Child Protection (Mandatory Reporting - Mason’s Law) Amendment Bill 2016
Plain English Summary
Overview
This bill adds early childhood education and care workers to Queensland's list of mandatory child abuse reporters. From 1 January 2017, qualified staff, nominated supervisors and individual approved providers at child care centres, kindergartens and family day care services must report suspected physical or sexual abuse to Child Safety.
Who it affects
Qualified ECEC staff and supervisors take on a new legal duty to report suspected abuse. Children in child care, their families, and the Department of Child Safety are also affected.
Key changes
- Qualified child care staff, kindergarten teachers and family day care educators become mandatory reporters of suspected child abuse
- Nominated supervisors at education and care services must also report
- Individual approved providers (not corporate providers) are included in the duty
- The duty starts on 1 January 2017 to allow time for training
- Volunteers and staff without a Certificate III qualification are not covered
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee17 Mar 2016View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill, which sought to extend mandatory reporting obligations to the early childhood education and care (ECEC) sector. The committee recommended the bill be passed subject to amending the commencement date from 1 January 2017 to 1 July 2017, to allow time for policy development, staff training and sector preparation. While the committee agreed that mandatory reporting should be expanded to the ECEC sector, government and non-government members were unable to agree on which individuals within the sector should be captured by the mandatory reporting provisions.
Key findings (5)
- The bill was named after Mason John Parker and sought to extend mandatory reporting of child protection concerns to the early childhood education and care sector
- The Queensland Law Reform Commission had reviewed mandatory reporting in 2015 and recommended its extension to the ECEC sector
- Stakeholders raised concerns about whether mandatory reporting should apply based on qualifications held or roles undertaken by ECEC staff
- The committee found that the proposed 1 January 2017 commencement date was too soon, given the need for policy development, staff training and updating sector-wide procedures
- Concerns were raised about the potential for over-reporting of incidents and the capacity of Child Safety Services to handle increased reports
Recommendations (2)
- The committee recommends the Child Protection (Mandatory Reporting - Mason's Law) Amendment Bill 2016 be passed, subject to recommendation 2.
- The committee recommends that clause 2 of the Child Protection (Mandatory Reporting - Mason's Law) Amendment Bill 2016 be amended to commence on 1 July 2017.
Committee report tabled
▸Second Reading14 Sept 2016View Hansard
▸18 members spoke18 support
As Minister for Child Safety, supported the bill subject to government amendments drafted in consultation with the sector, which the member for Aspley agreed to move in a bipartisan spirit.
“I rise to support the Child Protection (Mandatory Reporting—Mason's Law) Amendment Bill 2016, subject to some important amendments which I am pleased to say have been provided to the member for Aspley to move tonight.”— 2016-09-14View Hansard
As shadow minister for child safety, spoke in support of the bill's expansion of mandatory reporting to the ECEC sector, congratulating the member for Aspley for bringing the bill forward both in government and opposition.
“I am proud to have been part of a government and part of an opposition which fought to introduce these important reforms which will keep our kids safe.”— 2016-09-14View Hansard
As committee chair, supported the bill subject to amending the commencement date from 1 January to 1 July 2017 to allow adequate training lead-in time for the sector.
“I commend the bill and amendments to the House.”— 2016-09-14View Hansard
As the local member for the Sandeman family, strongly supported the bill and recounted his five-year advocacy journey with Mason Parker's grandparents to achieve this legislative change.
“Five years and six months after Mason Parker passed away this bill proposes a change to the law to try and reduce the likelihood that such a terrible thing will ever happen again in Queensland.”— 2016-09-14View Hansard
Spoke in support of the bill, drawing on his nursing experience with mandatory reporting obligations, and welcomed the delayed commencement date to allow proper training.
“I fully support the establishment of mandatory reporting obligations in the early childhood education and care sector.”— 2016-09-14View Hansard
Supported the bill, emphasising that it will protect children under six who cannot seek help themselves, and noted Queensland would align with all states except Western Australia.
“This bill creates a legal framework, but the moral obligation rests on us all. I call on all members to support the bill before the House.”— 2016-09-14View Hansard
Supported the bill, drawing on his 25 years as a paramedic responding to children, and acknowledged the Sandemans and the bipartisan effort to pass the legislation.
