Child protection legislation by jurisdiction

Mandatory reporting requirements

Jurisdiction Legislation Legislation reference Links
Commonwealth Family Law Act 1975 s67Z and s67ZA Family Law Act 1975
NSW Children and Young Persons (Care and Protection) Act 1998 s23 and s27 Children and Young Persons (Care and Protection) Act 1998 No 157
Vic Children Youth and Families Act 2005 s182 and s184 Children, Youth and Families Act 2005
Child Wellbeing and Safety Act 2005 s26–s39 Child Wellbeing and Safety Act 2005
Qld Child Protection Act 1999 s13E–s13J Child Protection Act 1999
WA Children and Community Services Act 2004 s124A–124D Children and Community Services Act 2004
Family Court Act 1997 s159–s161 and s162A(4) Family Court Act 1997
Education and Care Services National Law (WA) Act 2012 s174(2)–(4) and s174A Education and Care Services National Law Act 2012
SA Children and Young People (Safety) Act 2017 s30 and s31 Children and Young People (Safety) Act 2017
Tas Children, Young Persons and Their Families Act 1997 s13–s17A Children, Young Persons and Their Families Act 1997
ACT Children and Young People Act 2008 s356–s358 Children and Young People Act 2008
NT Care and Protection of Children Act 2007 s15, s16 and s26 Care and Protection of Children Act 2007

Legislative definition of 'in need of care and protection'

For a child to be placed under an order, a court needs to determine whether the child is in need of care and/or protection. Each state and territory has legislation defining ‘in need of care and protection’.

Jurisdiction Legislation Legislation reference Link
NSW Children and Young Persons (Care and Protection) Act 1998 s71 Children and Young Persons (Care and Protection) Act 1998
Vic Children Youth and Families Act 2005 s162 Children Youth and Families Act 2005
Qld Child Protection Act 1999 s8–s11 Child Protection Act 1999
WA Children and Community Services Act 2004 s28 Children and Community Services Act 2004
SA Children and Young People (Safety) Act 2017 s17, s18 and s50 Children and Young People (Safety) Act 2017
Tas Children, Young Persons and Their Families Act 1997 s3, s4 s13(A)(b) and s14(2)(c) Children, Young Persons and Their Families Act 1997
Family Violence Act 2004 s4 Family Violence Act 2004
ACT Children and Young People Act 2008 s341–s346 Children and Young People Act 2008
NT Care and Protection of Children Act 2007 s15, s16 and s20 Care and Protection of Children Act