Mandatory reporting

• Mandatory reporting is when the law requires you to report known or suspected cases of abuse and neglect. 
• It mainly relates to children, but can also relate to adults if the person involved is living in a residential service, such as psychiatric, aged care, or other government-run facility. 
• The laws around who is required to report and in what circumstances are different in each state and territory. 
• If you are unsure about your mandatory reporting requirements it is best to get personal advice. Search our service directory for legal services that can provide free advice, you can call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit our website for online chat and video call services for a referral. 
• Most states and territories have laws requiring certain workers and professionals to report if they suspect child abuse. 
• In some cases, workers and professionals are also required to report instances of exposure to sexual, domestic and family violence, in recognition of the seriousness of this type of harm to the developing child. 
• In the Northern Territory, reporting is mandatory for any adult who believes a child has been, or is likely to suffer harm or exploitation, or be a victim of a sexual offence. Other states and territories only impose this requirement on certain professionals and people in authority. Harm is defined to include exposure to domestic and family violence, along with other forms of abuse or neglect. The Northern Territory law also requires all adults to report serious domestic and family violence to the police. 
• In New South Wales and Tasmania, reporting where children are exposed to or suspected to be exposed to domestic or family violence is also mandatory. In New South Wales, South Australia and Tasmania, psychological and emotional abuse also fall under mandatory reporting, which can include a child witnessing violence or abuse in the home. 
• For more information on mandatory reporting requirements for child abuse and neglect see the Australian Institute of Family Studies Mandatory Reporting Resource Sheet. 

Some states also have mandatory reporting laws for abuse and neglect that take place in residential services, such as psychiatric, aged care, and other government-run facilities. This applies even if the person who has experienced the abuse is an adult. In some cases, having a reasonable suspicion that abuse has or may occur is enough to require you to report it. 

It is best to get professional advice if you are unsure about your mandatory reporting requirements. Search our service directory for a legal service in your state or territory that can provide free advice on your mandatory reporting requirements. 

Many organisations have their own policies and procedures around reporting when children are at risk of harm, including harm from exposure to domestic and family violence. An organisation may require that at risk children be reported to child protection authorities, even where there is no legal requirement to do so in that state or territory under mandatory reporting law.