Crimes Act 1900

A person commits an offence if the person—

is an adult; and

obtains information that leads to the person reasonably believing that a sexual offence has been committed against a child; and

does not, as soon as practicable after forming the belief, give the information to a police officer.

Subsection (1) does not apply if—

the person—

obtains the information when the alleged victim was no longer a child; and

reasonably believes the alleged victim does not want a police officer to be told about the person’s belief; or

the person reasonably believes that giving the information to a police officer would endanger the safety of a person (other than a person reasonably believed to have committed the sexual offence); or

the person reasonably believes a police officer already has the information; or

the person—

is a mandated reporter under the Children and Young People Act 2008, section 356 (3); and

has reported the information under that Act, division 11.1.2 (Reporting abuse and neglect of children and young people) or reasonably believes someone else has done so; or

subject to subsection (3), giving the information to a police officer would disclose information in relation to which privilege may be claimed under a law in force in the Territory; or

the information is generally available in the public domain; or

the person has another reasonable excuse.

A person who is or was a member of the clergy of a church or religious denomination is not entitled to refuse to give information under subsection (1) because the information was communicated to the member during a religious confession.

The Criminal Code, chapter 2 (other than the applied provisions) does not apply to an offence against this section.

If a person gives information mentioned in subsection (1) to a police officer honestly and without recklessness—

giving the information is not a breach of—

confidence; or

professional etiquette or ethics; or

a rule of professional conduct; and

the person does not incur civil or criminal liability only because of giving the information.

Subsection (5) does not apply if giving the information would be a breach of client legal privilege.

This section applies to information obtained on or after the commencement of this section, including information about a sexual offence that occurred before the commencement of this section.

In this section:

an offence against—

this part; or

any other provision prescribed by regulation; or

an offence against a sexual offence provision of this Act previously in force.