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Care and Protection of Children Act 2007
26Reporting obligations
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26 Reporting obligations
(1) A person is guilty of an offence if the person:
(a) believes, on reasonable grounds, any of the following:
(i) a child has suffered or is likely to suffer harm or
exploitation;
(ii) a child aged less than 14 years has been or is likely to
be a victim of a sexual offence;
(iii) a child has been or is likely to be a victim of an offence
against section 208K, 208KA or 208KB of the Criminal
Code; and
(b) does not, as soon as possible after forming that belief, report
(orally or in writing) to the CEO or a police officer:
(i) that belief; and
(ii) any knowledge of the person forming the grounds for
that belief; and
(iii) any factual circumstances on which that knowledge is
based.
Note for subsection (1)(a)(iii)
The victim of an offence against section 208K, 208KA or 208KB of the Criminal
Code is a child who is 16 or 17 years of age and in relation to whom the offender
is in a position of authority (for example, because the offender is a legal guardian
or employer of the child).
Care and Protection of Children Act 2007 20
(2) A person is guilty of an offence if the person:
(a) is a health practitioner or someone who performs work of a
kind that is prescribed by regulation; and
(b) believes, on reasonable grounds:
(i) that a child aged at least 14 years (but less than
16 years) has been or is likely to be a victim of a sexual
offence; and
(ii) that the difference in age between the child and alleged
sexual offender is more than 2 years; and
(c) does not, as soon as possible after forming that belief, report
(orally or in writing) to the CEO or a police officer:
(i) that belief; and
(ii) any knowledge of the person forming the grounds for
that belief; and
(iii) any factual circumstances on which that knowledge is
based.
Example for subsection (2)(b)(ii)
A health practitioner believes, on reasonable grounds, that a child who has just
turned 14 is likely to be a victim of a sexual offence committed by someone aged
16 and a half.
subsection (1) or (2) if the defendant has a reasonable excuse.
(4) This section has effect despite any other provision in this Act or
another law of the Territory.