Information and Instructions

• Mandatory reporters
• Making a mandatory report
• Information that must be provided in a mandatory report
• Defence for not submitting a report
• Identity of the mandatory reporter
• The role of the Mandatory Reporting Service
• Referrals to WA Police Force
• Mandatory reports made via a district office
• Priority One response
• Working collaboratively with mandatory reporters
• Other practice issues

Mandatory reporters

On 1 November 2023, WA's mandatory reporting of child sexual abuse scheme was expanded to include Department of Communities employees (referred to as departmental officers in the Act).

For a detailed list of current mandatory reporters and definitions of mandatory reporter groups, refer to the Mandatory Reporting of Child Sexual Abuse in WA webpage.  


Under s.124B of the Act, a mandatory reporter must make a report to Communities' Mandatory Reporting Service if they:

• form a belief on or after commencement day
• based on reasonable grounds
• in the course of their paid or unpaid work 
• that a child has been the subject of sexual abuse after they became a mandatory reporter (commencement day) or is the subject of ongoing sexual abuse

The report must be made as soon as practicable after forming the belief.
Commencement day for Communities employees is 1^st November 2023.


Commencement day is the day on which a person became a mandatory reporter under the Act.  Not all mandatory reporters have the same commencement day because of the different years in which they became reporters.  

In section 124A of the Act, "sexual abuse in relation to a child includes sexual behaviours that have occurred in circumstances where: 


• the child is the subject of bribery, coercion, a threat, exploitation, or violence; or
• the child has less power than another person involved in the behaviour; or
• there is a significant disparity in the developmental function or maturity of the child and another person involved in the behaviour."

Mandatory reporting laws are intended to protect children from sexual abuse rather than to address historical child sexual abuse which occurred to a person when they were a child.  The duty to report does not apply where an adult discloses sexual abuse they may have suffered as a child.  However, if a mandatory reporter believes that another child has been sexually abused by the person the historic disclosure relates to or is believed to be the subject to ongoing sexual abuse by that person, the duty to make a mandatory report still applies.

A mandatory reporter may come to form a belief that a child has been, or is being, sexually abused for many reasons. These might include, for example:

• observing behavioural and/or physical indicators and/or an abusive situation or
• receiving a disclosure from a child or a perpetrator or
• receiving a disclosure from a third party (another child, a parent, a colleague).

A reporter's duty to make a mandatory report does not include a duty to provide proof or evidence that sexual abuse has occurred or is occurring to a child.

A mandatory report must be made as soon as practicable after forming the belief, which in principle, should be within 24hrs.


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Making a mandatory report

As at 1 November 2023, all Department employees must comply with the legal requirements outlined in Division 9A Reporting sexual abuse of children in the Act.


You are not required to complete a referral (Form 523) to the WA Police as the Mandatory Reporting Service will submit the mandatory report to WA Police on your behalf. 


You must submit a mandatory report as soon as practicable after forming a belief that a child has or is being sexually abused.   There are two ways a child protection worker can make a report; directly via an interaction or via the Mandatory Reporting Information System. Child protection workers can submit a mandatory report direct from an interaction, refer to related resource Mandatory Reporting Expansion User Guide then follow the guidance outlined in entry 2.2 Processing referrals and interactions. If the mandatory report is being submitted by a case manager for a child they case manage, the preference is to submit the mandatory report via an interaction as per the above process. A Mandatory Report can also be submitted via the Mandatory Reporting Information System (web portal).  A preliminary verbal report can be made via telephone to 1800 708 704. This must be followed by a written report as soon as practicable after the verbal report is made, preferably within 24 hours.  A maximum penalty of $3000 applies if a reporter fails to submit a report in writing after making a verbal report.  For other methods to make a mandatory report, refer to the Mandatory Reporting website.   Failure to make a mandatory report is an offence with a maximum penalty of $6000.  As well as a criminal record if convicted, there is the possibility of deregistration from any professional or registration body the person may be required to be a member of.

When a mandatory reporter makes a report online, they will receive an automated response which includes a receipt number. This is displayed on the screen after the report has been successfully lodged. If the reporter requires this receipt number, they can call the MRS to ask for it at any time.

