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Child abuse: failture to report will be an offence in Victoria Child abuse: failture to report will be an offence in Victoria
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It will be an offence not to report cases of child abuse in Victoria under a new law that has been heavily criticised by anti-domestic violence groups.It will be an offence not to report cases of child abuse in Victoria under a new law that has been heavily criticised by anti-domestic violence groups.
An amendment to the Child Protection Act passed the lower house of the Victorian parliament after independent MP Geoff Shaw sided with the government to back the change.An amendment to the Child Protection Act passed the lower house of the Victorian parliament after independent MP Geoff Shaw sided with the government to back the change.
The amendment creates a new criminal offence for “failure to disclose a sexual offence committed against a child under the age of 16”. It stipulates that anyone with a “reasonable belief or knowledge of alleged child abuse” must notify the police. There will also be a “reportable conduct scheme” for organisations that work with children, as well as compulsory reporting policies for schools and ministers of religion.The amendment creates a new criminal offence for “failure to disclose a sexual offence committed against a child under the age of 16”. It stipulates that anyone with a “reasonable belief or knowledge of alleged child abuse” must notify the police. There will also be a “reportable conduct scheme” for organisations that work with children, as well as compulsory reporting policies for schools and ministers of religion.
The Victorian premier, Denis Napthine, said the measures built on the “significant action” already taken to crack down on “grooming” children, in response to a Victorian inquiry into child abuse by religious and non-government organisations.The Victorian premier, Denis Napthine, said the measures built on the “significant action” already taken to crack down on “grooming” children, in response to a Victorian inquiry into child abuse by religious and non-government organisations.
However, a coalition of family, welfare and legal groups have criticised the amendment, claiming that it could jail women who fail to disclose abuse due to fears for their own safety. The groups, including the Domestic Violence Resource Centre Victoria, Women's Domestic Violence Crisis Service and Victorian Women's Trust, wrote to Shaw and female Coalition MPs urging them not to support the change.However, a coalition of family, welfare and legal groups have criticised the amendment, claiming that it could jail women who fail to disclose abuse due to fears for their own safety. The groups, including the Domestic Violence Resource Centre Victoria, Women's Domestic Violence Crisis Service and Victorian Women's Trust, wrote to Shaw and female Coalition MPs urging them not to support the change.
Labor has said it will not support the change, with shadow attorney general Martin Pakula saying it “may cause more harm to children suffering physical or sexual abuse, and is potentially dangerous for women experiencing family violence”.Labor has said it will not support the change, with shadow attorney general Martin Pakula saying it “may cause more harm to children suffering physical or sexual abuse, and is potentially dangerous for women experiencing family violence”.
Dr Chris Atmore, from the Federation of Community Legal Centres, said international examples showed there was no evidence that requiring people to report abuse would protect children more effectively.Dr Chris Atmore, from the Federation of Community Legal Centres, said international examples showed there was no evidence that requiring people to report abuse would protect children more effectively.
“We would prefer a carrot to support people to disclose abuse, rather than a stick if they don’t,” she told Guardian Australia. “Women who do report will think they will get into trouble for not disclosing earlier. This approach also doesn’t understand the close connection between child sexual abuse and family violence.“We would prefer a carrot to support people to disclose abuse, rather than a stick if they don’t,” she told Guardian Australia. “Women who do report will think they will get into trouble for not disclosing earlier. This approach also doesn’t understand the close connection between child sexual abuse and family violence.
“If police don’t take a woman seriously, as has happened in the past, her partner is back in the home and will take it out on her or the kids. Or there could be a situation where both parents are incarcerated because she doesn’t report abuse, leaving no one to care for the child.”“If police don’t take a woman seriously, as has happened in the past, her partner is back in the home and will take it out on her or the kids. Or there could be a situation where both parents are incarcerated because she doesn’t report abuse, leaving no one to care for the child.”
Atmore said there had been a “knee-jerk response” to the issue in the wake of the murder of Luke Batty earlier this year. Luke was murdered by his father Geoff, who subjected the child’s mother, Rosie, to violence in the home. Atmore said there had been a “knee-jerk response” to the issue in the wake of the murder of Luke Batty earlier this year, although the legislation was the outcome of the child abuse inquiry established long before that event. Luke was murdered by his father Geoff, who subjected the child’s mother, Rosie, to violence in the home. Rosie Batty does not support the clause that makes it an offence not to report abuse.
Napthine said on Thursday there was an exemption in the legislation for circumstances where women could be creating more risk for themselves or a child by reporting abuse.Napthine said on Thursday there was an exemption in the legislation for circumstances where women could be creating more risk for themselves or a child by reporting abuse.
• This story was amended on 9 May to make it clear that Rosie Batty opposes the amendment to the Child Protection Act.