What counts as child abuse
These offences are dealt with under both criminal law and the child-protection system. In law, child abuse takes several forms:
- Physical abuse — hitting, shaking or injuring a child.
- Sexual abuse — any sexual act involving a child, including grooming and online exploitation.
- Emotional abuse — persistent criticism or rejection, or exposing a child to family violence.
- Neglect — failing to provide food, shelter, supervision or medical care.
- Failure to report or protect — not reporting known abuse, or allowing it to happen under your care or authority.
Your responsibilities
Australian law places real duties on adults around children — and breaking them can be an offence in itself:
- If you're a mandatory reporter (such as a teacher, doctor or nurse), you must report suspected abuse.
- If you're a parent, carer or teacher, you must take reasonable steps to protect children in your care.
- If you suspect abuse, report it to your state child-protection agency or the police.
If a child is in immediate danger, call 000. To report suspected abuse, contact your state or territory child-protection service or the police. Children and young people can also call Kids Helpline on 1800 55 1800 any time.
How charges are laid
Police investigate child-abuse reports that come from:
- Mandatory reports from teachers, doctors and other professionals
- Anonymous tips, or disclosures made in the family court
- Evidence gathered from schools, hospitals or online communications
Once there's enough evidence, a person can be arrested and charged under state or federal law. Cases are heard in the Local, District or Children's Court, depending on how serious they are.
Penalties by state
Child-abuse offences span a wide range — from failing to report, through neglect, to the most serious sexual offences. Each state sets its own laws and maximum penalties. Pick your state for a snapshot.
Related pages
This is general information, not legal advice. Child-abuse laws and penalties vary by state and are among the most serious in the criminal law. If you've been charged or are under investigation, speak with a criminal lawyer or your state's Legal Aid service. If you're worried about a child's safety, contact your state child-protection service or the police.
