Mandatory Reporting

Here in the Northern Territory an amendment to the Domestic and Family Violence Act 2007 became law in the Northern Territory on 12th March 2009 and makes reporting of certain types of domestic and family violence mandatory for all adults.  This law is unique in Australia.  Also is Section 26 of the Care and Protection of Children Act 2007 which makes reporting of all child abuse and, anyone under the age of 18 who is sexually active, mandatory.  These laws also apply to teachers, doctors, health professionals and the police.  If we have knowledge and don't report it we can face stiff penalties.  This reporting overrides professional ethics, codes of conduct and confidentiality agreements therefore, the decision is made for you and you are protected as an informant.

For the Domestic and Family Violence Act 2007: 
These relationships can include:

*     Domestic relationships such as people who live or used to live together (de facto or flatmates)

*     Intimate personal relationships including boyfriends, girlfriends, engaged, married, gay/straight and whether the relationship is sexual or not

*     Family relationships including in-laws, step-children, ex-partners, aunts, uncles, cousins and family as defined by Aboriginal kinship

*      Carers relationship where a person is a dependant on paid or unpaid care of another


It can be any of the following behaviours:

*      Behaviour causing harm including physical assault such as punching, kicking, slapping, biting or use of a weapon and/or sexual assault

*      Damaging of property, including the injury or death of an animal

*      Intimidation e.g. threats causing fear, harassment, causing mental harm

*      Stalking (e.g. intentionally following/watching/approaching someone with intent to cause harm or fear of harm (on at least two occasions)

*      Economic abuse (e.g. coercing someone to give up control of their bankcard/pin/assets, unreasonably withholding money, theft of income etc)

*      Attempting or threatening to commit any of the above


Now in theory these laws sound wonderful.  They have been talked about from time to time in New Zealand as a possible option for combating our child abuse issue.  However, the reality is quite different.  It makes the issue go more underground.  The laws effectively stop people talking to their health provider about such issues because they know it will be reported.  Instead of us as health professionals being able to support someone and try to convince them to report it, they instead, don't tell us at all.

Young people who are sexually active don't use contraceptives, or go for STI checks because they will be effectively saying to the health provider they are sexually active and it would then get reported.  It's not illegal to have sex at 16 or 17 years here but it does need to be reported so the Child and Family Service can talk to the person to find out if it was consensual or not.  Of course, these young people don't like the Child and Family Unit turning up at their house and basically announcing it to the family, so they don't tell people. 
Therefore, we have a young generation of people having babies with no pre-natal care, drinking alcohol through pregnancy, and with untreated STI's, including syphilis. A disease we rarely ever see in New Zealand.  So has mandatory reporting improved things for the young people here or the aboriginal community's?  Has it stopped domestic violence and child abuse?  Not from what I've seen. Instead other health issues have presented themselves.  It's much like the 'grog' issue. One can create laws around grog but an addict still needs his fix.  Such is the issue with domestic violence and child abuse.  Those people who abuse other people don't suddenly stop because there are now laws saying it's not ok. 

Also, tribal fighting has always been a part of aboriginal culture, so are we really able to come in as the superior race and try to educate a better way of being?  Our white man laws really do little to actually help the aboriginal people in any meaningful way.


http://blogs.crikey.com.au/croakey/2009/05/29/indigenous-doctors-join-chorus-of-alarm-over-nt-mandatory-reporting-laws/


http://www.creativespirits.info/aboriginalculture/law/tribal-punishment-customary-law-payback.html