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Information that must be provided in a mandatory report

Under section 124C of the Act, a mandatory report must contain the following information:

• The reporter's name and contact details.
• The name of the child, or, if this cannot be obtained after reasonable inquiries, a description of the child.
• The grounds on which the reporter's belief of child sexual abuse has been formed.

Section 124C also requires the following information to be provided to the extent it is known by the reporter:

• The child's date of birth.
• Information about where the child lives.
• The names of the child's parents or other appropriate adult members of the child's family or adult with whom the child lives.
• The name of any person alleged to be responsible for the sexual abuse and their contact details and relationship to the child.
  

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Defence for not submitting a report

If a person is charged with the offence of not making a mandatory report, it is a defence if the person is able to prove that they honestly and reasonably believe that:

• the details and grounds for them believing that a child was or is being sexually abused have been included in a mandatory report made by another person;

• the Department had caused, or was causing inquiries into the child's wellbeing under section 31 of the Act, or

• the Department had taken or was taking action in respect of the child's wellbeing under section 32 of the Act.
  

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Identity of the mandatory reporter

​Section 124F of the Act has strict provisions relating to the confidentiality of the identity of a mandatory reporter. 

Anyone who becomes aware of the identity of a mandatory reporter must not disclose identifying information to another person unless an exception under that section applies. 


Identifying information means information:

1. that identifies the reporter; or
2. that is likely to lead to the identification of the reporter; or
3. from which the identity of the reporter could be deduced.

When engaging with staff from external organisations, making mandatory report enquiries or contacting parents, including when leaving telephone messages, identify yourself as a worker from the Department, not from the MRS.  This is very important to help maintain a mandatory reporter's confidentiality.


There are a number of circumstances in which a reporter's identity may be disclosed. Refer to s.124F(2) of the Act for further information.


A Court may give permission for identifying information to be revealed in legal proceedings under s.124H(2) of the Act, but can only do so if satisfied that:

• necessary to safeguard and promote the wellbeing of the child 
• critically important in the proceedings and there is compelling reason in the public interest to make the disclosure, or 
• the reporter consents to the disclosure.

Mandatory reporters are protected from liability if they make a report in good faith. This includes protection from:

• civil or criminal liability
• breach of confidentiality or secrecy imposed by law, and 
• breach of professional ethics or standards, principles of conduct related to employment,  or engaging in unprofessional conduct (s.129 of the Act).
  

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The role of the Mandatory Reporting Service

​The Mandatory Reporting Service (MRS) is a state-wide 24-hour centralised reporting service within the Statewide Referral and Response Service (SRRS) which operates from 7am to 10pm, 7 days a week. The MRS is responsible for receiving, assessing, processing, and recording all mandatory reports of child sexual abuse, and referring matters to the district that require further assessment or investigation.

On receipt of a report MRS undertake an initial assessment to determine if the Department has a role. MRS has clear processes for contacting the reporter and the family, where appropriate, to clarify information already provided, and to gather further information.

Mandatory reports of child sexual abuse are assessed in the same manner as all other notifications of abuse, including neglect. For further information, refer to:

• Chapter 2.2 Processing referrals and interactions
• Chapter 2.2 Conducting a Child Safety Investigation, and
• Chapter 2.2 Sexual abuse.

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Referrals to WA Police Force

​A referral for each mandatory report must be made to the WA Police Force.  If you make a mandatory report you are not required to complete a referral (Form 523) to the WA Police as the Mandatory Reporting Service will submit the referral on your behalf.


If you make a mandatory report you are not required to complete a referral (Form 523) to the Police as the Mandatory Reporting Service will submit the referral on your behalf.

The MRS complete this through the Police Extranet where the referral is received by the Child Assessment and Interview Team (CAIT), as detailed in the relevant Memorandum of Understanding and as directed under s.124D(2) of the Act. A joint investigation may proceed where there are ongoing concerns for the child's safety, the parents have not acted protectively, and a criminal act has occurred.


Police may pursue a criminal investigation as a single-agency response where the MRS has determined there is no role for the Department. This occurs where a clear sexual assault or sexual abuse has been perpetrated against a child, but where the parents have acted protectively and there are no ongoing concerns for the child's safety.


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Mandatory reports made via a district office

If you receive a concern about a child in relation to sexual abuse and you form a belief based on reasonable grounds, you are required to make a mandatory report.  Child protection workers must also create an interaction if you are the case manager for the child of concern then follow the guidance outlined in entry 2.2 Processing referrals and interactions.




