14Informing of concern about abuse or neglect or certain behaviour

### 14 Informing of concern about abuse or neglect or certain behaviour > > (1)  In this section, > > > > > ***prescribed person*** means – > > > > > > > > (a) [*\[Section 14 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja12@GC1@Hpa@EN) a medical practitioner; and > > > > > > > > > (b) [*\[Section 14 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja12@GC1@Hpb@EN) a registered nurse or enrolled nurse; and > > > > > > > > > (ba) [*\[Section 14 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja12@GC1@Hpb@EN) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession; and > > > > > > > > > (c) [*\[Section 14 Subsection (1) amended by No. 20 of 2001, Sched. 6, Applied:03 Oct 2001\]*](/view/html/inforce/2001-10-03/act-2001-020#JS6@Ja2@GC1@EN) [*\[Section 14 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja12@GC1@Hpb@EN) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist, dental therapist, dental hygienist or oral health therapist; and > > > > > > > > > (d) [*\[Section 14 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja5@GC1@Hpa@EN) [*\[Section 14 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja12@GC1@Hpb@EN) a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; and > > > > > > > > > (e) a police officer; and > > > > > > > > > (f) [*\[Section 14 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja6@GC2@EN) > > > > > > > > > (g) [*\[Section 14 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja5@GC1@Hpb@EN) a probation officer appointed or employed under [section 5 of the](/view/html/inforce/2026-04-12/act-1997-051#GS5@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; and > > > > > > > > > (h) a principal and a teacher in any educational institution (including a kindergarten); and > > > > > > > > > (i) a person who provides child care, or a child care service, for fee or reward; and > > > > > > > > > (j) [*\[Section 14 Subsection (1) amended by No. 62 of 2001, Sched. 2, Applied:01 Sep 2003\]*](/view/html/inforce/2003-09-01/act-2001-062#JS2@Ja2@GC1@EN) [*\[Section 14 Subsection (1) amended by No. 39 of 2011, s. 13, Applied:01 Jan 2012\]*](/view/html/inforce/2012-01-01/act-2011-039#GS13@EN) a person concerned in the management of an approved education and care service, within the meaning of the Education and Care Services National Law (Tasmania), or a child care service licensed under the [Child Care Act 2001](/view/html/inforce/2026-04-12/act-2001-062) ; and > > > > > > > > > (ja) [*\[Section 14 Subsection (1) amended by No. 29 of 2019, s. 4, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS4@Hpa@EN) a member of the clergy of any church or religious denomination; and > > > > > > > > > (jb) [*\[Section 14 Subsection (1) amended by No. 29 of 2019, s. 4, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS4@Hpa@EN) a member of the Parliament of this State; and > > > > > > > > > (k) any other person who is employed or engaged as an employee for, of or in, or who is a volunteer in – > > > > > > > > > > > > (i) a Government Agency that provides health, welfare, education, child care or residential services wholly or partly for children; and > > > > > > > > > > > > > (ii) an organisation that receives any funding from the Crown for the provision of such services; and > > > > > > > > > (l) [*\[Section 14 Subsection (1) amended by No. 29 of 2019, s. 4, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS4@Hpb@EN) any other person of a class determined by the Minister by notice in the *Gazette* to be prescribed persons; > > > > > [*\[Section 14 Subsection (1) amended by No. 29 of 2019, s. 4, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS4@Hpc@EN) ***religious confession*** has the same meaning as in [section 127 of the](/view/html/inforce/2026-04-12/act-2001-076#GS127@EN) [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) . > > > (2)  [*\[Section 14 Subsection (2) amended by No. 22 of 2009, s. 6, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS6@Hpc@EN) If a prescribed person, in carrying out official duties or in the course of his or her work (whether paid or voluntary), believes, or suspects, on reasonable grounds, or knows – > > > > > > (a) [*\[Section 14 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja2@GC1@EN) that a child has been or is being abused or neglected or is an affected child within the meaning of the [Family Violence Act 2004](/view/html/inforce/2026-04-12/act-2004-067) ; or > > > > > > > (b) [*\[Section 14 Subsection (2) amended by No. 22 of 2009, s. 6, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS6@Hpa@EN) that there is a reasonable likelihood of a child being killed or abused or neglected by a person with whom the child resides; or > > > > > > > (c) [*\[Section 14 Subsection (2) amended by No. 22 of 2009, s. 6, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS6@Hpb@EN) while a woman is pregnant, that there is a reasonable likelihood that after the birth of the child – > > > > > > > > > > (i) the child will suffer abuse or neglect, or may be killed by a person with whom the child is likely to reside; or > > > > > > > > > > > (ii) the child will require medical treatment or other intervention as a result of the behaviour of the woman, or another person with whom the woman resides or is likely to reside, before the birth of the child – > > > > the prescribed person must inform the Secretary or a Community-Based Intake Service of that belief, suspicion or knowledge as soon as practicable after he or she forms the belief or suspicion or gains the knowledge. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (3)  [*\[Section 14 Subsection (3) amended by No. 22 of 2009, s. 6, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS6@Hpd@EN) Whether a person informs the Secretary or a Community-Based Intake Service under [subsection (2)](#GS14@Gs2@EN) verbally or in writing, the person must include in the information a statement of the observations, information, opinions and other grounds upon which the belief, suspicion or knowledge is based. > > > (4)  [*\[Section 14 Subsection (4) amended by No. 22 of 2009, s. 6, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS6@Hpe@EN) For the purposes of this section, the Secretary may issue or approve guidelines relating to the manner in which a person may inform the Secretary or a Community-Based Intake Service under [subsection (2)](#GS14@Gs2@EN) . > > > (5)  [*\[Section 14 Subsection (5) amended by No. 22 of 2009, s. 6, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS6@Hpf@EN) Without limiting the matters and procedures that may be included in the guidelines, the guidelines may provide that a person may inform the Secretary or a Community-Based Intake Service under [subsection (2)](#GS14@Gs2@EN) by following the procedure set out in the guidelines or by informing another person for or with whom the person works. > > > (6)  It is a defence to a charge for an offence against [subsection (2)](#GS14@Gs2@EN)  – > > > > > > (a) [*\[Section 14 Subsection (6) amended by No. 22 of 2009, s. 6, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS6@Hpg@EN) if the person charged can prove that he or she honestly and reasonably believed that the Secretary or a Community-Based Intake Service had been informed of all the reasonable grounds on which his or her belief, suspicion or knowledge was based by another person; or > > > > > > > (b) if the person charged has complied with guidelines issued under [subsection (4)](#GS14@Gs4@EN) that apply to him or her in respect of the organisation, body or other person for whom or in which the person works. > > > (7)  [*\[Section 14 Subsection (7) inserted by No. 29 of 2019, s. 4, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-029#GS4@Hpd@EN) Despite [section 127 of the](/view/html/inforce/2026-04-12/act-2001-076#GS127@EN) [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) , a member of the clergy of any church or religious denomination is not entitled to refuse to comply with [subsection (2)](#GS14@Gs2@EN) on the grounds that he or she formed the belief or suspicion or gained the knowledge as a consequence of information communicated to that member of the clergy during a religious confession.