By Bronwen Beechey
MELBOURNE — Plans by the Victorian government to introduce mandatory reporting of physical and sexual abuse of children have met with strong opposition from sections of the welfare sector while being welcomed by others.
Minister for community services Kay Setches announced on July 9 that doctors, social workers, psychiatrists, teachers, nurses, child-care workers, police, psychologists and family court counsellors will be subject to the new legislation, which will apply from early next year. Failure to report suspected child abuse to Community Services Victoria could result in fines of $1000.
The measures represent an about-face for Setches, who until recently opposed mandatory reporting. She claimed that the present system of voluntary reporting was not working, citing a recent case where a child shaken to death had been in contact with 22 professionals, none of whom reported suspicions of abuse.
Up to 90% of sexual abuse cases in Victoria were unreported, she said. In NSW, Queensland and SA, where reporting is mandatory, the rate of reported and substantial cases was much higher than in Victoria.
The Liberal opposition has apparently had an opposite change of heart. In 1988 it strongly supported the introduction of mandatory reporting, but according to opposition community services spokesperson Ian John, it is now opposed.
In announcing the changes, Setches has ignored recommendations contained in a report she commissioned from the Victorian Family and Children's Services Council.
The 12-member council unanimously opposed mandatory reporting, saying that it would be "untimely and inappropriate" given the staggered introduction of a welfare-based, "single track" child protection system in which CSV> has sole responsibility to act in cases of abuse. It also stated that there was a danger that "the symbolic power of mandatory reporting may be so great that it distorts the child protection system and the community may absolve itself of assuming any degree of responsibility".
The council recommended that gaps in the child welfare system be closed, that a wide range of preventive and support services be provided to families, that additional education and training be provided to staff working with CSV> and in the non-government sector, and that appropriate treatment services be developed for survivors of abuse and their families, and the perpetrators of abuse.
The move has also been opposed by other child welfare groups, the Australian Medical Association and the Victorian Council of Social Services. Acting director of VCOSS Sue Jackson said that mandatory terproductive and would drive child abuse underground. It would also "lead to a reorientation of resources from preventive and supportive services".
Christine Fagan from the Domestic Violence and Incest Resource Centre, which provides referral and support to victims of incest and sexual assault, told Green Left Weekly that while not totally opposed to mandatory reporting, the centre has a number of concerns about the proposed measures.
"In cases where the child being abused is very young, mandatory reporting probably would be appropriate", she said. "However, in the case of an older child or adolescent it could mean a further loss of control for them because if the abuse is reported to CSV>, it may then notified to the police whether the child wants that or not. For many children this is like a further betrayal."
This point has also been echoed by a number of incest survivors groups, who have pointed out that the experience of facing an abusive parent in court can be as traumatic as the abuse itself. One incest survivor told the Age that it had taken 12 months for her to gain enough confidence in her school counsellor to tell him about her father's abuse, and that if she had thought her story would be reported to the authorities, she would never have told anyone.
Another concern is the lack of resources provided for survivors of abuse. "Once the disclosure has happened, CSV> will have to provide protection and support for the child and often the mother and other children too", Fagan said. "There has been no talk of increased funding to help survivors and their families cope. There isn't sufficient funding for the services to cope with the current demand, let alone an increase."
The proposal for mandatory reporting has been supported by the police, the Law Reform Commission, the Royal Children's Hospital and several child-protection lobby groups. It has also gained support from most Centres Against Sexual Assault.
Therese McCarthy from Melbourne CASA told Green Left that the centre supported mandatory reporting because "it is a recognition that sexual abuse is a crime. We work mainly with adult survivors of sexual assault, and in many cases the abuse occurred years ago. We constantly hear women say, 'I told someone about it but no-one did anything'."
McCarthy agrees that there needs to be an increase in resources to CSV> and sexual assault services, but says that this is not an argument against mandatory reporting. She agreed that current resources were inadequate, particularly for the non-offending parent (usually the mother). "In times of recession, women don't have many choices in terms of housing or economic options that will help them leave a situation where their children are in danger."
While recognising that many victims of sexual assault do not want to be forced into the court system, McCarthy said that appropriate ure that the child has some control. "But you can't ask a child to make choices where there are none."
In response to the argument that abuse would be "driven underground", she said that there needed to be ongoing education to make the community as a whole recognise the signs of child abuse and take responsibility for dealing with the problem.
The Victorian government has taken up the issue of community awareness with an advertising campaign urging people to "stand up against child abuse". But when the same government has cut back on funding to welfare services, with more cuts certain if a Liberal government wins the next election, how are the survivors of abuse going to get the protection and support that they need?