Abstract
In this chapter we draw on two qualitative studies we conducted in Queensland, Australia, to consider how frontline workers (both support workers in nongovernment organisations and lawyers) who work with marginalised groups, for example, with families from culturally and linguistically diverse groups, Indigenous families and families living with poverty and homelessness or domestic violence, view mandatory reporting of abuse to child protection authorities. Our research suggests that workers’ experiences of the interaction between their clients and child protection services are extremely negative overall. As a result, some workers are very reluctant to report abuse because they perceive the response of child protection services to be poor.
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Notes
- 1.
This term refers to individuals and families that have come to Australia from another country; they may speak a language other than English at home, and they may have special cultural practices and customs.
- 2.
Children and Young People Act 2008 (ACT) s 356; Children and Young Persons (Care and Protection) Act 1998 (NSW) s 27; Care and Protection of Children Act 2007 (NT) s 26; Child Protection Act 1999 (Qld) s 148; Public Health Act 2005 (Qld) ss 191, 192; Education (General Provisions) Act 2006 (Qld) ss 365, 365A, 366, 366A; Children’s Protection Act 1993 (SA) s 11; Children, Young Persons and Their Families Act 1997 (Tas) ss 13, 14; Children, Youth and Families Act 2005 (Vic) ss 182, 184; Children and Community Services Act 2004 (WA) s 124B.
- 3.
Children and Young Persons (Care and Protection) Act 1998 (NSW) s 23 (see definition of ‘at risk of significant harm’); Care and Protection of Children Act 2007 (NT) s 15 (definition of ‘harm to child’); Children, Young Persons and Their Families Act 1997 (Tas) s 14(2)(a).
- 4.
See Child Protection Act 1999 (Qld) ss 6, 148.
- 5.
Child Protection Act 1999 (Qld) s 9.
- 6.
Commission for Children and Young People and Child Guardian Act 2000 (Qld) s 20.
- 7.
Public Health Act 2005 (Qld) ss 191 and 192. Pursuant to the Family Law Act 1975 (Cth), s 67ZA, family court personnel and counsellors are also required to report.
- 8.
Education (General Provisions) Act 2006 (Qld) ss 365, 365A, 366, 366A. The reporting requirements differ depending whether the report emanates from a state or non-state school.
- 9.
For employees of the Child safety Department, those employed in a departmental care service or licensed care service 20 penalty units: Child Protection Act 1999 (Qld) s 148. For doctors and registered nurses 50 penalty units – Public Health Act (Qld) s 193. A penalty unit is currently $110; see Penalties and Sentences Act 1992 (Qld) s 5(1)(d).
- 10.
See Australian Institute of Health and Welfare (2013) at 16–17, 32, 34 and 41. The second most common abuse was emotional abuse.
- 11.
One exception is NSW where legislation prevents the Children’s Court from concluding that the basic needs of a child are not likely to be met because of poverty; Children and Young Persons (Care and Protection) Act 1998 (NSW) s 71(2)(b).
- 12.
Kaur (2012, p. 11) cites differences in child discipline, physical displays of affection, educational attainment expectations, respect for elders and use of natural remedies.
- 13.
In Australia Aboriginal and Torres Strait Islander children were almost eight times more likely than non-Indigenous children to be the subject of substantiated reports of harm/risk of harm with neglect and emotional abuse the most commonly substantiated maltreatment; see Scott (2013).
- 14.
The results of this research are reported in Douglas et al. (2009).
- 15.
- 16.
We conducted interviews with lawyers instead of focus groups for practical reasons. Most of the lawyers we interviewed work alone as individuals and their demanding schedules made conducting group interviews extremely difficult. The interviews with two participants were conducted with the lawyers who worked together in the same organisation.
- 17.
While current legislation in Queensland does not mandate police reporting of children living with domestic violence, Queensland Police have a blanket policy of reporting children living with domestic violence. A recent inquiry has recommended that this policy be repealed; see Carmody Inquiry (2013) at vviii.
- 18.
For example, under Queensland legislation, harm includes emotional and psychological harm (see Child Protection Act 1999 (Qld) ss 9, 148).
- 19.
See also Jacob and Fanning (2006), where it was suggested that a number of professionals had begun to see reporting as pointless due to lack of services and follow-up from child protection authorities.
- 20.
Similarly in a study of doctors and nurses in Israel, nurses were more likely to consider the outcomes of reporting (as compared to doctors) before reporting; see Ben Natan et al. (2012) at 336.
- 21.
Another aspect to this alternative strategy was that in less severe cases the mandated reporter may report to the child protection service or discuss with an independent reviewer.
- 22.
Children and Young Persons (Care and Protection) Act 1998 (NSW) s 63; Children, Youth and Families Act 2005 (Vic) s 276(2)(b).
- 23.
Child Protection Act 1999 (Qld) s 5A.
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Douglas, H., Walsh, T. (2015). Mandatory Reporting of Child Abuse and Marginalised Families. In: Mathews, B., Bross, D. (eds) Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect. Child Maltreatment, vol 4. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-9685-9_23
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