Criminal Code Act 1899

This section applies to an adult if—

the adult gains information that causes the adult to believe on reasonable grounds, or ought reasonably to cause the adult to believe, that a child sexual offence is being or has been committed against a child by another adult; and

at the relevant time, the child is or was—

under 16 years; or

a person with an impairment of the mind.

If, without reasonable excuse, the adult fails to disclose the information to a police officer as soon as reasonably practicable after the belief is, or ought reasonably to have been, formed, the adult commits a misdemeanour.Maximum penalty—3 years imprisonment.

For subsection (1), it does not matter that the information was gained by the adult during, or in connection with, a religious confession.

Without limiting what may be a reasonable excuse for subsection (2), an adult has a reasonable excuse if—

the adult believes on reasonable grounds that the information has already been disclosed to a police officer; or

the adult has already reported the information under any of the following provisions, or believes on reasonable grounds that another person has done or will do so—

the Child Protection Act 1999, chapter 2, part 1AA;

the Education (General Provisions) Act 2006, chapter 12, part 10;

the Youth Justice Act 1992, part 8 or 9; or

the adult gains the information after the child turns 16 years (the alleged victim), and the adult reasonably believes the alleged victim does not want the information to be disclosed to a police officer; or

both of the following apply—

the adult reasonably believes disclosing the information to a police officer would endanger the safety of the adult or another person, other than the alleged offender, regardless of whether the belief arises because of the fact of the disclosure or the information disclosed;

failure to disclose the information to a police officer is a reasonable response in the circumstances; or

both of the following apply—

the adult gains the information—

as a relevant professional while acting in the adult’s professional capacity; and

in the course of a confidential professional relationship with the child in which there is an express or implied obligation of confidentiality between the adult and the child;

the adult reasonably believes there is no real risk of serious harm to the child or any other child in not disclosing the information to a police officer.

An adult who, in good faith, discloses information mentioned in subsection (1)(a) to a police officer is not liable civilly, criminally or under an administrative process for making the disclosure.

In this section—relevant time, in relation to the child sexual offence mentioned in subsection (1)(a), means the time that the adult—

believes to be the time of commission of the offence; or

ought reasonably to believe to be the time of commission of the offence.

counsel, a person, means—

to listen to and give verbal or other support, help or encouragement to the person, whether one-on-one or in a group; or

to advise, give therapy to or treat the person, whether one-on-one or in a group.

counsellor means a person who—

has undertaken training or study, or has experience, that is relevant to the process of counselling other persons; and

in the course of the person’s paid or voluntary employment, other than as a religious representative, counsels another person.

relevant professional means—

a medical practitioner; or

a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or

a person registered under the Health Practitioner Regulation National Law to practise in the registered nurses division of the nursing profession, other than as a student; or

a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession, other than as a student; or

a person who is a member of the Australian Association of Social Workers Ltd ACN 008 576 010; or

a counsellor; or

a person who is of a class of persons prescribed by regulation.

religious representative means a person who—

is a member of—

an organised religion; or

a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and

holds a position in the religion or group that allows the person to hold themself out as a representative of the religion or group.

sch 1 pt 4 ch 22 s 229BC ins 2020 No. 32 s 25