conduct scheme to ensure that any reportable conduct schemes, and Child reports made under those schemes Safe Standards in the final report and will that may involve child sexual abuse be considered alongside consideration of offences are brought to the attention those recommendations. of police Paragraph (b) of this recommendation is include appropriate defences in the related to recommendation 33. failure to report offence to avoid duplication of reporting under mandatory reporting and any reportable conduct schemes. For further consideration Each state and territory government should This recommendation is related to ensure that the legislation it introduces to recommendation 33. create the criminal offence of failure to report recommended in recommendation 33 addresses religious confessions as follows: The criminal offence of failure to report should apply in relation to knowledge gained or suspicions that are or should have been formed, in whole or in part, on the basis of information disclosed in or in connection with a religious confession. The legislation should exclude any existing excuse, protection or privilege in relation to religious confessions to the extent necessary to achieve this objective. Religious confession should be defined to include a confession about the conduct of a person associated with the institution made by a person to a second person who is in religious ministry in that second person’s professional capacity according to the ritual of the church or religious denomination concerned. For further consideration State and territory governments should Further consideration and consultation introduce legislation to create a criminal with stakeholders is required. offence of failure to protect a child within a relevant institution from a substantial risk of This recommendation is also closely sexual abuse by an adult associated with the related to recommendations concerning institution as follows: mandatory reporting, reportable conduct The offence should apply where: schemes, and Child Safe Standards in i. an adult person knows that there is the final report and will be considered a substantial risk that another adult alongside consideration of those person associated with the institution recommendations. will commit a sexual offence against: a child under 16 a child of 16 or 17 years of age if the person associated with the institution is in a
conduct scheme to ensure that any reports made under those schemes that may involve child sexual abuse offences are brought to the attention of police include appropriate defences in the failure to report offence to avoid duplication of reporting under mandatory reporting and any reportable conduct schemes. reportable conduct schemes, and Child Safe Standards in the final report and will be considered alongside consideration of those recommendations. Paragraph (b) of this recommendation is related to recommendation 33. Each state and territory government should ensure that the legislation it introduces to create the criminal offence of failure to report recommended in recommendation 33 addresses religious confessions as follows: The criminal offence of failure to report should apply in relation to knowledge gained or suspicions that are or should have been formed, in whole or in part, on the basis of information disclosed in or in connection with a religious confession. The legislation should exclude any existing excuse, protection or privilege in relation to religious confessions to the extent necessary to achieve this objective. Religious confession should be defined to include a confession about the conduct of a person associated with the institution made by a person to a second person who is in religious ministry in that second person’s professional capacity according to the ritual of the church or religious denomination concerned. For further consideration This recommendation is related to recommendation 33. State and territory governments should introduce legislation to create a criminal offence of failure to protect a child within a relevant institution from a substantial risk of sexual abuse by an adult associated with the institution as follows: The offence should apply where: i. an adult person knows that there is a substantial risk that another adult person associated with the institution will commit a sexual offence against: a child under 16 a child of 16 or 17 years of age if the person associated with the institution is in a For further consideration Further consideration and consultation with stakeholders is required. This recommendation is also closely related to recommendations concerning mandatory reporting, reportable conduct schemes, and Child Safe Standards in the final report and will be considered alongside consideration of those recommendations.