sec.365AObligation to report likely sexual abuse of person under 18 years at State school

sec.365A Obligation to report likely sexual abuse of person under 18 years at State school

Subsection (2) applies if a staff member of a State school (the first person ) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person— a student under 18 years attending the school; a kindergarten age child registered in— a kindergarten learning program at the school; or a distance education kindergarten learning program at the school; a person with a disability who— under section 420 (2) , is being provided with special education at the school; and is not enrolled in the preparatory year at the school. The first person must give a written report about the first person’s suspicion to the school’s principal or the principal’s supervisor— immediately; and if a regulation is in force under subsection (4) , as provided under the regulation. However, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer— immediately; and if a regulation is in force under subsection (4) , as provided under the regulation. A regulation may prescribe the particulars the report must include. A State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer. Subsection (7) applies if the report is about a suspicion of likely abuse by an employee of a State school. The principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee ). A person who makes a report under subsection (2) or (3) , or gives a copy of a report under subsection (5) or (7) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else. Without limiting subsection (8) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information. To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section. s 365A ins 2011 No. 39 s 9 (amd 2012 No. 35 s 3 ) amd 2018 No. 1 s 150 sch 2 (sec.365A-ssec.1) Subsection (2) applies if a staff member of a State school (the first person ) reasonably suspects, in the course of the staff member’s employment at the school, that any of the following is likely to be sexually abused by another person— a student under 18 years attending the school; a kindergarten age child registered in— a kindergarten learning program at the school; or a distance education kindergarten learning program at the school; a person with a disability who— under section 420 (2) , is being provided with special education at the school; and is not enrolled in the preparatory year at the school. (sec.365A-ssec.2) The first person must give a written report about the first person’s suspicion to the school’s principal or the principal’s supervisor— immediately; and if a regulation is in force under subsection (4) , as provided under the regulation. (sec.365A-ssec.3) However, if the first person is the school’s principal, the principal must give a written report about the suspicion to a police officer— immediately; and if a regulation is in force under subsection (4) , as provided under the regulation. (sec.365A-ssec.4) A regulation may prescribe the particulars the report must include. (sec.365A-ssec.5) A State school’s principal or a principal’s supervisor must immediately give a copy of a report given to the principal or supervisor under subsection (2) to a police officer. (sec.365A-ssec.6) Subsection (7) applies if the report is about a suspicion of likely abuse by an employee of a State school. (sec.365A-ssec.7) The principal or principal’s supervisor must also immediately give a copy of the report to a person nominated by the chief executive for the purpose (the chief executive’s nominee ). (sec.365A-ssec.8) A person who makes a report under subsection (2) or (3) , or gives a copy of a report under subsection (5) or (7) , is not liable, civilly, criminally or under an administrative process, for giving the information contained in the report to someone else. (sec.365A-ssec.9) Without limiting subsection (8) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the given information under an Act, oath, rule of law or practice—the person does not contravene the requirement by giving the information. (sec.365A-ssec.10) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person omits to do an act required under this section.