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CHILD PROTECTION

NEW CHILD SEX OFFENCE LAWS FOR SPORTING CLUBS

Outlined below is the child protection legislation that affects all community members. 

 

Beetles committee require any member of the Beetles netball community to contact them immediately if they suspect a child requiring proctection for further direction.

 

Two committee members have been designated as key contact people that will act as required by legislation. 

New legislation has been directed by Qld Government to all sporting clubs to strengthen child sexual offences reporting. These protection laws come into effect on 5 July 2021. These laws, which emerged from the 'Child Abuse Royal Commission' will apply to schools, churches and sporting clubs. 

 

There are two relevant changes to the law which affect sport and create new criminal offences:

  1. Failure to protect a child from, or take steps to remove the risk of, a sexual offence; 

  2. Failure to report a belief of a child sexual offence (either current or past).

FAILURE TO PROTECT OFFENCE

A new offence has been created when adults in organisations such as sporting clubs, schools, churches and childcare centres fail to act on knowledge of a significant risk to a child participating in their organisation, being subjected to a sexual offence.

 

Acting to protect the child at risk means that if the responsible adult has the power or responsibility to remove that risk, they must do so. For example, if an adult holding a position that requires them to exercise a duty of care towards a child has knowledge of a risk of a sexual offence being committed upon a child, failure to act can result in a maximum jail term of five years.

FAILURE TO REPORT OFFENCE

The other new offence relates to failing to make a report to police. This section is wide-ranging in that it covers adults who believe, on reasonable grounds, or even should have believed, that a child sexual offence is either being committed against a child or has previously been committed. If that person fails to make a police report immediately after becoming aware (or being deemed to have been expected to know by virtue of their position), up to three years imprisonment applies.

 

A defence does exist to this provision however, which is contained in the definition of 'reasonable excuse'.

 

Reasonable excuses include:

 

  • Believing the matter has already been reported;

  • If the alleged victim is now an adult and they do not want the matter reported;

  • If reporting the matter could endanger the alleged victim

 

Anyone who in "good faith" makes a disclosure to police is not liable in any way for having done so, regardless of its accuracy.

  • Child protection and safeguarding children from sexual abuse needs to be everyone's responsibility:  Child protection and safeguarding children should be an issue that is openly, and regularly, talked about. This helps others to engage with the issue and know it is front of mind for all committee members, officials, volunteers, participants and supporters

  • Empower children: Proactively authorise, give permission, and encourage children to speak up and complain if something is not right. Tell children they will be believed if they speak up about their concerns and that action will be taken to investigate their complaint

  • Appoint the right people for children to talk to: Ensure there are a wide range of people who can take complaints from children. This is about making the child comfortable to come forward and may require a range of people of different ages, genders, and authority levels. Let children know who they can go to if they need to speak to someone

  • Appoint the right people to process the complaint: The people you designate as responders need to have the skill set and mindset which makes them capable of listening to children, recording their complaint or concern and passing this on for appropriate action. This may require empathy and process skills and is very much a 'horses for courses' role you should think seriously about

  • Do something about the complaint: The child raising a complaint may need support and assistance. Your club or organisation must respond to any allegation that is raised, and to be aware of your reporting requirements. But most importantly, take steps to address the issue and continue to safeguard all children you owe a duty of care to

In the context of a sporting club or organisation, this offence applies to board and committee members, employees and volunteers.

​

More information about these offences can be found at www.qld.gov.au/protectchildren. You may wish to seek legal advice if you are unsure about reporting obligations.

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