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Mandatory reporting by nurses of child abuse and neglect

Mathews, Benjamin P. and Walsh, Kerryann M. and Fraser, Jennifer A. (2006) Mandatory reporting by nurses of child abuse and neglect. Journal of Law and Medicine 13(4):pp. 505-517.

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Abstract

Most Australian jurisdictions have mandatory reporting legislation to compel members of selected professional groups, including nurses, to report suspicions that a child has been or is likely to be subjected to abuse or neglect. This article details the legal obligations of nurses in each jurisdiction, and highlights differences between jurisdictions. Problematic features of the laws are identified, including the use of ambiguous concepts like ‘reasonable’ suspicion and ‘significant’ harm. Literature is reviewed to identify what is known about nurses’ legal knowledge, actual reporting practice, and the practical problems that arise for nurses in this context. It is concluded that empirical research needs to be conducted, because it is not known if the laws are practically effective, whether nurses have sufficient training and knowledge of their reporting duties, or what factors influence sound reporting. Such research can inform both the development of sound training systems and recommendations for legal reform.

Item Type:Journal Article
RM Number:2007004659
Status:Published
Keywords:Child abuse and neglect; Australian mandatory reporting laws ; nurses; legislation and policy; legislative differences and questions
Subjects:390000 Law, Justice and Law Enforcement
ID Code:5870
Deposited By:Walsh, Kerryann
Deposited On:02 January 2007
Alternative Locations:http://www.thomson.com.au/catalogue/shopexd.asp?id=965
Copyright Owner:Copyright 2006 Thomson Legal & Regulatory
Copyright Statement:Reproduced in accordance with the copyright policy of the publisher.