Mandatory reporting of institutional abuse is a vital part of child protection law in New South Wales (NSW). It ensures that professionals who work closely with children take prompt legal action when they suspect abuse or neglect. These laws reflect the lessons learned from past failures, where institutions protected their reputations instead of vulnerable children.
In this article, we explain NSW’s mandatory reporting framework, explain who must report, what must be reported, how to do it, and what consequences apply for failing to act. We also look at historical abuse reporting, institutional responsibilities, and support options for survivors.
What Is Mandatory Reporting in NSW?
In NSW, mandatory reporting is a legal obligation placed on certain professionals who work with children. If these professionals suspect, on reasonable grounds, that a child is at risk of significant harm, they must report it to the NSW Department of Communities and Justice (DCJ). This duty applies whether the harm is happening at home, in the community, or within an institution such as a school, church, care facility or sports club.
Institutional abuse refers specifically to harm or exploitation that occurs in organisations responsible for the care, supervision, or support of children and young people.
Mandatory reporting laws aim to ensure early intervention and protect children from ongoing harm. They also act as a check against institutions dealing with allegations “in-house,” which in the past led to cover-ups, repeated abuse, and long-term trauma for survivors.
Why Mandatory Reporting Laws Matter
The need for clear and enforceable reporting obligations became especially urgent following the findings of the Royal Commission into Institutional Responses to Child Sexual Abuse. The Commission exposed the widespread failure of institutions to act when abuse was disclosed or suspected. Some institutions concealed abuse for decades, allowing perpetrators continued access to vulnerable children.
In NSW, the government has since strengthened mandatory reporting obligations and implemented oversight systems to help ensure institutions are no longer left to police themselves. These legal reforms are intended to prioritise the welfare and safety of children above all else.
Who Must Report in NSW?
Under the Children and Young Persons (Care and Protection) Act 1998 (NSW), mandatory reporting obligations apply to individuals who deliver services to children as part of their professional work. These include:
- Teachers and early childhood educators
- Medical practitioners, nurses, and midwives
- Police officers
- Psychologists, social workers, and counsellors
- Youth justice workers and juvenile detention staff
- Religious ministers and clergy
- Carers and Residential Care Workers
These people are called mandatory reporters. If, in the course of their work, they suspect that a child is at risk of significant harm, they are required to notify the Child Protection Helpline or submit an online eReport.
Importantly, mandatory reporting in NSW applies regardless of when or where the abuse took place. If the child is still under 16 and currently at risk, the duty to report applies—even if the abuse occurred outside the professional’s direct care setting.
What Must Be Reported?
In NSW, if you’re a mandatory reporter and have reasonable grounds to believe a child is at serious risk of harm, you are legally required to report it. This includes:
- Physical abuse or ill-treatment
- Sexual abuse or exploitation
- Serious neglect
- Exposure to domestic violence
- Serious psychological or emotional harm
The abuse can be recent, ongoing, or even suspected future risk, so long as the suspicion is reasonable and based on something observed, disclosed, or professionally inferred.
For example, a teacher noticing a student becoming increasingly withdrawn, fearful of going home, or disclosing troubling details may have grounds to make a report, even if there are no physical injuries.
Reporting Abuse in Institutional Settings
Institutional settings, such as school, church, foster care agency or sports club, demand extra vigilance, because abuse in these environments is often concealed, normalised, or ignored by others in the organisation.
In NSW, if a professional suspects that a colleague, supervisor, volunteer, or staff member is harming or exploiting a child in an institutional setting, they must report this to DCJ. Additionally, organisations themselves have broader responsibilities under NSW’s Reportable Conduct Scheme, which we discuss below.
How to Make a Mandatory Report in NSW
Mandatory reporters in NSW can make a report to the Department of Communities and Justice in one of two ways:
- Online via the Mandatory Reporter Guide (MRG): This interactive tool helps reporters assess whether their concern meets the threshold for significant harm. If the MRG indicates a report is necessary, the system generates an online eReport form.
- By phone: The Child Protection Helpline (132 111) is available 24/7 for urgent cases or when a child is in immediate danger.
Reports should be made as soon as possible after forming a suspicion. Delaying can increase the risk of harm and may result in legal consequences.
What Happens After a Report?
Once a report is made, DCJ assesses the risk and determines the appropriate response. This may involve:
- Investigating the matter
- Visiting the child and family
- Engaging support services
- Notifying the police if criminal behaviour is suspected
- Working with the NSW Office of the Children’s Guardian (OCG) for institutional abuse cases
Reporters may be contacted again for further information or asked to support the investigation. While their identities are protected, they may need to provide statements or testify in court if the case escalates.
Penalties for Failing to Report
Under Section 66AA of the Crimes Act 1900 (NSW), it is a criminal offence for an adult to fail to report known child sexual abuse to police, with a maximum penalty of 2 years imprisonment. Similarly, Section 316A of the Crimes Act makes it an offence to conceal child abuse. A person who knows—or should reasonably know—about a child abuse offence and fails to report it to police without a reasonable excuse may face:
- Up to 2 years’ imprisonment if the underlying offence carries a maximum penalty under 5 years
- Up to 5 years’ imprisonment if the offence carries a maximum penalty of 5 years or more
This law, introduced after the Royal Commission, applies to all adults—not just professionals. If you know, without reasonable excuse, that a child has been sexually abused by an adult and fail to report it to police, you may face criminal charges and imprisonment for up to 2 years.
For professionals, disciplinary consequences can also apply through their employer or registration body (e.g., NESA for teachers, AHPRA for health professionals).
Institutional Obligations: The Reportable Conduct Scheme
In addition to individual reporting duties, institutions in NSW have broader obligations under the Reportable Conduct Scheme, overseen by the OCG.
Organisations that provide services to children, such as schools, out-of-home care providers, religious bodies, and health services, must:
- Inform the OCG within 7 business days of becoming aware of a reportable allegation.
- Investigate the allegation and provide findings within 30 calendar days
- Take appropriate action to protect the child and prevent further harm
Reportable conduct includes:
- Sexual offences or misconduct
- Ill-treatment or neglect
- Psychological harm
- Physical violence
This scheme ensures institutions are not left to manage serious allegations behind closed doors and provides independent oversight of how abuse allegations are handled.
What About Historical Abuse?
In NSW, legislative reforms have removed the limitation period for common law claims related to child sexual abuse. This means survivors can sue institutions and individuals no matter how long ago the abuse happened. Gajic Lawyers are experienced in handling these claims.
Other avenues for historical survivors include:
- The National Redress Scheme, offering financial compensation and counselling.
- Victims Services NSW, which offers counselling, practical support, and financial help.
- Criminal prosecution if the offender is still alive and evidence is available
Even if the institution no longer exists, survivors may be able to claim against a successor entity or insurer. Seeking legal advice is critical in these cases.
Final Thoughts
Mandatory reporting laws in NSW are essential to protecting children from abuse, particularly in institutional settings. These laws hold individuals and organisations accountable, and they reflect a shift towards greater transparency and survivor-focused justice.
Whether you’re a teacher, doctor, social worker, or parent, understanding your obligations—and acting when necessary—can make all the difference in a child’s life.
We’re Here to Listen and Help
If you or someone you know has been affected by institutional abuse, our team of compassionate and experienced Sydney Institutional Abuse Claims Lawyers and Cabramatta Institutional Abuse Claims Lawyers can help. We offer confidential advice and will guide you through your options, or simply understand your rights. No matter how long ago the abuse occurred, it’s never too late to speak out and seek support.
Contact us today, and we’ll listen to your story with compassion and strict confidentiality.
