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The failure to report offence means all adults must report information to the police that causes them to believe or should cause them to believe on reasonable grounds, that a child sexual offence is being or has been committed against a child by another adult, unless they have a reasonable excuse not to.

Find out more about the failure to report offence.

A reasonable belief is a belief that a reasonable person would have in the same position and with the same information available to them. Whether or not a reasonable belief would be formed will always depend on the specific, factual circumstances of the situation.

Learn more about what a reasonable belief is and how it can be formed.

Depending on the circumstances, you may have a reasonable excuse under the failure to report offence. If you have a reasonable excuse, this means you are not criminally responsible for failing to make a report to the police about a sexual offence against a child by another adult.

For example, a reasonable excuse includes if you reasonably believe a report has already been made to police, or if you reasonably believe that making a report would endanger your safety or the safety of the child.

Learn more about what can be considered a reasonable excuse.

Phone Triple Zero (000) if it’s an emergency or if you believe a child is in immediate danger or in a life-threatening situation.

Otherwise, you can report an offence against a child by contacting Policelink on 131 444.

Find other options for reporting child abuse.

If you’re not sure whether to make a report, you can get help and advice. You can also get legal advice.

If you received information after 5 July 2021 that leads you to reasonably believe a sexual offence has been committed against a child and you don’t have a reasonable excuse for not reporting, you must report it—even if the abuse happened a long time ago.

It is important to remember that you have a right to know your child or a child you care for is safe. If a child in your care is staying with or being looked after by someone else, you have a right to ask questions about what they will be doing and who will be looking after them.

There are also things you can do to protect your child on the internet.

Learn more about ways you can protect children.

In 2024, the scope of reasonable excuses that are explicitly listed in the legislation were expanded. This includes excuses that relevant professionals might rely on.

See the information sheet on the failure to report offence (PDF, 230.1 KB) , which has information for practitioners and service providers.

Remember, adults—including relevant professionals and religious representatives—must report to the police if they reasonably believe (or should reasonably believe) that a child is being, or has been, the victim of sexual abuse, unless they have a reasonable excuse not to.

Even if you have a reasonable excuse, you might still need to make a report under:

• Chapter 2, part 1AA of the Child Protection Act 1999
• Chapter 12, part 10, of the Education (General Provisions) Act 2006
• part 8 or part 9 of the Youth Justice Act 1992.

Find out more about the failure to report offence.

A relevant professional can be a:

• medical practitioner
• registered psychologist
• registered nurse
• registered midwife
• social worker who is a member of the Australian Association of Social Workers Ltd
• counsellor.

For more information about how a relevant professional is defined, see the amendment of section 229BC of the Criminal Code.

Learn more about the failure to report offence.

A counsellor, under the failure to report offence, is defined as someone who:

• has undertaken training or study, or has experience, that is relevant to the process of counselling other persons

and

• in the course of the person’s paid or voluntary employment, other than as religious representative, counsels another person.

Under the failure to report offence, to counsel a person means to:

• listen to and give verbal or other support, help or encouragement to the person, whether one-on-one or in a group

or

• advise, give therapy to or treat the person, whether one-on-one or in a group.

Find out more about the failure to report offence.

A religious representative means someone who:

• is a member of
  • an organised religion
  • a religious group, even if the group is not part of, or does not consider itself to be a part of an organised religion

and

• holds a position in the religion or group that means they can be its representative.

The law says that information about a sexual offence against a child that has been gained during, or in connection with, a religious confession must be reported to police.

Learn more about the failure to report offence.

The new amendments are not intended to override privilege. This means that if the information is subject to legal professional privilege, the lawyer does not need to report it under the offence.

However, whether a privilege (such as legal professional privilege) applies depends on all the surrounding facts and circumstances. The privilege will not necessarily apply to any communication between someone and their lawyer.

You can find advice and support options if you need to make a report or if you’d like more information.

Read more in the failure to report offence information sheet (PDF, 230.1 KB) .

The obligation to report means that all adults have a responsibility to report information that they have gained leading to a reasonable belief a child sexual offence has or is occurring. This requirement to report arises even where there is an obligation of confidentiality unless there is a reasonable excuse.

However, the legislation expressly outlines that where information is disclosed to police in good faith the adult who reported the information is not liable civilly, criminally or under an administrative process for making the disclosure.

You can find advice and support options if you need to make a report or if you’d like more information.

Read more in the failure to report offence information sheet (PDF, 230.1 KB) .