Citation

Mathews B, Walsh K, Fraser JA. J. Law Med. 2006; 13(4): 505-517.

Affiliation

Law School, Queensland University of Technology, Brisbane, Australia. b.mathews@qut.edu.au

Copyright

(Copyright © 2006, Thompson - LBC Information Services)

DOI

unavailable

PMID

16756219

Abstract

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.

Language: en