of care to report suspected child abuse; mandatory reporting; training of teachers to recognise signs of abuse; child pornography; the justice system and child protection; the Family Court and child protection; the need for vigilance; risks to boys; and what early childhood educators can do to help.

Available from: Department of Education and Children's Services, GPO Box 1152, Adelaide SA 5001. Email octf@saugov.sa.gov.au. Internet http://www.octf.sa.edu.au/

Bromfield, Leah M; Higgins, Daryl J.
The limitations of using statutory child protection data for research into child maltreatment.
Australian Social Work v.57 no.1 Mar 2004: 19-30, tables

Child protection legislation has undergone a number of changes since its inception, changes that have redefined the population of children in need of protection. However, child protection data on notifications and substantiations remain the most common source of data for statistics on the rate of maltreatment and the breakdown of specific maltreatment types. In the present study, three factors are identified that have compromised the accuracy of child protection data reporting the incidence of child abuse and neglect: (i) the legislative changes that mandate child protection services to protect children from harm rather than from identifiable adult actions; (ii) the shift from the Harm Standard to the Endangerment Standard; and (iii) the assignment of responsibility solely to parents. The examples in this paper are drawn from Australian legislation, however, the legislative changes that have created these issues are evident internationally, rendering child protection data an unreliable and invalid source for statutory or research data on the rates of child maltreatment. (Journal abstract)

Available from: Australian Association of Social Workers, PO Box 4956, Kingston ACT 2604. Internet http://www.aasw.asn.au . Subscription: Blackwell Publishers

Healey, Jean B.
Peer abuse as child abuse and indications for intervention in schools.
Coldstream, Vic: Australian Association for Research in Education, 2005, 23p, (AARE conference paper 2005 HEA05418), Online (PDF 459K)
http://www.aare.edu.au/05pap/hea05418.pdf

The paper discusses the types, frequency and intensity of bullying behaviour reported in high schools in NSW, arguing that in terms of impact, outcomes and intervention requirements it can be equated with other forms of child abuse. However, it is evident that teachers currently often do not interpret the behaviours as either abusive or bullying, but as mutually aggressive interactions between peers, leaving victims feeling unprotected and unsupported. It is suggested that implementation of legislative requirements for mandatory notification by teachers of all forms of abuse should be considered as a means of intervention and as a protective measure in severe cases of peer abuse. Further, employing bodies need to ensure teachers are aware of the relevance of child protection procedures and requirements to the issue of peer abuse.

Available from: Australian Association for Research in Education http://www.aare.edu.au/confpap.htm

Healey, Justin ed..
Child sexual abuse.
Thirroul, NSW: Spinney Press, 2005, 44p, tables, illus. (Issues in society no.215)

Current information about child sexual abuse from diverse sources including newspapers, magazines, websites, government reports and other organisations is collected in this publication. It is divided into two main sections: Victims of child sexual abuse and Child sex offenders. The following subtopics are covered: incidence and impact; myths; facts about sexual assault; sibling sexual abuse; rise in sex abuse between children; the link between pornography and young sex offenders; indicators of child sexual abuse; effects; reporting child sexual abuse; children and counselling; information for survivors; offender characteristics and modus operandi; paedophile database; the right to silence of the accused and abuse of children under five years; protecting your child; children stalked on the internet; child abusers abroad; child sexual abuse within the church; and why offenders abuse children.

Available from: Spinney Press, PO Box 438, Thirroul, NSW 2515. Internet http://www.spinneypress.com.au

Higgins, Daryl.
What's all the fuss about child abuse? Schools and child protection: Keynote address at the Association of Independent Schools of Western Australia Child Protection Conference, Fremantle, WA, 24-25 January 2006.
Melbourne, Vic: Australian Institute of Family Studies, 2006, 58p, figures, tables, Online only (PowerPoint in PDF 594K)
http://www.aifs.gov.au/nch/pubs/presentations/WAkeynote.pdf

The functions of the National Child Protection Clearinghouse are outlined prior to a discussion of child abuse and neglect. The paper looks at differences between the eight jurisdictions in Australia in relation to mandatory reporting and child protection interventions, the effects of child sexual abuse, ways of understanding the nature of maltreatment, factors that can affect children's vulnerability to various forms of abuse and neglect and its effects, and what this means for school personnel.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au

Higgins, Daryl; Bromfield, Leah.
Child maltreatment and policing in the 21st century: Workshop presentation to the Australian Police Summit, 5-6 October 2005.
Melbourne, Vic: Australian Institute of Family Studies, 2005, 79p, tables, Online (PDF 1736K)
http://www.aifs.gov.au/institute/pubs/papers/2005/higgins-policesummit.pdf

