Under amendments to the Criminal Law Consolidation Act 1935 (CLCA) which came into effect in South Australia in 2022, it is a criminal offence if a person fails to report and/or fails to protect a child from child sexual abuse in an institutional setting. 

These new laws were introduced in response to findings and recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse. 

The purpose of these new laws is twofold:

1. To require that appropriate steps are taken by those with the power or responsibility to do so, to protect children from sexual abuse in institutional settings, and 
2. To require that reports to police are made in all situations where it is known or suspected that a person has, or may, sexually abuse a child within an institutional setting.

Failure to Protect - Section 65 CLCA

It is a criminal offence if clergy, religious, an employee, or a volunteer fails to take steps to protect a child in situations where they know that there is substantial risk that another person of the archdiocese, such as a member of the clergy, a spiritual leader, or teacher, will sexually abuse a child. Penalties apply if it is found that the person, (clergy, religious, employee, or volunteer) had the power or responsibility to remove or reduce the risk but negligently failed to do so.

Note: It is not necessary for the prosecution to prove that sexual abuse of a child occurred to make out an offence against this section. 

The maximum penalty is 15 years' imprisonment for negligently failing to act.

Failure to Report to Police - Section 64A CLCA

It is also a criminal offence if clergy, religious, an employee, or a volunteer of the archdiocese fails to report to police if they know or suspect that another person of the archdiocese (clergy, religious, or an employee) has sexually abused, or is likely to sexually abuse a child.

The maximum penalty is 3 years' imprisonment.

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To report suspected sexual abuse of a child to the police: Ph South Australia Police (SAPOL) on 131 444

Remember: Always phone 000 if you think a child is in immediate danger. 

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If you have any queries relating to these new laws, please contact:

• The Integrity and Professional Standards Team Ph: 08 8210 8150 or E: receptionprofstandards@adelaide.catholic.org.au, or