In New South Wales, the law imposes a clear and serious duty on adults to report information about child abuse offences to police. This obligation is set out in section 316A of the Crimes Act 1900 (NSW).
What Does Section 316A Say?
Section 316A makes it a criminal offence for an adult to fail to report information they have about a child abuse offence unless they have a reasonable excuse.
The offence applies where:
- An adult knows, believes, or reasonably ought to know that a child abuse offence has been committed;
- That person knows, believes, or ought to know they have information that might materially assist police in apprehending, prosecuting, or convicting the offender; and
- They fail, without reasonable excuse, to report that information to police as soon as practicable.
What Counts as a “Child Abuse Offence”?
A “child abuse offence” includes a wide range of serious criminal offences where the victim is a child (under 18). This includes:
- Sexual offences
- Physical assault causing injury
- Homicide
- Kidnapping
- Certain grooming and exploitation offences
A full list is set out in the legislation and includes offences under Divisions 10–15 of Part 3 of the Crimes Act, among others.
What Is a “Reasonable Excuse”?
The law recognises there are legitimate reasons why someone may not report abuse. Section 316A(2) provides a list of situations that qualify as a reasonable excuse, such as:
- Believing the information is already known to police
- Reporting the information to child protection authorities instead of police
- Being under 18 at the time the information was obtained
- Fearing for the safety of oneself or others if the information were reported
- Believing the (now adult) victim does not want the matter reported
Importantly, this list is not exhaustive—other circumstances may still amount to a reasonable excuse depending on the context.
What are the penalties?
The maximum penalty depends on the seriousness of the underlying child abuse offence:
- 2 years imprisonment if the abuse offence carries a maximum penalty of less than 5 years
- 5 years imprisonment if the abuse offence carries a maximum penalty of 5 years or more
There are also harsher penalties (up to 7 years) if someone accepts a benefit (such as money or favours) in return for staying silent.
What About Professionals?
The law recognises that professionals (like teachers, doctors, lawyers, psychologists) may obtain sensitive information in the course of their work. A prosecution cannot be commenced against them under section 316A without the approval of the Director of Public Prosecutions, if the profession is prescribed by regulation.
How is Reporting Protected?
If you make a report in good faith, the law protects you. Specifically:
- You cannot be sued (e.g., for defamation)
- It is not considered unprofessional conduct or a breach of professional ethics
Section 316A reflects the strong legal and community expectation that adults who have information about child abuse should come forward while also accounting for situations where personal safety, confidentiality, or other legitimate concerns excuse non-disclosure.
If you have been charged under section 316A or are concerned about your legal obligations in relation to child abuse reporting it is vital to get legal advice. Our team at Hugo Law Group is ready to assist. To discuss your options, call Hugo Law Group in Sydney, NSW (02 9696 1361), Canberra (02 5104 9640), Perth (08 6255 6909) or Northern NSW (02 5552 1902) to make an appointment to speak to one of our lawyers.