The four main types of child maltreatment are sexual abuse, physical abuse, neglect and emotional maltreatment, with a fifth, witnessing family violence, now being recognised. This presentation defines the above before going on to address myths about perpetrators of child maltreatment, disclosure, the nature of abuse and blame. It considers ways to respond to a child's disclosure of abuse, mandatory reporting requirements in states and territories, signs of maltreatment, risk factors for familial maltreatment, child maltreatment on the Internet, types of child pornography offences, and policing in the 21st century.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au

Higgins, Daryl; Bromfield, Leah; Richardson, Nick.
Mandatory reporting of child abuse.
Melbourne, Vic: National Child Protection Clearinghouse, Australian Institute of Family Studies, 2007, 5p (Child abuse prevention resource sheet no.3), Online only
http://www.aifs.gov.au/nch/pubs/sheets/rs3/rs3.html

Australian legislation that specifies who is required to report suspected cases of child abuse and neglect is explained. The publication covers who is mandated to make a notification, mandatory reporting requirements in every state and territory, whether the identity of notifiers is protected, about whom notifications can be made, what type of concerns must be reported, the response of child protection services, the benefits of mandatory reporting requirements and problems with the introduction of mandatory reporting.

Available from: National Child Protection Clearinghouse, Australian Institute of Family Studies http://www.aifs.gov.au/nch/

Higgins, Daryl; Richardson, Nick; Bromfield, Leah.
Child protection: a national overview. Invited address, followed by a roundtable forum on current issues and possibilities for a national framework, convened by the Centre for Vulnerable Children (University of Western Australia) and WA Families and the Ministerial Advisory Council for Child Protection, Perth, WA, 23 January 2006.
Melbourne, Vic: Australian Institute of Family Studies, 2006, 24p, tables, Online only, (PowerPoint in PDF 392K)
http://www.aifs.gov.au/nch/pubs/presentations/WAroundtable.pdf

Who is responsible to notify of child protection concerns in Australian jurisdictions? This paper outlines the mandatory reporting requirements of each state and territory, what the grounds for intervention are, a national comparison of child protection processes, and implications of the jurisdictional differences.

Available from: Australian Institute of Family Studies http://www.aifs.gov.au

Jackson, Les.
Older people and mandatory reporting of abuse: rights vs protection.
Queensland Centre for Domestic and Family Violence Research CDFVR Newsletter v.4 no.3 Mar 2006: 13-14 , and Online (whole issue PDF 291K)
http://www.noviolence.com.au/public/newsletters/news15.pdf

Following reports of the rape and abuse of older women in aged care facilities, there have been calls for mandatory reporting of elder abuse. This article distinguishes between the abuse of older people within an aged care facility and those living at home and with no impairment to their decision making capacity, and suggests that older people with no diminished capacity ought to be consulted on the mandatory reporting question. It discusses the possibility that mandatory reporting would increase the incidence of hidden abuse, and argues that educating service providers in how to recognise and report family violence affecting older people would be a more effective use of resources.

Available from: Queensland Centre for Domestic and Family Violence Research http://www.noviolence.com.au/

Kovacs, Katie.
Protecting children.
Child Abuse Prevention Newsletter v.12 no.1 Winter 2004: 3-6, and Online
http://www.aifs.gov.au/nch/pubs/newsletters/nl2004/winter.html

The report of the findings of the Queensland Crime and Misconduct Commission Inquiry into Abuse of Children in Foster Care was published in January 2004. This article explains who undertook the inquiry, what the terms of reference were and summarises some of the recommendations related to restructuring, prevention, staffing, complaints mechanisms, external accountability, child deaths, multi agency relationships, mandatory reporting, out of home care, and Indigenous children.

Available from: Australian Institute of Family Studies, Level 20, 485 La Trobe Street, Melbourne, Vic 3000. http://www.aifs.gov.au/

Lewis, Carly.
Working with young people: ethical and legal responsibilities for health workers: a resource for health workers in NSW.
Leichhardt, NSW: Association for Association for Adolescent Health, 2005, 23p

The ethical and legal obligations for health workers working with young people in New South Wales are outlined in this booklet. The booklet covers: duty of care; confidentiality; health workers' responsibilities; disclosure of information to parents or guardians; mandatory reporting of children at risk; reporting domestic violence; cultural considerations; disclosure of and testing for HIV and AIDS; consent to service provision; informed consent; medical treatment; if a young person cannot consent; emergency treatment; termination of pregnancy; homeless young people; intellectual disability or other incapacity; guardianship; young people from culturally and linguistically diverse backgrounds; sexual health; age of consent; underage sex; contraception; sexually transmitted infections; sexuality; alcohol and other drugs; tobacco; injecting drug use; provision of health information on illicit drug use; reporting young people for use or supply of an illicit drug; young people carrying illicit drugs; relevant laws and regulations.

