Teachers’ duties to report suspected child abuse and tortious liability

Butler, Desmond A., Mathews, Benjamin P., Farrell, Ann, & Walsh, Kerryann M. (2009) Teachers’ duties to report suspected child abuse and tortious liability. Torts Law Journal, 17(1), pp. 1-23.

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Society’s greater awareness of the incidence of and damage caused by child abuse and neglect has led to the enactment in most Australian states and territories of legislation requiring teachers, among others, to report suspicions of abuse. These jurisdictions impose penalties for failure to comply with the mandatory duty, but make no provision for child victims to recover compensation for harm they suffer as a result of a failure to report. This article considers whether the common law provides an avenue for recovery of damages in such circumstances. It also considers whether liability may be incurred in cases where a report is incorrectly made and causes harm to be suffered by a person or persons wrongly accused of child abuse.

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ID Code: 20168
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Child sexual abuse, Teachers, Mandatory reporting laws, Negligence, Breach of statutory duty
ISSN: 1038-5967
Divisions: Current > Research Centres > Office of Education Research
Current > QUT Faculties and Divisions > Faculty of Education
Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Early Childhood & Inclusive Education
Current > Schools > School of Law
Copyright Owner: Copyright 2009 LexisNexis Butterworths
Deposited On: 28 Apr 2009 04:26
Last Modified: 29 Feb 2012 14:02

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