The Mandatory Reporting Service can assist with general inquiries or provide assistance in talking through scenarios including from Departmental staff.  The MRS can assist the caller to:


• confirm if they are a mandatory reporter
• clarify what sexual abuse means and its definition in the Act
• submit the report if they are unsure how to do this
  
• consider what else may be relevant when deciding if they believe a child has been sexually abused
• understand age-normative sexualised behaviours
• understand harmful sexual behaviours (HSB) - refer to related resources
  
• consider how to support the child and their family in the future, and
• seek further support and advice from within their organisation.
  

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Priority One response

​If the MRS receives a report that requires an immediate response during business hours, it will contact the relevant district to advise them. This response is referred to as a Priority One response and the MRS will:

• provide the district with a summary of the concerns and the identification details for the child and anyone else who is relevant. This information should be conveyed via telephone and email wherever possible
  

• email a copy of the mandatory report to the district via the districts front desk inbox
  

• email a copy of the mandatory report to CAIT and provide them with a brief overview of the situation via telephone, and

• complete the written assessment and intake. This will be sent to the relevant district as soon as possible.

Where a mandatory report has been received which indicates sexual abuse has occurred in the previous 72 hours, or the person believed to be responsible has ongoing contact with the child, the matter could be deemed a priority one for the Police and/or Child Protection. This is to promote the immediate safety of the child, and for forensic considerations. In these cases, the following actions are required by MRS:

• Contact the reporter immediately to clarify any issues or queries regarding the ongoing safety of the child. You should also ask any clarifying questions necessary about possible forensic evidence and it the parents are aware of the concerns.

• Call CAIT and advise there is a priority one response required for forensic consideration.

• Load the report onto the Police Extranet.

• If it is afterhours, the Crisis Care Unit (CCU) or MRS will consult with the on-call detective from the Child Abuse Squad.

• Determine if there is a role for the Department and act accordingly.

• The Child Abuse Squad in the metropolitan area will convene strategy meeting with local district office and the WA Police. In the regional locations the local CPFS will convene a strategy meeting with the local WA Police.
  

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Working collaboratively with mandatory reporters

​Submitting a mandatory report can feel overwhelming, distressing and anxiety-provoking for some reporters, particularly where they are not familiar with the area of child development or child sexual abuse. They may feel anxious about the family learning they submitted a report and be worried about their safety. Reporters may also struggle to write the report or to articulate what they are worried about. To obtain the necessary information, and the best outcome for the child, develop a positive and collaborative relationship with the reporter where possible.

Whether you work in the MRS or anywhere in child protection, you should:

• explain your role and why you need the information you are asking for

• support the reporter if they are not sure the child has been sexually abused. The reporter may have general concerns, but feel reluctant to state they believe the child has been sexually abused

• encourage the reporter to seek out and follow their own agency policies and guidelines regarding when to contact the Department and managing child protection concerns

• explain and define sexual abuse to the reporter. Help them feel confident making a decision about submitting a report

• reassure the reporter of the protections they have if they are making a report in good faith (refer to below section)

• provide the reporter with feedback and keep them informed of any relevant case management decisions, where this is appropriate
  

• acknowledge the privacy concerns and anxieties associated with submitting a mandatory report.
  

Where a reporter makes an enquiry about submitting a report and they believe a report has already been submitted by a reporter from another agency, MRS cannot provide information that a mandatory report has been made. Mandatory reporters should be encouraged to submit a report if they form a belief based on reasonable grounds that a child has been subject to sexual abuse regardless of whether a report has already been made.  Different agencies are likely to hold slightly different information and it is important to gather information from different sources and perspectives.


Mandatory reporters must comply with their reporting obligations in addition to any other reporting legislation that may be relevant to their position or profession. 


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Other practice issues

Where a reporter makes a query about submitting a report and they believe a report has already been submitted by a reporter from another agency, MRS cannot provide information that a mandatory report has been made. Mandatory reporters should be encouraged to submit a report if they form a belief based on reasonable grounds that a child has been subject to sexual abuse regardless of whether a report has already been made.  Different agencies may hold different information and it is important to gather information from different sources and perspectives.


Mandatory reporters must comply with their reporting obligations in addition to any other reporting legislation that may be relevant to their position or profession. 


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