Additions to Queensland’s Criminal Code
As of the 5th of July 2021, the law has been strengthened to increase the protection of children from the risk of sexual abuse.
- All adults must report sexual offending against children to the police unless they have a reasonable excuse.
- Adults in an institutional setting must protect children from the risk of a sexual offence being committed against them.
These were introduced as children require the adults around them to take action to protect them from sexual abuse. These offences target behaviour that ignores or hides the sexual abuse of children.
The first law outlines that if an adult reasonably believes that a child is being or has been the victim of a sexual assault, they must report it, unless they have a reasonable excuse. This newly imposed law requires all adults in the community to have a legal duty to report sexual offences against children.
Failure to report child sexual abuse allows the abuse to continue and prevents children from accessing the support they require during this hard time.
This new law includes confessions made in a religious manner regarding a sexual offence to a child must be reported this includes during, or in connection with, a religious confession.
Failing to report a belief that a child has been or is being sexually offended against carries a maximum penalty of 3 years imprisonment.
The second newly introduced law outlines that it is an offence to fail to protect a child from a sexual offence in an institutional setting. For this offence an institution means an entity that provides services to children or operates a facility for children under the entity’s care, supervision or control. Examples of these are schools, religious organisations, child-care centres, hospitals, sporting clubs and more.
Failure to protect applies to any person’s 18 years old or over within an institution that have children in its care, supervision or control and they know there is a significant risk that another adult within the institution will commit a sexual offence against a child, they have the ability to remove this risk and then wilfully or negligently fail to remove or reduce this risk, will be charged with this offence.
The maximum penalty for this offence is 5 years imprisonment.
In order to report an offence, contact Police Link on 131 444.
If it is an emergency contact Triple Zero on 000.
To find out more contact our friendly team at Coates Davey Solicitors on 07 3181 5668.
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For further information, please contact our friendly team at Coates Davey Solicitors by phone on 07 3181 5668 or email [email protected].