Queensland teachers' new legal obligation to report child sexual abuse

Abstract

Legislative amendments commencing in 2004 impose a new obligation on teachers and staff in Queensland schools to report known or suspected sexual abuse of a student by a school employee. The obligation to report this class of abuse is the first statutory obligation ever imposed on teachers in Queensland regarding the reporting of child abuse. However, when compared with the mandatory reporting legislation applying to teachers in other Australian jurisdictions, the Queensland provisions are very limited. This article examines the legislative changes and their context, compares the Queensland legislation with that in other Australian jurisdictions, and discusses the issue of whether there should be a general obligation imposed on teachers in Queensland to report all known or suspected child abuse and neglect. This discussion involves a consideration of the incidence and consequences of child abuse and neglect, the role of teachers, and arguments for and against imposing such a general obligation.