Mandatory reporting:
Under the Children and Young People (Safety) Act 2017, all clergy, members of religious orders, employees, and volunteers of the Catholic Archdiocese of Adelaide are mandated notifiers.
This means that if you suspect that a child or young person is at risk of harm, or has been harmed, and you form that suspicion in the course of your work or volunteer role within the archdiocese, you must make a report to the Department for Child Protection's Child Abuse Report Line (CARL).
To make a report to the Child Abuse Report Line (CARL): Ph 13 14 78
Failure to report to police:
Under Section 64A of the Criminal Law and Consolidation Act 1935, it is also a legal requirement for all employees, clergy, and volunteers of the archdiocese to report to SA police if they have suspicions or knowledge regarding the sexual abuse of a child by clergy, religious, or an employee of the archdiocese.
Failure to report under this legislation incurs criminal penalties.
To make a report regarding the alleged sexual abuse of a child by clergy, religious, or an employee of the archdiocese, you must contact SA Police: Ph 131 444
Reporting to the Integrity & Professional Standards Team:
All suspicions, concerns, allegations, and reports of child abuse must also be reported to the Integrity and Professional Standards Team: Ph 8210 8150.
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If you are worried about the immediate safety of a child or young person Ph: 000
If you need assistance in making a report to CARL or to the police, or if you have any queries, please contact the Integrity and Professional Standards Team for professional support and advice: Ph 8210 8150
Suspicion regarding the abuse of a child may arise because:
If a child or young person discloses that they have been harmed or abused, it is important that you:
If the child asks you not to tell anyone, this is not a secret that you can keep.
This is because you could be placing the child or young person at further risk of continued abuse, or even more serious harm.
In effect, you become part of the abuse because you are:
Remember, notification is mandatory under Section 31 of the Children and Young People (Safety) Act 2017 for all clergy, employees, and volunteers of the archdiocese.
Reporting of suspected child sexual abuse perpetrated by a member of the clergy or an employee of the archdiocese is also a requirement under Section 64 A of the Criminal Law and Consolidation Act 1935 for all clergy, employees, and volunteers of the archdiocese. This means that failure to report may incur criminal penalties.
You are not helping the child or young person if you agree not to tell anyone.
You don’t have to be sure, and you don’t have to have proof that the harm or abuse has occurred. You are simply required to report your suspicion.
When you make a report, you may feel torn between your legal responsibility to report and your own concern that reporting may jeopardise your relationship with the child, the child’s family, or the person who is alleged to have hurt the child, particularly if that person is a member of your parish or in a position of authority in your parish.
Remember, the safety of the child or young person is the most important consideration and must always be paramount. This means you must make a report. If you don’t report, you could be placing the child or young person at further risk of even more serious harm.
In effect, by not notifying, you become a part of the abuse because you are:
Mandatory notification overrides professional etiquette, ethics, or conduct.
Notification does not provide grounds for civil action if the report is made in good faith. Reporting in good faith simply means that you hold an honest belief that the child or young person is at risk of being harmed, has been harmed or abused, or that the substance of the notification is based on reasonable grounds. A suspicion in good faith does not mean that you are personally required to believe, beyond doubt, that the harm, abuse, or neglect has occurred.
There are significant penalties for failing to report and failing to protect children.
Failure to Report - to CARL
For mandated notifiers, failure to report to the Child Abuse Report Line (CARL) is an offence under the Children and Young People (Safety) Act, 2017, and currently carries a maximum penalty of $10,000. It is the individual who is fined, not the employer or the organisation.
To report suspected harm or risk of harm to a child: Ph CARL 13 14 78
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In addition, under amendments to the Criminal Law Consolidation Act 1935 which came into effect in 2022, it is also a criminal offence if a person fails to report and/or fails to protect a child from child sexual abuse.
These new laws were introduced in response to findings and recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse.
Failure to Report - to Police
It is a criminal offence if clergy, religious, an employee, or a volunteer 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 in prison.
To report suspected sexual abuse of a child to the police: Ph South Australia Police (SAPOL) on 131 444
Failure to Protect
It is also 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 failed to do so. The maximum penalty is 15 years imprisonment for negligently failing to act.
Remember: Always phone 000 if the child is in immediate danger.