Mandatory reporting by nurses of child abuse and neglect.
Most Australian jurisdictions have mandatory reporting legislation to compel members of selected professional groups, including nurses, to report suspicions that a child has been or is likely to be subjected to abuse or neglect. This article details the legal obligations of nurses in each jurisdiction, and highlights differences between jurisdictions. Problematic features of the laws are identified, including the use of ambiguous concepts like "reasonable" suspicion and "significant" harm. Literature is reviewed to identify what is known about nurses' legal knowledge, actual reporting practice, and the practical problems that arise for nurses in this context. It is concluded that empirical research needs to be conducted, because it is not known if the laws are practically effective, whether nurses have sufficient training in, and knowledge of, their reporting duties, or what factors influence sound reporting. Such research can inform both the development of sound training systems and recommendations for legal reform.
Mathews
Ben
B
Law School, Queensland University of Technology, Brisbane, Australia. b.mathews@qut.edu.au
Walsh
Kerryann
K
Fraser
Jennifer A
JA
D001315:Australia; D002649:Child Abuse / Q000175:diagnosis / Q000331:legislation & jurisprudence*; D002675:Child, Preschool; D019983:Guideline Adherence; D007722:Health Knowledge, Attitudes, Practice; D006801:Humans; D016365:Liability, Legal; D019221:Mandatory Reporting; D009740:Nursing Staff / Q000193:education / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D011361:Professional Competence