DEPARTMENT OF EDUCATION

POLICY AND GUIDELINES

MANDATORY REPORTING OF
HARM AND EXPLOITATION OF CHILDREN
Responsibility of:
Effective Date:
Next Review Date:
Target Audience:

School Support Services

August 2010
August 2015
Staff/Parents/Community

DoE File: FILE2015/182

DoE Doc: EDOC2015/8552
VERSION NUMBER: 1.1

This document should be read in conjunction with the following policies:

Allegations of sexual misconduct policy and guidelines

1 POLICY
Section 26 of the Care and Protection of Children Act (the CPCA) imposes a legal
responsibility on every person in the Northern Territory to report child abuse and neglect
and cases where a child has been or is likely to be the victim of a sexual offence.
This policy articulates the reporting obligations on the department, its employees and all
other personnel who work in a school, or college or other departmental educational
institution.
For the purposes of this policy any reference to working in a school includes working in a
school/college context and includes but is not limited to such activities as camps and
interstate trips, sporting activities and other extra curricula activities. It also includes all
school council employees.
This policy applies not only to schools but also to corporate divisions and branches,
particularly those whose core business involves student contact.
Wherever (*) appears in this policy reference must also be made to the relevant note
under the heading of Explanatory Notes.

2 BUSINESS NEED
The Care and Protection of Children Act replaced the Community Welfare Act (CWA) in
2009 and mandates new reporting obligations (mandatory reporting) in relation to
safeguarding the wellbeing of children in the NT. This policy is required to replace the
previous mandatory reporting requirements under the CWA.

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3 SCOPE
This policy and associated guidelines and procedures apply to all Northern Territory
Government schools, Independent Public Schools, school leaders, teachers and parents.

4 REPORTING OBLIGATIONS
4.1 ALL STAFF
4.1.1 - Reporting Obligations
Section 26 of the CPCA sets out the reporting obligations required to safeguard the
wellbeing of children. These reporting obligations are commonly referred to as
mandatory reporting. A copy of section 26 of the CPCA is at Appendix A.
Under section 26(1) of the CPCA every person in the NT must make a report to either
the NT Department of Families and Children, or Police, if they believe on reasonable
grounds that:
a)
b)
c)

any child aged less than 18 years has suffered or is likely to suffer harm or
exploitation
any child less than 14 years has been or is likely to be a victim of a sexual
offence
any child aged less than 18 years has been or is likely to be a victim of a sexual
offence under section 128 of the Criminal Code Act * where the child is under the
offenders special care (see Explanatory Note Number 6 below).

Under section 26(2) of the CPCA a health practitioner or a person who performs
work of a kind prescribed by regulation* has an additional duty to make a report to
the NT Department of Children and Families, or NT Police, if they believe on
reasonable grounds that:
a)

a child aged 14 or 15 years has been or is likely to be a victim of a sexual offence

and the age difference between the child and the sexual offender is greater than
two years.

4.1.2 - Harm is defined in section 15 of the CPCA to mean:

Harm to child
(1) Harm to a child is any significant detrimental effect caused by any act,
omission or circumstance on:
(a) the physical, psychological or emotional wellbeing of the child; or
(b) the physical, psychological or emotional development of the child.
(2) Without limiting subsection (1), harm can be caused by the following:
(a) physical, psychological or emotional abuse or neglect of the
child;
(b) sexual abuse or other exploitation of the child;
(c) exposure of the child to physical violence.
Example: A child witnessing violence between the child's parents at home.
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4.1.3 - Exploitation is defined in section 16 of the CPCA to mean:

Exploitation of child
(1) Exploitation of a child includes sexual and any other forms of exploitation of the child.
(2) Without limiting subsection (1), sexual exploitation of a child includes:
(a) sexual abuse of the child; and
(b) involving the child as a participant or spectator in any of the following:
(i) an act of a sexual nature;
(ii) prostitution;
(iii) a pornographic performance.

4.1.4 - Every person who works in a school context must therefore comply with section
26(1) of the CPCA and any departmental officer who is also a health practitioner
or someone who performs work of a kind that is prescribed by regulation must
also comply with section 26(2) of the CPCA.

5 REPORTING PROCEDURES
5.1 WHEN TO REPORT
The circumstances in which a person may come to believe on reasonable grounds
that a report should be made may include, but is not limited to:

a disclosure by a child

a report by child in relation to another child

observations of indicators such as physical injuries or fear, observation of

age inappropriate behaviours, including in particular sexualised behaviour
or talk

delays in emotional or mental development etc.

