Duties to report

State of Victoria

Duty of every Victorian adult to report child sexual abuse

Any adult who forms a reasonable belief that a sexual offence has been committed by an adult against a child under 16 has an obligation to report that information to Police. Failure to disclose the information to Police is a criminal offence: Crimes Act 1958 (Vic), s327.

Duty of responsible organisational person to act to protect

A person who knows of a substantial risk of child abuse by someone over 18 years of age associated with the organisation, and has the power or responsibility to reduce or remove that risk and negligently fails to do so, commits a criminal offence under this section, punishable by 5 years imprisonment; Crimes Act 1958 (Vic), s49O:

Duty of the holder of a WWC to report any change in circumstances

The holder of a Working with Children Card in Victoria is subject to a statutory obligation to notify the Secretary to the Department of Justice and the Diocese and Kooyoora Office of Professional Standards of any relevant change in circumstances as defined in that section: Working with Children Act 2005 (Vic), s20.

Duty of Head of Entity to report conduct to the Commission for Children and Young People

Under the Child Wellbeing and Safety Act 2005, the relevant religious body for the Anglican Church in the Diocese of Bendigo including its parishes is the Bendigo Anglican Diocesan Corporation Ltd (the Diocesan Corporation) which appoints all office holders.

The Head of the Entity constituted by the Diocesan Corporation is the Bishop of Bendigo.

The Head of the Entity has a duty under the Act to notify the Commission for Children and Young People of reportable allegations and take further specified action. The Kooyoora Office of Professional Standards has undertaken to notify on behalf of the Archbishop the Commission and take further action as may be required under the Act.

Under these arrangements, there is one notifying body on behalf of the Diocese and its parishes.

It is essential to the effective operation of these arrangements that those exercising leadership positions in parishes and congregations strictly observe the requirements for mandatory reporting to the Director of Professional Standards at dps@kooyoora.org.au. Failure to do so will put at risk due compliance with the requirements of the Child Wellbeing and Safety Act by the Diocese.

Anglican Diocese of Bendigo

Duty of prescribed Church worker to report to Professional Standards

A prescribed Church worker who believes on reasonable grounds that a person has suffered harm, or is at risk of harm, as a result of misconduct by another Church worker and has no reason to believe that the Director of Professional Standards is aware of those facts, must as soon as possible report the matter to the Director: Professional Standards Uniform Act 2016, s17.
Prescribed Church workers are defined in schedule 1 of that Act and include all clergy and lay leaders including Parish Council members.
The Bishop of Bendigo is subject to a similar reporting obligation under the Episcopal Standards legislation of the diocese.

Duty of every Church worker to report certain criminal charges made against them

A Church worker (clergy or lay person) who has been charged in any jurisdiction in Australia or elsewhere with a sexual offence, including grooming or an offence relating to child pornography whether committed within or outside the Diocese must forthwith notify in writing the Director of Professional Standards at dps@kooyoora.org.au, giving particulars of the charge: Professional Standards Uniform Act 2016, s18.