Available from: NSW Association for Adolescent Health, PO Box 341, Leichhardt, NSW 2040. Internet http://www.naah.org.au Email admin@naah.org.au

Mathews, Ben; Walsh, Kerryann.
Queensland teachers' new legal obligation to report child sexual abuse.
Australia and New Zealand Journal of Law and Education v.9 no.1 2004: 25-40, and Online (PDF 88KB)
http://eprints.qut.edu.au/archive/00003420/01/3420.pdf

Most states in Australia have laws for the mandatory reporting by teachers of suspected child abuse. Queensland only introduced similar laws in 2004, and these are limited to the reporting of suspected child sexual abuse of school students by school employees. This article discusses these laws, as compared to mandatory reporting in other states, and child protection policy in Queensland. It also looks at the advantages and disadvantages of mandatory reporting, and the role of teachers in child protection.

Mathews, Ben; Walsh, Kerryann; Fraser, Jennifer A.
Mandatory reporting by nurses of child abuse and neglect.
Journal of Law and Medicine v.13 2006: 505-517

The legal obligations of nurses in each Australian jurisdiction to report suspected child abuse or neglect are described. The article explores differences between the statutory duties, and problems of terminology. It then presents results of a literature review on nurses' knowledge of the reporting law, their reporting practice, and related professional and legal problems that nurses may experience.

Monahan, Geoff; Young, Lisa.
Violence and abuse.
In: Monahan, Geoff and Young, Lisa. Family law in Australia. Chatswood, NSW: LexisNexis Butterworths, 6th ed., 2006, p620-663

Significant advances in legal approaches to the problem of domestic violence have been made over recent years. This chapter discusses injunctions, protection orders under state and territory legislation, relationship between Commonwealth and state and territory laws, tort claims and cross vested jurisdiction, protecting children from abuse, responses to the problem of child abuse, mandatory reporting, and remedies for child victims of abuse.

Available from: LexisNexis http://www.lexisnexis.com.au/

Mulroney, Louise.
Workers' experiences of mandatory reporting.
Developing Practice: The Child, Youth and Family Work Journal no.9 Autumn 2004: 33-37

The Association of Children's Welfare Agencies conducted a research project to investigate the experiences of 39 non government child and family workers with mandatory reporting. The author discusses the findings and presents comments from the participants on the following: communication immediately following a report; coordinated work following a report; interagency guidelines and protocols; and factors that increased interagency collaboration.

Available from: Association of Childrens Welfare Agencies, Locked Bag 13, Haymarket NSW 1240. Email acwa@acwa.asn.au. Internet http://www.acwa.asn.au/

New South Wales. Department of Community Services.
Statutory child protection in NSW: issues and options for reform.
Sydney, NSW: Department of Community Services, 2006, 44p, figures, table (Discussion paper), Online (PDF 801K)
http://www.community.nsw.gov.au/DOCSWR/_assets/main/documents/act_discussion.pdf

This paper reaffirms the fundamental principles and priorities that need to be in place to keep children safe and summarises a 2006 review of the New South Wales Children and Young Persons (Care and Protection) Act 1998. Data on the nature, size and complexity of the child protection task in New South Wales are provided, and proposals for strengthening the legislation to cope with increasing pressure on the child protection system are outlined.

Available from: NSW Department of Community Services http://www.community.nsw.gov.au/

Queensland. Crime and Misconduct Commission.
Reforming child protection in Queensland: a review of the implementation of recommendations contained in the CMC's Protecting children report.
Brisbane, Qld: Crime and Misconduct Commission, 2007, 83p, Online (PDF 327KB)
http://www.cmc.qld.gov.au/data/portal/00000005/content/ 89553001185173339358.pdf

The 'Protecting children: an inquiry into abuse of children in foster care' report, released in January 2004, found that Queensland's Department of Families was in a state of crisis and incapable of responding adequately to child protection issues. This current report is a review to assess whether action has been taken to implement the recommendations made in the earlier report. It covers the Department of Child Safety, external accountability, multi agency relationships and mandatory reporting, the foster care system, Indigenous children, and legislative changes.

Available from: Crime and Misconduct Commission http://www.cmc.qld.gov.au/

Reisner, Tom.
Child abuse prevention help sheets: help sheet 1.
Child Abuse Prevention Newsletter v.13 no.2 Winter 2005: 2-5, and Online
http://www.aifs.gov.au/nch/pubs/newsletters/nl2005/winter.html

This help sheet is designed to assist organisations that deal directly with children and young people to take the first steps in minimising the risk of exposure to child abuse. Organisations working with children and young people have a responsibility to prevent placing children in a situation where they are at risk of child abuse. This article covers the following areas: definitions of child abuse; the extent of child abuse; developing child abuse policies, procedures and standards; appropriate behaviour towards children and young people; mandatory reporting of suspected child abuse; and useful Australian web sites and contacts.