A report must be made as soon as possible after forming a belief on reasonable
grounds.
It is not possible to define what is meant by reasonable grounds but if a person is in
any doubt they should call the Child Protection Hotline (see below) for advice and
guidance.
In order to avoid contaminating any subsequent investigation by authorities, it is
particularly important that a person does not undertake any investigation or
unnecessarily question a child if a child makes a disclosure to them. A child who
makes a disclosure must be believed and a report made as soon as possible. If it is
considered necessary to conduct an investigation then this will be carried out by child
protection officers with the NT Department of Children and Families and/or Police.
5.2 HOW TO MAKE A REPORT
A report can be made to the 24 hour Child Protection Hotline at the Department
of Children and Families Central Intake Team on 1800 700 250 or to NT Police on
131 444.
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It is the person who has formed a belief that must make a report in order that they
can provide information in relation to the grounds upon which they have formed the
belief and any other relevant information. Staff members are encouraged to advise
their principal/manager of their intention to make a report however it is not sufficient
for a person to advise their principal/manager and then leave the principal/manager
to make a report.
If a report relates to the alleged conduct of a person who works in a school context,
for example a colleague, then the principal/manager (or in their absence the most
appropriate senior officer) must be immediately informed of the alleged conduct. In
keeping with the above, advising the principal/manager does not constitute a report
pursuant to section 26 of the CPCA.
Individuals who are unsure about making a report are encouraged to in any case call
the Child Protection Hotline for advice and guidance.
A person making a report should make a diary note of the day/time they made the
report and to whom they spoke and brief details should also be recorded.
Information in relation to a report must be treated in confidence at all times.
5.3 LEGAL PROTECTION
Section 27 of the CPCA provides that a person making a report and providing
information in good faith under section 26 of the CPCA is not civilly or criminally
liable. A person making a report is also not in breach of any professional code of
conduct.
However, this legal protection only applies to the making of a report and does not
protect a person making a report if they also unnecessarily disclose information to
another person, for example a colleague, for a reason other than a professional need
to do so. The appropriate degree of confidentiality must therefore be maintained by
employees at all times.
5.4 SUPPORT TO NOTIFIERS
Making a report pursuant to section 26 of the CPCA can be stressful for the notifier.
Support for a person making a report is available across the Northern Territory from
agencies providing services to the department under the Employment Assistance
Program (EAP). Such agencies include EASA and Darwin Consultant
Psychologists (DCP). Further information about EASA and DCP is available from
Student Services School Counsellor Service.
It should be noted that for confidentiality reasons a notifier will not usually be advised
of the outcome of their notification. A notifier will only be advised if they are required
to play some further role in relation to the notification.
If the relevant authorities contact a notifier seeking further information and evidence a
notifier must always comply with any requests for assistance.

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Where a person is concerned about a report they have made in relation to another
person working in a school context then the person should discuss their concerns
with the Principal and seek advice about the support that is available to them.

6 FURTHER LEGAL REQUIREMENTS UNDER THE CPCA

6.1 PRINCIPALS
Section 30(1)(d) of the CPCA requires a person in charge of a school or any other
educational institution to ensure that anyone providing services to children under
their control are aware of the reporting obligations under section 26 of the CPCA
Appendix A refers.
Principals are accordingly required to comply with the Guidelines set out below to
ensure that their staff and other people providing services to children in their school are
aware of the reporting obligations under section 26 of the CPCA.
6.2 PRINCIPALS AND CORPORATE MANAGERS
Section 30(2) of the CPCA requires that any person who engages another person in
child-related employment must ensure the person engaged is aware of the reporting
obligations under section 26(1) of the CPCA.
Section 30(2A) of the CPCA further requires that any person who engages another
person to perform work as a health practitioner or work of a kind prescribed under
section 26(2)(a) must ensure that the person engaged is aware of the obligations to
report under section 26(1) and section 26(2) of the CPCA.
In addition to school based personnel there are persons employed by the department
who are engaged in child-related employment. There may also be persons engaged to
perform work as health practitioners for example registered psychologists who work
with children.
Such personnel will likely, but not always, be located in the departments Student
Services Division and will include all personnel working in a Division or Branch who are
required to hold a clearance notice (ochre card) for the purposes of section 187 of the
CPCA.
Relevant Divisional and Branch heads must comply with the following Guidelines to
ensure that all personnel in their Division/Branch who are engaged to perform childrelated employment or work as a health practitioner are aware of the reporting
requirements under sections 26(1) and 26(2) of the CPCA as may be appropriate.

