Child abuse is one of the most serious criminal offences in Australia, involving any act—or failure to act—that harms or endangers a child’s physical, emotional, or psychological wellbeing. These offences are prosecuted under both criminal laws and child protection frameworks, with significant penalties for offenders and those who fail to report or prevent abuse.
Child abuse includes:
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, rejection, or exposure to family violence.
Neglect – Failure 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.
Police investigate child abuse reports based on:
Mandatory reports (from teachers, doctors, etc.)
Anonymous tips or family court disclosures
Evidence gathered from schools, hospitals, or online communications
Once sufficient evidence exists, the accused may be arrested and charged under relevant state or federal legislation. Cases are typically heard in local, district, or children’s courts, depending on severity.
If you’re a mandatory reporter, you must report suspected abuse.
If you’re a parent, carer, or teacher, you must take reasonable steps to protect children under your care.
If you suspect abuse, report to your local child protection agency or police immediately.
If you or someone you know is facing child abuse charges—or needs protection—contact a criminal defence lawyer or child protection advocate in your state. Immediate support is available from services like:
Kids Helpline: 1800 55 1800
Legislation: Crimes Act 1900 (NSW) and Children and Young Persons (Care and Protection) Act 1998
Failure to report child sexual abuse (s316A): Up to 2 years imprisonment
Failure to protect a child (s43B): Up to 5 years imprisonment
Sexual intercourse with a child under 10: Up to life imprisonment
Neglect: Up to 5 years imprisonment if results in harm
Legislation: Crimes Act 1958 (VIC) and Children, Youth and Families Act 2005
Failure to report child sexual abuse (s327): Fines or up to 3 years imprisonment
Failure to protect (s49O): Up to 5 years imprisonment
Sexual penetration of a child under 12: Up to 25 years imprisonment
Persistent sexual abuse: Up to 30 years imprisonment
Legislation: Criminal Code Act 1899 (QLD) and Child Protection Act 1999
Sexual offences against a child under 12: Up to life imprisonment
Failure to report: Fines for professionals under mandatory reporting laws
Child exploitation material: Up to 14 years imprisonment
Legislation: Criminal Code Act Compilation Act 1913 and Children and Community Services Act 2004
Failure to report child sexual abuse: Up to $6,000 fine
Sexual penetration of a child under 13: Up to 20 years imprisonment
Indecently dealing with a child under 16: Up to 7 years imprisonment
Legislation: Criminal Law Consolidation Act 1935 (SA) and Children and Young People (Safety) Act 2017
Failure to report: Fines up to $10,000
Persistent sexual exploitation of a child: Up to 25 years imprisonment
Neglect causing harm: Up to 15 years imprisonment
Legislation: Crimes Act 1900 (ACT) and Children and Young People Act 2008
Failure to report: Up to 6 months imprisonment
Child sexual abuse offences: Up to 25 years imprisonment
Endangering welfare of a child: Up to 5 years imprisonment
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
