Mason's Law Amendment Bill Finally Introduced to Parliament in QLD

On 17 March 2016, the Shadow Minister for Communities, Child Safety and Disability Services, Ms Tracey Davis MP, introduced a bill into Queensland Parliament to bring into effect Mason's Law. The Bill, entitled the Child Protection (Mandatory Reporting - Mason’s Law) Amendment Bill 2016 (the Bill) will amend the Child Protection Act 1999 (the Act) to include members of the Early Childhood Education and Care Sector (ECEC) within the group of persons required to report suspicions of child abuse.

Background to the Amendment

The Bill follows pressures to expand the scope of the mandatory reporting laws that began with the death of 16 month old Mason Parker in 2011. He was killed by his mother's then partner eight days after staff at Mason's childcare centre had noticed and photographed bruises on his body, but had not immediately reported their discovery to the authorities. Mason's maternal grandparents, John and Sue, began petitions calling for ECEC workers to be included in the list of people who are required under the Act to report reasonable suspicions of harm or risk of harm. Currently this list includes groups such as teachers, doctors and police officers working in child protection.

Previous reviews of the child protection laws by the Queensland Law Reform Commission had not recommended including ECEC workers in the list for mandatory reporting. However, a specific request by the Queensland Government in 2014 into this area resulted in an overwhelming number of submissions calling for the ECEC sector to be included in the Act in order to protect children, particular those between 0-5 years of age. The aptly named Mason's Law was drafted after the Commission presented their findings to the Government in December 2015, recommending the expansion of the mandatory reporting obligation into the ECEC sector.

Objectives of the Amendment

The Bill, if passed, will insert into section 13(E) three additional categories of people into the Act, all from the ECEC sector, who will be included in the mandatory reporting laws. The law will apply to those with an approved qualification or who are an approved provider under the Education and Care Services Act 2013 or the Queensland Education and Care Services National Law.

An 'approved qualification' will be defined as an approved certificate III level education and care qualification or higher. Volunteers and staff without the approved qualifications will be exempt from the law, and the section will only apply to individual persons, not corporations.

The Bill responds to the recommendations of the Commission and aims to protect children during a very vulnerable stage. Staff working within the ECEC are said to be in prime position to notice any potential risk of harm or actual harm, interacting with children and their families on a regular basis during the early stages of a child's life. In introducing the Bill, Ms Davis expressed frustration at how long the Commission's recommendations had remained inactioned, stating:

If passed, the Bill is set to commence on 1 January 2017, bringing Queensland into line with other Australian jurisdictions where the ECEC sector is already a part of the mandatory reporting laws. Western Australia will remain the only state with no mandatory reporting obligation for ECEC workers under their child protection laws.

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Child Protection (Mandatory Reporting - Mason’s Law) Amendment Bill 2016 and Secondary Materials as reported in the TimeBase LawOne Service

Mason's law campaign gathers steam

Child safety overhaul one step closer

Child Protection (Mandatory Reporting – Mason’s Law) Amendment Bill 2016 Committee Report