Community Refuge



To: The Management

Community Refuge

From: The Coordinator

Department of Community Services

After the case been addressed to me, I have made some important points regarding the issue which are outlined below in a question and answer format which will automatically answer all the queries.

Does the legislation provide legal protection for people involved in making a mandatory report?

Yes. The legislation provides protection for:

• A person who makes a mandatory report (the reporter).

• A person who provides information which forms the basis of the report or causes a report to be made (the informant).

What is a reporter and an informant protected from?

Reporters and informants who act in good faith will be protected from:

• Civil or criminal liability.

• Breach of a duty of confidentiality.

• Breach of professional ethics, standards, codes of conduct or from engaging in unprofessional conduct,which would normally arise from the actions involved in making a mandatory report.

Will a mandatory reporter's identity be protected?

Yes. As a general rule, both the reporter's and informant's identities must not be disclosed to others.

The mandatory reporting legislation provides strong confidentiality protection for mandatory reporters and for those who provide information on the basis of which a report is made, or who otherwise cause a report to be made.

A reporter's identity can be disclosed in only limited circumstances. There are penalties of up to a $24,000 fine and 2 years imprisonment for people who breach these confidentiality provisions.

The mandatory reporting legislation is intended to strictly manage information about a reporter's identity in the interests of promoting the protection of children as well as protecting and supporting mandatory reporters.

Is there a penalty for disclosing the identity of a reporter?

Yes, it is an offence to disclose the identity of a reporter that carries a maximum fine of $24,000 and imprisonment for two (2) years.

This includes disclosing information which does not directly name the reporter or informant, but might allow others to work out who they are.

There may be cases where disclosing identifying information is necessary to protect a child or is unavoidable. The legislation has made allowances for these cases.

However, identifying information should not be revealed just because the legislation allows it. People still need to carefully consider whether a person's safety would be put at risk by revealing their identity.

When might a reporter's identity be disclosed?

Revealing identifying information about a reporter or informant will be allowed where:

• The Department sends a copy of every written report to the Western Australia Police (as required by law), that includes the reporter's details.

• A person is performing functions under the Children and Community Services Act 2004.

• A Department for Child Protection officer finds it necessary to do so during child protection, family law or adoption proceedings relating to the child.

• A person is being prosecuted for an offence relating to mandatory reporting (for example, making a misleading report).

• The reporter consents in writing to the identifying information being revealed.

In other cases, a Court must give permission for identifying information to be revealed and can only do so where:

• satisfied that ...