Child protection legislation by jurisdiction

Mandatory reporting requirements
JurisdictionLegislationLegislation referenceLinks
CommonwealthFamily Law Act 1975s67Z and s67ZAFamily Law Act 1975
NSWChildren and Young Persons (Care and Protection) Act 1998s23 and s27Children and Young Persons (Care and Protection) Act 1998 No 157
VicChildren Youth and Families Act 2005s182 and s184Children, Youth and Families Act 2005
VicChild Wellbeing and Safety Act 2005s26–s39Child Wellbeing and Safety Act 2005
QldChild Protection Act 1999s13E–s13JChild Protection Act 1999
WAChildren and Community Services Act 2004s124A–124DChildren and Community Services Act 2004
WAFamily Court Act 1997s159–s161 and s162A(4)Family Court Act 1997
WAEducation and Care Services National Law (WA) Act 2012s174(2)–(4) and s174AEducation and Care Services National Law Act 2012
SAChildren and Young People (Safety) Act 2017s30 and s31Children and Young People (Safety) Act 2017
TasChildren, Young Persons and Their Families Act 1997s13–s17AChildren, Young Persons and Their Families Act 1997
ACTChildren and Young People Act 2008s356–s358Children and Young People Act 2008
NTCare and Protection of Children Act 2007s15, s16 and s26Care and Protection of Children Act 2007

Legislative definition of 'in need of care and protection'

For a child to be placed under an order, a court needs to determine whether the child is in need of care and/or protection. Each state and territory has legislation defining ‘in need of care and protection’.

JurisdictionLegislationLegislation referenceLink
NSWChildren and Young Persons (Care and Protection) Act 1998s71Children and Young Persons (Care and Protection) Act 1998
VicChildren Youth and Families Act 2005s162Children Youth and Families Act 2005
QldChild Protection Act 1999s8–s11Child Protection Act 1999
WAChildren and Community Services Act 2004s28Children and Community Services Act 2004
SAChildren and Young People (Safety) Act 2017s17, s18 and s50Children and Young People (Safety) Act 2017
TasChildren, Young Persons and Their Families Act 1997s3, s4, s13(A)(b) and s14(2)(c)Children, Young Persons and Their Families Act 1997
TasFamily Violence Act 2004s4Family Violence Act 2004
ACTChildren and Young People Act 2008s341–s346Children and Young People Act 2008
NTCare and Protection of Children Act 2007s15, s16 and s20Care and Protection of Children Act