“I firmly believe that this bill—Mason's law—will help identify those who deliberately harm children and that those people are dealt with by the courts and found guilty of such terrible behaviour.”— 2016-09-14View Hansard
Supported the bill as a former paediatric nurse, commending the Sandemans' advocacy, while reflecting on the ongoing failures of Queensland's child protection system.
“I am genuinely heartened by the provisions in this bill which I have no doubt will save precious young lives.”— 2016-09-14View Hansard
As a former early childhood centre director, strongly supported the bill and welcomed amendments defining mandatory reporters by role rather than qualification to capture educators working towards qualifications.
“For the reasons I have outlined, I do absolutely support the bill and the amendments.”— 2016-09-14View Hansard
Briefly supported the bill, thanking the Sandemans and the members behind the bill, noting it will help protect children from 1 July 2017.
“Any law we can put through that potentially saves a child's life is a good day for this chamber.”— 2016-09-14View Hansard
Supported the bill, reflecting on her early career as a speech pathologist working with vulnerable children and welcoming the bipartisan approach.
“I rise to speak briefly to the Child Protection (Mandatory Reporting—Mason's Law) Amendment Bill 2016.”— 2016-09-14View Hansard
Supported the bill, noting that Toowoomba childcare centre operators he met during his recent by-election campaign strongly supported the proposed legislative changes.
“The mandatory reporting of suspected harm by the early childhood education and care sector will lead to a safer Queensland for our children, which is an objective that everyone in this House can agree on.”— 2016-09-14View Hansard
As a former early childhood educator, supported the bill and the amendment expanding mandatory reporting to all educators rather than only those with specific qualifications.
“I rise to speak in support of the Child Protection (Mandatory Reporting—Mason's Law) Amendment Bill 2016 and the bipartisan amendments to the bill.”— 2016-09-14View Hansard
Supported the bill as a father of three, emphasising that ECEC staff are well-placed to detect abuse and paying tribute to the Sandemans' five-year battle.
“If placing mandatory reporting requirements on the early childhood education and care sector saves the life of one child or indeed saves one child from abuse, then that alone is enough that every member of this House should support the bill.”— 2016-09-14View Hansard
Supported the bill as a member of the examining committee, noting the amended commencement date of 1 July 2017 provides ECEC sector with adequate training time.
“This legislation is supported by all in this chamber to ensure that we protect Queensland's most valuable asset—our children.”— 2016-09-14View Hansard
As Minister for Education, strongly supported expanding mandatory reporting to the ECEC sector, commending the proposed amendments linking reporting requirements to roles rather than qualifications.
“I strongly support expanding mandatory reporting laws to early childhood education and care services and to professionals working in these services.”— 2016-09-14View Hansard
Supported the bill, emphasising that parliament's obligation to protect vulnerable children demands all possible measures to prevent tragedies like Mason Parker's.
“This bill is a positive, important contribution to improving our child protection system in Queensland. I commend the bill to the House.”— 2016-09-14View Hansard
In reply, thanked members for bipartisan support, confirmed she would move agreed amendments shifting the focus from qualifications to roles and delaying commencement to 1 July 2017.
“The spirit of this legislation has always been to bring the early childhood education and care sector into the state's mandatory reporting regime because it is the right thing to do for our most young and most vulnerable zero- to five-year-olds.”— 2016-09-14View Hansard
▸In Detail14 Sept 2016View Hansard
Amend clause 2 (Commencement) to change the commencement date from 1 January 2017 to 1 July 2017, providing the early childhood education and care sector with additional lead-in time for training in preparation for the new mandatory reporting obligations.
Amendments 2 and 3 to clause 4 (Amendment of s 13E) restructure the definition of mandatory reporters in the ECEC sector from a qualification-based to a role-based approach. The new definition of 'early childhood education and care professional' captures individuals (other than volunteers or minors) holding specific roles under the Education and Care Services Act 2013 or the Education and Care Services National Law (Queensland), including approved providers, supervisors, educators, and family day care coordinators and educators.
Insert a new clause 5 amending section 13H (Conferrals with colleague and related information sharing) to update the examples to reflect the inclusion of ECEC educators, clarifying that an educator with a reportable suspicion may give information to the nominated supervisor to enable appropriate protective action.
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Sectors Affected
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