ACT Mandatory Reporting for School Staff: A Documentation Guide

Who is a mandatory reporter in the ACT

Under s 356(1) of the CYP Act, mandatory reporters include:

• Doctors, dentists, registered nurses, midwives
• Police officers
• Teachers (including casual and relief teachers) at schools
• School counsellors and principals
• Persons authorised to inspect education records
• Childcare service providers

For a typical ACT school, this captures classroom teachers, principals, school counsellors, and staff at attached early-childhood services. Wellbeing officers, chaplains, and learning-support staff who do not hold a listed role are not s 356 reporters but are subject to the school's internal child-safety policy.

The s 356 threshold

s 356(2) sets the obligation: a mandatory reporter who, in the course of their work, believes on reasonable grounds, or suspects after taking into account the information available, that a child or young person has experienced or is experiencing:

• sexual abuse, or
• non-accidental physical injury

must report to the Director-General of the directorate responsible for child protection (in practice, CYPS) as soon as practicable.

The CYP Act threshold is narrower than some other jurisdictions: it is sexual abuse and non-accidental physical injury only. Concerns about emotional abuse, neglect, or family violence do not trigger a s 356 report — but they should still be reported to CYPS as a "voluntary report" under s 354 and to the principal under school policy.

What to document at the source of concern

In the school's wellbeing or case-note record, capture:

• Date, time, and location of the disclosure or observation.
• Verbatim language wherever possible — the child's own words preserved.
• Physical or behavioural indicators described factually, without diagnosis.
• Context — what prompted the disclosure, who else was present, the child's demeanour.
• What you said in response — including any framing about confidentiality.
• Your reasoning — whether s 356 (mandatory) or s 354 (voluntary) is engaged, and why.

What to record after the report

After contacting CYPS (1300 556 729):

• Date, time, and method of the report (phone, online portal, written).
• Reference number issued.
• Name and role of the consultant.
• The s 356 threshold reasoning — sexual abuse, non-accidental physical injury, or both.
• Outcome of the call — accepted as an appraisal, referred to early-intervention services, or signposted.
• What was said and decided — including any specific instructions about contact with the family.
• Internal escalation — when the principal and wellbeing coordinator were informed.
• Continuing safety actions at the school.

The ACT Reportable Conduct Scheme

Separately from s 356, the ACT operates a Reportable Conduct Scheme under Part 2.4A of the *Ombudsman Act 1989* (ACT). When an allegation is made about an *employee* of the school, the head of the entity must notify the ACT Ombudsman within 30 days of becoming aware of the allegation. Reportable conduct includes sexual offences, sexual misconduct, ill-treatment, neglect, physical violence, and behaviour that causes psychological harm.

For school documentation purposes:

• Initial allegation note — what was said, when, by whom (verbatim).
• Ombudsman notification record — date and reference.
• Investigation interactions — kept in a separate file from the child's school file.
• Outcome — finding, action taken, and any restrictions on future employment.

Voluntary reports and broader concerns

Concerns that do not meet the s 356 threshold (e.g. emotional abuse, neglect, family violence) can still be reported to CYPS as a *voluntary report* under s 354. Document the concern, the reasoning, and the action taken — this is the same source-record as a mandatory report, with the threshold reasoning explicit.

Notifier protection

The CYP Act protects the identity of mandatory reporters and includes immunity from civil liability for reports made in good faith. Practical implication: notifier identity is kept in an access-controlled child-protection file rather than the general school record.

Court and review-readiness

If a matter proceeds to the Childrens Court of the ACT, contemporaneous notes are the strongest evidence base. The same four tests apply: contemporaneity, authenticity, specificity, and continuity. A documentation system that timestamps every note, locks edits after sign-off, and preserves a full audit trail meets all four.

Related reading

• Mandatory Reporting Documentation Guide for School Staff in Australia
• Child Protection Documentation for Social Workers: Notes That Hold Up in Court
• School Counsellor Documentation Best Practices in Australia