Available from: National Child Protection Clearinghouse, Australian Institute of Family Studies, Level 20, 485 La Trobe Street, Melbourne, Vic 3000. http://www.aifs.gov.au/nch/

Rowell, Phillip.
Protecting children: strategies for creating safe environments.
Putting Children First no.21 Mar 2007: 4-7, and Online (whole issue PDF 721KB)
http://www.ncac.gov.au/pcf/Protecting_Children_Mar07.pdf

Practical strategies that service providers can use in developing policies and procedures to support safe environments for children are described. The article covers: the importance of child safe environments; taking the first step; developing a child protection policy; employee recruitment and selection; professional development for staff and carers; consultation and collaboration among staff, carers, children and families. There is also an explanation of the purpose of and requirements for mandatory reporting of suspected child abuse or neglect.

Available from: National Childcare Accreditation Council Inc http://www.ncac.gov.au/

Spence, Nigel; Scott, Eric; Macgregor, Beth; Mulroney, Louise; Cashmore, Judy.
Expectations and reality: non-government child and family workers' experience of mandatory reporting.
Sydney, NSW: Association of Childrens Welfare Agencies, 2004, 55p, tables

The introduction of the Children and Young Persons (Care and Protection Act) 1998 brought about many changes in the NSW child protection system. One of the most significant changes was the extension of mandatory reporting to a greater number of occupational groups. In response to the level of concern about the response to calls made by mandatory reporters, surveys were conducted in 2001 by a consortium of agencies. The aim of these surveys was to gain an understanding of the experience of non government agencies in making reports of children at risk of harm and the perceived effectiveness of the new system. Continuing widespread concern with the NSW child protection system including public and media criticism resulted in the announcement of a Parliamentary Inquiry into child protection in mid 2002. Within this context, Australian Childrens Welfare Agencies undertook to investigate further the factors which influence the making of reports by non government child and family service providers, the expectations of reporters when they make a report, and their views as to whether or not children are better protected by the new NSW child protection reporting system. This involved in-depth interviews with child and family services workers, focusing on factors that influence the decision to report; expectations of what will happen as a consequence of making a report; and their understanding of the difference in reporting to DoCS and the requirements to report to the Ombudsman, all of which are reported on in this publication.

Available from: Association of Childrens Welfare Agencies, Locked Bag 13, Haymarket NSW 1240. Email acwa@acwa.asn.au. Internet http://www.acwa.asn.au/

Victoria. Department of Human Services. Community Care Division.
Protocol between child protection and children's services.
Melbourne, Vic: Community Care Division, Department of Human Services, 2004, 26p, Online (PDF 186K)
http://www.office-for-children.vic.gov.au/__data/assets/pdf_file/0019/ 16570/ecs_protocol_child_protection-16750.pdf

The purpose of this protocol is to improve the delivery of services to children who have been or are likely to be harmed by abuse or neglect, and to their families. The protocol sets out the roles and responsibilities of Department of Human Services' officers working in child protection and children's services. Information provided includes: licensed children's services' reporting requirements; protection for the notifier; indicators of possible child abuse and neglect; responding to concerns about safety and well being.

Available from: Community Care Division, Department of Human Services, GPO Box 4057, Melbourne Vic 3001. Internet http://hnb.dhs.vic.gov.au/

Winter, Rosmarie.
Researching family violence.
Hobart, Tas: Tasmanian Institute of Law Enforcement Studies, University of Tasmania, 2005, 12p, tables (TILES briefing paper no.2), and Online (PDF 774K)
http://www.utas.edu.au/tiles/publications_and_reports/briefing_papers/TILES%20BRIEFING_June_06.pdf

New family violence legislation was announced in Tasmania in 2005. This paper summarises the changes and the recent research on family violence. The Safe at Home initiative promotes a pro arrest, pro prosecution and pro interventionist approach to family violence and enables victims to access an expanded range of services. The paper looks at the following aspects of Safe at home: the expansion of the use of risk assessment screening tools; reporting issues; mandatory reporting; and risk and surveillance.

Available from: Tasmanian Institute of Law Enforcement Studies http://www.utas.edu.au/tiles/

Workplace child protection.
Rattler no.78 Winter 2006: 24-26

The New South Wales Ombudsman provides guidance to licensed children's services in response to allegations that their employees have been abusive to children. This article examines commonly asked questions about reporting matters to the Ombudsman. It covers what to report, the risks that need to be considered when an allegation is made, the importance of clarifying an allegation, how to maintain employee rights, the importance of procedural fairness, and contacting the Ombudsman. The article includes case studies.

Available from: Community Child Care Co-operative http://www.ccccnsw.org.au/

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