Child Safety - New Criminal Offences
In response to the Betrayal of Trust Report, the Victorian Government has introduced new criminal offences to protect children from sexual abuse. Under these reforms a failure to report, or take action in relation to suspected child sexual abuse can now constitute a criminal offence, including a:
Failure to disclose
Failure to protect
http://www.justice.vic.gov.au/home/safer+communities/protecting+children+and+families/failure+to+protect+offence
Betrayal of Trust Implementation
http://www.justice.vic.gov.au/home/safer+communities/protecting+children+and+families/betrayal+of+trust+implementation
From <http://www.education.vic.gov.au/about/programs/health/protect/Pages/obligationsoffences.aspx>
Failure to disclose
- This offence applies to all adults (not just professionals who work with children) who form a reasonable belief that that another adult may have committed a sexual offence against a child under 16 years of age and fail to report this information to Victoria Police.
Failing to disclose a sexual offence based on concerns for the interests of the perpetrator or organisation (e.g. concerns about reputation, legal liability or financial status) will not be regarded as a reasonable excuse.
Failure to protect
- This offence applies to person in a position of authority within an organisation who :
- knows of a substantial risk that a child under the age of 16, under the care, supervision or authority of the organisation will become a victim of a sexual offence committed by an adult associated with the organisation (e.g. employee, contractors, volunteer, visitor); and
- negligently fails to remove or reduce the risk of harm.
http://www.justice.vic.gov.au/home/safer+communities/protecting+children+and+families/failure+to+protect+offence
Betrayal of Trust Implementation
http://www.justice.vic.gov.au/home/safer+communities/protecting+children+and+families/betrayal+of+trust+implementation
From <http://www.education.vic.gov.au/about/programs/health/protect/Pages/obligationsoffences.aspx>