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Home Just for the children Childrens Resource Library Other Documents - Child Specific "Failure to Disclose" offence

"Failure to Disclose" offence

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An offence for failure to disclose child sexual abuse came into force on 27 October 2014. This offence has been introduced as part of the Crimes Amendment (Protection of Children) Act 2014, in response to a recommendation from the report of the Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations, Betrayal of Trust.

The new offence requires that any adult (aged 18 and over) who holds a reasonable belief that a sexual offence has been committed in Victoria by an adult against a child (aged under 16) disclose that information to police (unless they have a reasonable excuse).

The Fact sheet is intended to clarify reporting obligations for Department of Human Services (DHS) staff and funded organisations. It should be read together with the general information fact sheet on the new ‘failure to disclose’ offence also available on the Department of Justice website.

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Sector Highlights

Compulsory child safe standards start January 1st 2016

The Victorian Government is introducing new compulsory child safe standards by legislation to help protect children from abuse. The compulsory minimum standards that will apply to organisations that provide services for children to help ensure the safety of children. The child safe standards form part of the Victorian Government’s response to the Betrayal of Trust Inquiry.

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