NCJ Number
52287
Journal
MEDICAL JOURNAL OF AUSTRALIA Volume: 2 Issue: 7 Dated: (AUGUST 17, 1974) Pages: 235-239
Date Published
1974
Length
5 pages
Annotation
THIS ARTICLE REVIEWS CHILD ABUSE LAWS IN VARIOUS AUSTRALIAN STATES AND DISCUSSES DOCTORS' LEGAL IMMUNITY IN REPORTING CHILD ABUSE CASES. A MULTIDISCIPLINARY APPROACH IS SUGGESTED TO COMBAT CHILD ABUSE.
Abstract
LEGAL MECHANISMS IN EACH AUSTRALIAN STATE AND TERRITORY FOR DEALING WITH THE PROBLEM OF BATTERED CHILDREN. THIS MAY EITHER BE BY MEANS OF THE PROVISIONS OF THE CRIMINAL CODE OR BY WAY OF VARIOUS CHILD, SOCIAL OR COMMUNITY WELFARE ACTS. WITHIN THE WELFARE ACTS THE TERM 'NEGLECTED CHILD' IS USED. THIS TERM CAN BE WIDELY APPLIED TO INCLUDE BATTERED CHILDREN. ONLY IN SOUTH AUSTRALIA IS MANDATORY REPORTING OF ABUSED CHILDREN SPECIFICALLY REQUIRED BY LAW (THE 1972 COMMUNITY WELFARE ACT). HOWEVER, QUEENSLAND SECTION 35 OF THE MEDICAL ACTS, 1939 TO 1971, CONTAINS PROVISIONS WHEREBY DOCTORS MAY BE GUILTY OF MISCONDUCT IN A PROFESSIONAL RESPECT IF THEY FAIL TO REPORT OCCURENCES WHICH CAN ENCOMPASS CHILD ABUSE. QUEENSLAND PROVIDES FOR REPORTING ONLY TO THE POLICE, BUT IN SOUTH AUSTRALIA DOCTORS CAN REPORT TO EITHER THE POLICE OR AN OFFICER OF THE COMMUNITY WELFARE DEPARTMENT. THE COMMUNITY WELFARE DEPARTMENT RECEIVES PRACTICALLY ALL SUCH REPORTS. SOUTH AUSTRALIA HAS THE MOST SPECIFIC LEGISLATION CONCERNING DOCTOR IMMUNITY IN REPORTING CHILD ABUSE CASES, ALTHOUGH TASMANIAN DOCTORS ARE COVERED BY THE 1957 DEFAMATION ACT. IN THE OTHER STATES, DOCTORS ARE ALMOST CERTAINLY PROTECTED IF THEY ACT IN GOOD FAITH, BUT THIS IS NOT SPECIFICALLY WRITTEN INTO LAW. TASMANIA'S CHILDHOOD INJURY INVESTIGATING COMMITTEE CAN SERVE AS A MODEL FOR THE OTHER STATES IN DEVELOPING A MULTIDISCIPLINARY TEAM APPROACH IN MANAGING AND TREATING CHILD ABUSE CASES. THE BOARDS SHOULD BE HEADED BY STATE ATTORNEY GENERALS OR THEIR APPOINTEES, IN ORDER TO FACILITATE INTERSTATE COMMUNICATION IN TRACKING HIGHLY TRANSIENT ABUSIVE FAMILIES. REFERENCES ARE PROVIDED. (AUTHOR MODIFIED ABSTRACT--KCP)