1.5.4. Queensland 1.5.4.1. Original position at 1 January 2003: Queensland Health Act 1937 (Qld): Original legislation for doctors At 1 January 2003, doctors were the only profession in Queensland who had any form of mandatory reporting duty. The duty was in the Health Act 1937 (Qld) s76K(1). The provision was unlike any other in Australia. The provision required a ‘medical practitioner’ who suspects on reasonable grounds the ‘maltreatment or neglect of a child in such a manner as to subject or be likely to subject the child to unnecessary injury, suffering or danger’ to report within 24 hours to a person authorised under a regulation to be notified. Apart from the stated concepts of ‘unnecessary injury, suffering or danger’, the terms ‘maltreatment’ and ‘neglect’ were not defined. The terms ‘unnecessary injury, suffering or danger’ were not otherwise defined. ‘Child’ was defined as a person under the age of 17 (s 76M). Immunity from proceedings was conferred by ss 76K(6) and (7). Also unusually, there was no penalty for failure to comply. Due to the broad concepts in this reporting duty, it may be expected that doctors would be reporting substantial numbers of cases. However, the lack of a penalty may also have influenced a failure to report. No legislation for nurses, teachers, police and other professionals At 1 January 2003, doctors were the only profession in Queensland under any form of mandatory reporting duty. 1.5.4.2. Key changes, 2013-12: Queensland The legislation has changed significantly in the period 2003-2012, especially for nurses and teachers. Queensland has now introduced new mandatory reporting legislation for doctors and nurses, for all four forms of child abuse and neglect. There is also mandatory reporting provisions for school staff, although this duty is very limited (applying to sexual abuse only). However, the reporting duties in Queensland are still narrower than most other jurisdictions. legislative change for doctors, and applying to nurses – broader duties (commencing 31 August 2005) The Child Safety Legislation Amendment Act (No. 2) 2004 (No. 36) amended the Health Act 1937 to extend doctors’ reporting duties and made the provisions much more specific and detailed. In a major development, these provisions were also extended to nurses. These provisions imposed a wide reporting duty for all four classical forms of child abuse and neglect, provided the suspected harm reached the
Ethnicity/race (children of colour not more likely to be reported) 2 Egu & (2003); Willis & Wells (1988) Case factors (family) Family hostility/disinterest/resistance (more likely to be reported) 7 Azevedo et al., (2012); Crenshaw et al., (1995); Janowski & Martin (2003); Kalichman & Craig (1991); Kalichman et al., (1989); O’Toole et al., (1994); Sundell (1997) Family SES (generally, lower SES more likely to be reported) 3 Lane & Dubowitz (2007); Nelpka et al., (1981) – positive & negative Turbett & O’Toole, (1983) Family ethnicity/race (families of colour not more likely to be reported) 2 Nelpka et al., (1981); Turbett & O’Toole, (1983) Co-occurrence with intimate partner violence (more likely to be reported) 1 Davidov et al., (2012) Co-occurrence with substance abuse (more likely to be reported) 1 Sundell (1997) Reporter factors Socio-demographics Age (no association) 4 Ashton (1999) – no assoc; Bryant & Milsom (2005) – no assoc; O;Toole et al., (1994) – no assoc; Saulsbury & Campbell (1985) – no assoc Gender (mixed findings) 6 Ashton (1999) – no assoc; Bryant & Milsom (2005) – no assoc; Gunn et al., (2005) – male; Kenny (2001) – female; O’Toole et al (1994) – no assoc; O’Toole et al., (1999) – male; Ethnic background (mixed findings) 3 Ben Natan et al., (2012) – Jewish; O;Toole et al., (1994) – no assoc; O’Toole et al., (1999) – non-white