38Informing of concern about family violence

### 38 Informing of concern about family violence > > (1)  In this section – > > > > > ***prescribed person*** means – > > > > > > > > (a) a registered medical practitioner; and > > > > > > > > > (b) a nurse, within the meaning of the *Nursing Act 1995*; and > > > > > > > > > (c) a person who is registered as a dentist, dental therapist or dental hygienist under the *Dental Practitioners Registration Act 2001*; and > > > > > > > > > (d) a registered psychologist, within the meaning of the *Psychologists Registration Act 2001*; and > > > > > > > > > (e) a police officer; and > > > > > > > > > (f) a correctional officer or probation officer appointed or employed under section 5 of the *Corrections Act 1997*; and > > > > > > > > > (g) a principal or a teacher in any educational institution (including a kindergarten); and > > > > > > > > > (h) a person who provides child care, or a child care service, for fee or reward; and > > > > > > > > > (i) a person concerned in the management of a child care service licensed under the *Child Care Act 2001*; and > > > > > > > > > (j) any other person of a class determined by the Minister by notice in the *Gazette* to be prescribed persons. > > > (2)  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, that family violence involving the use of a weapon, sexual violence or physical violence, or where a child is affected, has occurred or is likely to occur, the prescribed person must inform a police officer as soon as practicable. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (3)  Whether a person informs a police officer under subsection (2) verbally or in writing, the person must include in the information his or her name and address and a statement of the observations, information, opinions and other grounds upon which the belief, suspicion or knowledge is based. > > > (4)  It is a defence in proceedings for an offence under subsection (2) if the person charged establishes that he or she honestly and reasonably believed that a police officer had been informed by another person of the relevant belief, suspicion or knowledge.