QUT ePrints

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.

[img] Published Version (PDF 165kB)
pending for publisher permission.
Administrators only | Request a copy from author

Abstract

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.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

ID Code: 20168
Item Type: Journal Article
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
Current > Schools > School of Law
Copyright Owner: Copyright 2009 LexisNexis Butterworths
Deposited On: 28 Apr 2009 14:26
Last Modified: 01 Mar 2012 00:02

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page