1 Short title

This Act may be cited as the Child Protection and Education Legislation (Reporting of Abuse) Amendment Act 2017.

2 Act amended

This part amends the Child Protection Act 1999.

3 Amendment of s 13E (Mandatory reporting by persons engaged in particular work)

Section 13E(1)—

insert—

(g) a minister of a religious denomination or society who performs work for, or has an association with, a school. Examples of a minister for paragraph (g)—priest, pastor, bishop, rabbi, imam

4 Act amended

This part amends the Education (General Provisions) Act 2006.

5 Amendment of s 364 (Definitions for pt 10)

Section 364—

insert—

"religious representative" means a minister of a religious denomination or society. Examples—priest, pastor, bishop, rabbi, imam

6 Amendment of s 365 (Obligation to report sexual abuse of person under 18 years at State school)

(1) Section 365(4A) to (7)—renumber as section 365(8) to (11).

(2) Section 365—insert—

(5) Subsection (6) applies if a religious representative, other than a person to whom subsection (2) or (2A) applies, becomes aware, or reasonably suspects, in the course of the representative’s work for, or association with, a State school, that a person mentioned in subsection (1)(a) to (c) at the school has been sexually abused by another person.

(6) The religious representative must give a written report about the abuse, or suspected abuse, to a police officer—

(a) immediately; and

(b) if a regulation is in force under subsection (7), as provided under the regulation.

Maximum penalty—20 penalty units.

(7) A regulation may prescribe the particulars the report must include.

(3) Section 365(8) and (10), as renumbered, ‘(5)’—omit, insert—(9)

(4) Section 365(8), as renumbered, ‘the report’—omit, insert—a report given under subsection (2), (2A) or (6)

(5) Section 365(9), as renumbered, ‘or principal’s supervisor’—omit, insert—, principal’s supervisor or religious representative

(6) Section 365(10), as renumbered, ‘or (2A)’—omit, insert—, (2A) or (6)

(7) Section 365(11), as renumbered, ‘(6)’—omit, insert—(10)

7 Amendment of s 365A (Obligation to report likely sexual abuse of person under 18 years at State school)

(1) Section 365A(6) to (10)—renumber as section 365A(9) to (13).

(2) Section 365A—insert—

(6) Subsection (7) applies if a religious representative, other than a person to whom subsection (2) or (3) applies, reasonably suspects, in the course of the representative’s work for, or association with, a State school, that a person mentioned in subsection (1)(a) to (c) at the school is likely to be sexually abused by another person.

(7) The religious representative must give a written report about the suspicion to a police officer—

(a) immediately; and

(b) if a regulation is in force under subsection (8), as provided under the regulation.

Maximum penalty—20 penalty units.

(8) A regulation may prescribe the particulars the report must include.

(3) Section 365A(9) and (11), as renumbered, ‘(7)’—omit, insert—(10)

(4) Section 365A(9), as renumbered, ‘the report’—omit, insert—a report given under subsection (2), (3) or (7)

(5) Section 365A(10), as renumbered, ‘or principal’s supervisor’—omit, insert—, principal’s supervisor or religious representative

(6) Section 365A(11), as renumbered, ‘or (3)’—omit, insert—, (3) or (7)

(7) Section 365A(12), as renumbered, ‘(8)’—omit, insert—(11)

8 Amendment of s 366 (Obligation to report sexual abuse of person under 18 years at non-State school)

(1) Section 366(5) and (6)—renumber as section 366(8) and (9).

(2) Section 366—insert—

(5) Subsection (6) applies if a religious representative, other than a person to whom subsection (2) or (2A) applies, becomes aware, or reasonably suspects, in the course of the representative’s work for, or association with, a non-State school, that a person mentioned in subsection (1)(a) to (c) at the school has been sexually abused by another person.

(6) The religious representative must give a written report about the abuse, or suspected abuse, to a police officer—

(a) immediately; and

(b) if a regulation is in force under subsection (7), as provided under the regulation.

Maximum penalty—20 penalty units.

(7) A regulation may prescribe the particulars the report must include.

(3) Section 366(8), as renumbered, ‘or (2A)’—omit, insert—, (2A) or (6)

(4) Section 366(9), as renumbered, ‘(5)’—omit, insert—(8)

9 Amendment of s 366A (Obligation to report likely sexual abuse of person under 18 years at non-State school)

(1) Section 366A(7) to (9)—renumber as section 366A(10) to (12).

(2) Section 366A—insert—

(7) Subsection (8) applies if a religious representative, other than a person to whom subsection (2) or (3) applies, reasonably suspects, in the course of the representative’s work for, or association with, a non-State school, that a person mentioned in subsection (1)(a) to (c) at the school is likely to be sexually abused by another person.

(8) The religious representative must give a written report about the suspicion to a police officer—

(a) immediately; and

(b) if a regulation is in force under subsection (9), as provided under the regulation.

Maximum penalty—20 penalty units.

(9) A regulation may prescribe the particulars the report must include.

(3) Section 366A(10), as renumbered, ‘or (3)’—omit, insert—, (3) or (8)

(4) Section 366A(11), as renumbered, ‘(7)’—omit, insert—(10)

10 Amendment of sch 4 (Dictionary)

Schedule 4—

insert—

"religious representative", for chapter 12, part 10, see section 364.