Page 4305 - Week 14 - Thursday, 24 October 1991
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I think it is more appropriate for this Assembly to leave the current provisions as they are, await the views of the Community Law Reform Committee, and then look at whether or not there is a need to amend the law. So, although Mr Stefaniak's amendments are well motivated, and although they are directed at an obvious social problem, the Government does not think it is appropriate to support them at this stage as it is an amendment to a non-proclaimed section of the Act which is itself currently the subject of review by the Community Law Reform Committee. I commend Mr Stefaniak for his motivation in this area, but I am unable to support the amendment.
MR COLLAERY (4.52): The Rally repeats the comments we made earlier, in the in-principle stage - that we will not support a pre-emptive decision on mandatory reporting. We also observe that section 103 has not had sufficient community support, in effect, for it to be introduced since the Act was brought in in 1986. It will require a fairly decisive community support initiative now that we have self-government. The Law Reform Committee has proved itself capable of conducting effective community consultation in respect of a number of its references to date and that may be an appropriate venue to discuss this emotive issue. It has wide ramifications, as we mentioned earlier.
I am aware that section 106 has its origins in the Law Reform Commission's report No. 18 on child welfare, which was the precursor document to this legislation. Members should be aware that at paragraph 106 of the commission's report the commission was quite certain of its views in this matter. I will read into the record what it said about compulsory notification, or mandatory reporting as we call it:
Child abuse is more common than most people believe. It is imperative that the children involved should not be condemned to neglect and indifference. New legislative initiatives are needed to deal more effectively with this special class of children in need of care. As a means to ensure the provision of care and protection to children the subject of child abuse, legislative provision should be made for compulsory reporting of suspected cases of child abuse in the ACT. The following classes of person should be under a duty to notify a case of child abuse:
. medical practitioners;
. dentists;
. nurses;
. police officers;
. teachers and persons employed to counsel children in a school;
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