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7 GUIDELINES
The following action is required to ensure compliance with obligations under the CPCA.
7.1 PRINCIPALS
Principals and other relevant managers must ensure that all personnel in their school
or workplace are aware of the reporting requirements set out in section 26 of the
CPCA.
Principals must therefore ensure that all personnel in their school are provided with an
in-service prior to the commencement of each semester. To this end the
department will prepare and provide relevant materials which can be used to in-service
staff in schools and other workplaces.
Where a person is employed in a school as a health practitioner or someone who
performs work of a kind that is prescribed by regulation then the Principal must
also ensure that the person is aware of their reporting obligations under both section
26(1) and 26(2) of the CPCA.
The Principal must also ensure that all staff who commence during a semester also
receive the in-service within the first week of commencing duties at the school.
All staff present at an in-service at the commencement of a semester must sign and
date a register to evidence that they were in attendance. A pro-forma for use by
principals is attached Attachment C refers.
All staff commencing during the course of a semester must also sign and date the
register on the day that they receive the in-service.
The principal must file the original of the register for audit purposes, and provide a
declaration to the relevant Regional Director that all people working within the
school or college have been in-serviced in Mandatory Reporting requirements
Attachment B refers.
By not later than the end of the third week of each semester the Principal must forward
to their Regional Director the signed Child Protection and Mandatory Reporting
Training Declaration Form.
7.2 CORPORATE MANAGERS
Managers other than Principals must ensure that relevant staff in their
Branch/Division who work in a school context or otherwise with children are provided
with the in-service immediately prior to the commencement of each school year and
ensure that all staff who commence service during the course of the year receives
the in-service within the first week of commencing their duties.

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8 EXPLANATORY NOTES
8.1 In effect the Criminal Code Act makes any sexual activity with a child under the age of 16 a
criminal offence see in particular section 127. This is because a child under the age of 16
cannot lawfully consent to sexual activity. It is an offence regardless of whether or not both
persons are under the age of 16.
8.2 Section 128 of the Criminal Code Act makes sexual intercourse or any act of gross indecency
by a person with a child sixteen years or older an offence if the child is under the special care of
that person. This includes a step-parent, guardian, foster parent, school teacher; a person
providing religious, work or musical tuition, correctional services officers and health
professionals.
8.3 The Regulations do not currently prescribe any kind of work for the purposes of section 26(2)(a)
of the CPCA. This therefore means that currently section 26(2) of the CPCA only applies to
health
practitioners.
8.4 A health practitioner currently means a registered Aboriginal health worker, chiropractor,
dentist, dental hygienist, dental prosthetists, dental specialists, dental therapists, medical
practitioners, midwifes, registered nurses authorised to practise midwifery, registered and
enrolled nurses, occupational therapists, optometrists, osteopaths, pharmacists,
physiotherapists, and psychologists.
8.5 A person is only a registered health practitioner if they are registered as a practitioner under the
Health Practitioners Act. Simply holding qualifications that would enable a person to be
registered or enrolled as a practitioner does not of itself make a person a registered health
practitioner.
8.6 Sexual Offence means an indictable offence involving sexual intercourse or penetration; a
sexual relationship; sexual abuse; indecent touching or indecent assault; any other indecent act
directed against a person or committed in the presence of a child; making, collecting, exhibiting
or displaying an indecent object or indecent material; sexual servitude or any other form of
sexual exploitation or an attempt to commit, an act of procuring or any other act preparatory to
the commission of the above (section 3 Sexual Offences (Evidence and Procedure) Act).

9 RELATED LEGISLATION AND POLICY

Department
of
Education
Northern
Territory

Allegations of Sexual Misconduct Policy and Guidelines

Working with Children Clearance Notices (Ochre Cards) Policy
Northern Territory Care and Protection of Children Act
Northern Territory Criminal Code Act
Education and Care Services (National Uniform Legislation) Act
Education and Care Services National Law (NT)
Sexual Offences (Evidence and Procedure) Act
Health Practitioners Act

10 LIST OF APPENDICES AND ATTACHMENTS

Appendix A Section 26 Northern Territory Care and Protection of Children Act
Appendix B Section 30 Northern Territory Care and Protection of Children Act
Attachment A Mandatory Reporting Training PowerPoint
Attachment B Mandatory Reporting Training Acknowledgment Form
Attachment C - Mandatory Reporting Training Declaration Form
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Appendix A

