Are Support Workers Mandatory Reporters?

Updated on November 14, 2024

Who is a Mandatory Reporter?

A mandatory reporter is a person who is legally required to report cases of suspected child abuse/neglect to the government authorities. 

For example, in Tasmania, reporting is mandatory for suspected domestic violence, while in the Northern Territory, every person (including those under 18) must report if a child is being exploited or harmed.

In this article, we dive comprehensively into what you should know about mandatory reporting.

Are Support Workers Mandatory Reporters?

Yes, support workers are mandatory reporters in Australia. They are legally required to report any form of abuse or neglect of people with disabilities to the necessary authorities. 

Because of the nature of their jobs, they (support workers) are responsible for taking immediate action should they witness or suspect any form of abuse, neglect, exploitation, or discrimination against vulnerable people. 

The population and individuals that may be considered vulnerable and covered by the mandatory laws of reporting include children, the elderly, and the disabled. However, these laws may vary by state.

Types of People Classed as Mandatory Reporters Under Australian Legislation

According to Section 356 of the Children and Young People Act 2008 (ACT)  the people classed as mandatory reporters are people who, wholly or partly, deliver these types of services to children as part of their professional work.

• Health Care: Registered practitioners, enrolled or registered nurses, occupational therapists, psychologists, speech pathologists, and allied health professionals working solely in public or private health spaces.
• Welfare: Social workers, public advocates, caseworkers, young people commissioners, youth workers.
• Education: Teachers, a person authorized to inspect educational programs or provide home education under the Education Act of 2004, a person employed to counsel children or young people in a school.
• Law Enforcement: Police. 
• Religion: A minister of religion, religious leader, or a member of the clergy of a church or religious denomination.
• Residential services: refuge workers, community housing providers.

What Types of Abuse are Considered Reportable Offenses?

According to Section 23(1) of the Child And Young Persons (Care and Protection) 1998 Act there are reasonable grounds to suspect that a child is at risk of significant harm most especially if the current situation calls for the safety or well-being of the child. 

Those grounds may include:

1. The child or young person’s basic or physiological needs have not been met, or are at the risk of not being met.
2. The child or young person is at risk of being sexually assaulted or ill-treated.
3. The parents or caregivers are unable, and not willing to arrange for the child to receive medical care.
4. In the case of a child required to attend school per the Education Act 1990 No 8 and the parents or caregivers, are unable or unwilling to arrange for the child to receive education according to the act.
5. The child is living in a household where there have been scenarios of domestic violence and as a result, the child is at risk of serious physical or psychological harm.
6. A parent or caregiver has behaved funnily toward the child causing the young person to be at risk of suffering serious psychological harm.
7. The child was the subject of a pre-natal report and the birth mother did not engage successfully with support services to eliminate or minimize to the lowest level reasonably practical, the risk factors that gave rise to the report.

However, offences that must be reported vary from state to state.

What Can Influence Whether A Child Discloses? 

A major factor that can influence a child’s disclosure is fear. Fear of being disregarded or seen as overreacting, while others may initially deny that they have been abused only to disclose it later.

Here are a few factors that can influence if a child/young person discloses.

1. Relationship to the offender.
2. Fear of the offender.
3. Fear of embarrassment, shame, and self-blame.
4. Expected consequences of telling. (Parents distress)
5. Fear of not being believed.
6. Fear of negative reactions from parents or family.
7. For the male gender specifically; fear of being regarded as homosexual and fear of stigmatization.

What To Do When A Child Discloses

If a child has decided to speak to you, it means that they trust you, and as such, here are a few things you can do, during the disclosure.

• Reassure the child or young person that it is okay to speak up.
• Give the child your full attention.
• Maintain a calm but concerned appearance.
• Tell the child what you plan to do next.
• Do not confront the offender– instead, take the child to safety immediately.
• Let the child use his/her own words, and let them take their time.

What Steps Will A Child Protection Authority Follow After Receiving A Notification?

The Child Protection Authority responds to concerns by:

• Recording a Child Concern Report when the protection concerns received by the department do not reach the threshold for notification.
• Recording a notification if the concerns that are reported to the department suggest that a child has been harmed, or is at risk of harm without having a parent to protect him/her.

Notifications:

Once the concerns reported to the departments are recorded as notifications;

• Child safety officers at the department will assess the concerns by conducting an investigation and assessment.
• The officers then proceed to interview the child, family, and significant others such as the child’s school, doctor, or relatives.
• A police officer may be involved in the investigation, particularly if the concerns relate to physical harm or sexual abuse.
• A notification is also recorded on an unborn child when there is reasonable suspicion that the baby will be at risk of harm after they are born.

