(November 14, 2012 at 5:49 am)Daniel Wrote:Northern Territory(NT) is the only one because it basically says everyone is a mandatory reporter. But even in the Northern Territory it does say (LINK)(November 14, 2012 at 4:50 am)KichigaiNeko Wrote: Please don't get me started Daniel. Priest are NOT obliged to pass-on information heard in the confessional..that is what makes Mr Abbot, Mr Pyne and Mr O'Farrell's calls for the confessional to be broken that more poignant.Um, yes they are. Link.
NT - any person with reasonable ground to believe abuse has taken place.
NSW - almost certainly applies to Catholic priests.
ACT - I would argue that it applies to Catholic priests here in the ACT.
The only state that makes an explicit exception for matters of confession is SA. Mandatory reporting is ... mandatory. The way the law is, if you are a person who is obligated by "mandatory reporting", it doesn't even matter if you're not engaged in the activity which corresponds to making you obligated you still have to report. For instance, a teacher has to report, even if they become aware of abuse occurring outside of their school.
Quote:(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.I am not a lawyer but to me that may give a catholic priest an opt out clause concerning confessional.
NSW: Where do you get the idea that "almost certainly applies to Catholic priests."? For what I have read it does not.
You can argue all you like for the Australian Capital Territory (ACT) still will not change the fact it does not include catholic priests.
I think KichigaiNeko was correct with her assertion "Priest are NOT obliged to pass-on information heard in the confessional."