THE FAILURE to REPORT OFFENCE

We recommend the introduction of a new criminal offence of failure to report targeted at child sexual abuse in an institutional context (recommendation 33).

We recommend that the offence should apply:

• to any adult who owns or manages or who is a staff member or volunteer of a relevant institution, or who otherwise requires a Working with Children Check clearance for their role – but not to individual foster carers or kinship carers

• in relevant institutions, including institutions that operate facilities or provide services to children in circumstances where the children are in the care, supervision or control of the institution. The offence would be committed if the person fails to report to police in circumstances where they know, suspect, or should have suspected that an adult associated with the institution was sexually abusing or had sexually abused a child.