The last step in the process is To Move The Child To A Safe Space.

A child can be moved to a safe place by a safety officer if such situations occur;

• If the child is under 12 years of age.
• If the parent or other member of the young person’s family is not present and cannot be located.
• If it is not considered necessary to take the child into custody to ensure their protection.

A safe place in this context passes as:

• The home of a neighbor who knows the child and parents.
• The home of a relative or friend.
• The child’s family caregiver if there is one.
• A hospital.
• An approved foster placement.
• A child safety service centre.

Follow-Up: The child protection authority places monitoring and follow-up actions to ensure the safety and well-being of the affected individual.

What is Mandatory Reporting In Aged Care?

Mandatory reporting in aged care is the act of reporting any form of abuse or neglect of people in aged care/residential homes to the necessary authorities. This is done by health professionals present in aged care/residential homes.

The Aged Care Act was established to ensure the safety and well-being of older people in aged care homes. It was established to ensure reportable incidents and mandatory reporting in aged care in Australia.

In February 2021, an amendment was passed to replace the existing mandatory reporting guide with the Serious Incident Response Scheme (SIRS). Since then, SIRS has mandated a more comprehensive approach for aged care providers, as it applies to both residential and flexible care services delivered within a residential aged care environment.

Providers of care are now obligated to actively identify, record, resolve, and report all serious incidents in an aged care setting that have happened, are presumed to have happened, or will happen. 

Here are a few incidents SIRS has designed to enable providers to take steps to ensure such incidents do not happen again:

• Unnecessary use of force on recipient of residential care.
• Unlawful sexual contact inflicted on the recipient of residential care.
• Stealing or any form of coercion on a member of residential care by a staff member of the care provider.
• Emotional abuse of the residential care recipient.
• Use of physical restraint or chemical restraint concerning the residential care recipient.

Who is responsible for mandatory reporting in aged care?

Registered nurses, enrolled nurses, and nursing assistants are responsible for mandatory reporting in aged care. They are obliged to report any form of suspected abuse of those in their care. 

Depending on the situation, reports can be directed to the Health Care Complaints Commissioner. The person receiving the report has a legal obligation to investigate and advise the person making the report that action has been taken and in what manner.

If the person making the report is not satisfied, he/she can report to a higher authority.

Why is mandatory reporting important?

Mandatory reporting is important because the rights of older people who live in aged care homes must be protected. They exist to ensure that very little as possible goes wrong and that aged care residences maintain the highest possible level of accountability.

What Happens if a Mandatory Reporter Does Not Report?

Mandated Individual: As a mandated individual reporter in Australia, failure to report suspected cases of abuse may result in legal consequences and loss of employment. Depending on the jurisdiction, penalties may include fines, imprisonment, or professional disciplinary action. Non-compliance can result in civil liabilities.

As a mandated organization: As a mandated organization, failure to report suspected cases of abuse may attract legal consequences, loss of funding, damage to reputation, and even a potential civil liability. Making sure that your staff upholds mandatory reporting obligations ensures vulnerable individuals’ safety and protection.

How is Mandatory Reporting Applied in The Workplace?

Mandatory reporting in the workplace is a legal obligation for professionals who work within vulnerable spaces. If your organization’s staff works in a vulnerable area, they may be required to legally report abuse or neglect of the minors. 

Being a mandatory reporter does not only apply to nurses and teachers, but depending on your state and organization, this can also include a broader spectrum of individuals, even managers or volunteers. 

Here are some examples of how mandatory reporting is applied in the workplace:

1. Child protection

Mandatory reporters must report to child protection if they have solid grounds to believe a child is at risk of physical injury or sexual abuse. They should report to the relevant authorities as soon as possible. 

2. Aged care

Caregivers must identify, resolve, and report serious incidents in an aged care setting. This covers the unexplained absences of older people. 

3. Health professionals

Health professionals must report if they have solid reasons to believe a child needs protection from significant harm. 

Other Generally asked questions about Support workers

Conclusion

As a support worker, it is mandatory to report any form of abuse or neglect of people with disabilities to the necessary authorities. These people (the vulnerable or disabled or children) need you to make their lives easier.

You are put in your position to ensure that any form of abuse, neglect, exploitation, or discrimination against vulnerable people does not go unresolved.

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