Australian Capital Territory Consolidated Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 359

    (1)     This section applies if—

        (a)     a person believes or suspects that a child or young person—

              (i)     is being abused; or

              (ii)     is being neglected; or

              (iii)     is at risk of abuse or neglect; and

        (b)     the person reports the belief or suspicion, and the reasons for the belief or suspicion, to the public advocate.

    (2)     The public advocate must give the director-general a copy of the report.

    (3)     The report is taken to be a voluntary report.

    (4)     The person who made the report to the public advocate is taken to have made a voluntary report.

Note 1     There are limits on how the report may be used in evidence (see pt 25.5).

Note 2     If a person gives information honestly and without recklessness to the public advocate, the giving of the information is not a breach of confidence or a breach of professional etiquette or ethics or a breach of a rule of professional conduct. Also, civil or criminal liability is not incurred only because of the giving of the information (see Public Advocate Act 2005 , s 15).

Note 3     Giving false or misleading information to the public advocate is an offence (see Criminal Code, s 338).