Northern Territory Care and Protection of Children Act 2014

26
(1)

Reporting obligations
A person is guilty of an offence if the person:
(a)

(b)

believes, on reasonable grounds, any of the following:

(i)

a child has suffered or is likely to suffer harm or exploitation;

(ii)

a child aged less than 14 years has been or is likely to be a victim of a sexual offence;

(iii)

a child has been or is likely to be a victim of an offence against section 128 of the
Criminal Code; and

does not, as soon as possible after forming that belief, report (orally or in writing) to the
CEO or a police officer:
(i)

that belief; and

(ii)

any knowledge of the person forming the grounds for that belief; and

(iii)

any factual circumstances on which that knowledge is based.

Maximum penalty: 200 penalty units.

Note for subsection (1)(a)(iii)
The victim of an offence against section 128 of the Criminal Code is a child who is of or over the age of
16 years and under the offender's special care as mentioned in that section (for example, because the
offender is a step-parent or teacher of the victim).

(2)

A person is guilty of an offence if the person:

(a)

is a health practitioner or someone who performs work of a kind that is prescribed by

regulation; and

(b)

believes, on reasonable grounds:

(c)

(i)

that a child aged at least 14 years (but less than 16 years) has been or is likely to
be a victim of a sexual offence; and

(ii)

that the difference in age between the child and alleged sexual offender is more
than 2 years; and

does not, as soon as possible after forming that belief, report (orally or in writing) to the CEO or a
police officer:
(i)

that belief; and

(ii)

any knowledge of the person forming the grounds for that belief; and

(iii)

any factual circumstances on which that knowledge is based.

Maximum penalty:

200 penalty units.

Example for subsection (2)(b)(ii)

A health practitioner believes, on reasonable grounds, that a child who has just turned 14 is likely to be a
victim of a sexual offence committed by someone aged 16 and a half.

(3)

It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has
a reasonable excuse.

(4)

This section has effect despite any other provision in this Act or another law of the Territory.

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Appendix B

Northern Territory Care and Protection of Children Act 2014

30
(1)

Duties of other persons

Each of the following persons must ensure everyone providing services for a child
under the person's control or direction is aware of the obligations under section 26(1):
(a)

an operator of child-related services;

(b)

an approved provider of an education and care service operated under the

Education and Care Services National Law (NT);

(c)

the person in charge of a hospital or any other facility for health services;

(d)

the person in charge of a school or any other educational institution.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(2)

Each person who engages another person in child-related employment must ensure
the other person is aware of the obligations under section 26(1).
Maximum penalty: 200 penalty units or imprisonment for 2 years.

(2A)

Each person who engages another person to perform work as a health practitioner or
work of a kind prescribed under section 26(2)(a) must ensure the other person is aware
of the obligations under section 26(1) and (2).
Maximum penalty: 200 penalty units or imprisonment for 2 years.

(3)

It is a defence to a prosecution for an offence against subsection (1), (2) or (2A) if the
defendant has a reasonable excuse.

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Attachment A
Mandatory Reporting Training PowerPoint
The Chief Executive has requested that principals ensure all staff undertake Mandatory Reporting prior
to the commencement of each semester. A PowerPoint to assist in this training is available at isupport

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Attachment B
MANDATORY REPORTING
Acknowledgement Form
School Name:
All people working within the school/college, both paid and voluntary, are to sign this form once in-serviced by the
Principal in relation to Mandatory Reporting requirements.
I hereby acknowledge that I have attended a staff meeting conducted by the principal of this school or
otherwise been in-serviced by the principal where I have been provided with information about Mandatory
Reporting requirements.
Name

Principal Signature:_

Position

Signature and Date

Date:
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DEPARTMENT OF EDUCATION

Attachment C
MANDATORY REPORTING
Training Declaration Form
School Name:
I hereby acknowledge that I have in-serviced all people working within the school/college, both paid and voluntary,
in Mandatory Reporting requirements.
All people in-serviced have completed the relevant acknowledgement form and been entered onto the PD
Database.
I am aware that I am required to in-service staff members who were absent or who commence at the school after
the start of semester in-service and once in-serviced these staff are required to sign the Acknowledgement Form
and be entered in the PD database.

Principal Signature:

Date:

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