Under the new mechanism, which will be gazetted on Friday (June 6), 2 categories of people, including social workers, teachers, and health care workers, are listed as mandatory whistleblowers who reasonably suspect abuse of children under 23 years of age as soon as possible. Government sources revealed today (18st) that the new mechanism has an "exemption defense", and "mandatory whistleblowers" who sincerely and reasonably believe that delaying the report is in the best interests of the abused child, such as needing to calm the person's emotions or assist in moving out of the abused environment, etc., or knowing that someone else has reported it, can be regarded as an exemption defense, but claiming that the failure to report because of respect for the person's will is not a defense for exemption.

A draft on mandatory reporting of child abuse will be gazetted on Friday (June 6), and 2 categories of people, including social workers, teachers and medical caregivers, will be listed as mandatory whistleblowers under the new mechanism (profile photo)

No reporting time limit specified Sources: The circumstances of each case are different

Government sources said that the Bill does not specify a time limit for reporting, "it will be specified that it will take a few minutes or more minutes to report", as the circumstances of each case are different, depending on the degree and nature of the harm to the abused child, and it may take time to seek evidence before the whistleblower acts, so it is difficult to make a mandatory rule: "There are things that can be seen immediately, such as being sunburned, but there are (suspected abused children) who may be depressed and need to know more."

A good faith and reasonable belief that a delay in reporting would be in the best interests of the child may be waived

The source also mentioned that exemption is eligible if there is a reason for the delay in reporting, including a sincere and reasonable belief that the delay in reporting is in the best interests of the abused child and reasonable action is taken. For example, if a child who has been sexually abused by a family refuses to give evidence, the social worker who assists the child in the case may need time to calm the mood and fail to report it in time, or if the welfare of the person concerned is concerned and arrange for him to be removed to a safe environment, he or she may raise an exemption defense.

Failure to confirm whether a report has been made should be better than a lack of sources: It is better to report more than to report less

Another exemption defence involves other persons in the know, and exemption is granted if it is known that a report has been made by a compulsory whistleblower. Sources pointed out that if a suspected serious abuse case is found, but it is not possible to confirm whether anyone has reported it, it is better to report more than to report less."

If the wishes of the abused client are respected, and at his request, will he not report in accordance with the law, will he be "on top"? The source said that from a legal point of view, this is not a reasonable excuse for non-fulfillment of responsibility, because the original intention and original intention of the legislation is to protect children, and mandatory whistleblowers should use professional judgment to help abused children out of danger.

Those who obstruct or obstruct the whistleblower will also face fines

The new mechanism has safeguards in the event of a third party, such as a supervisor, who obstructs a tip, and government sources say that those who obstruct or obstruct the whistleblower will also face penalties.

The new mechanism for mandatory reporting of child abuse requires whistleblowers to report as soon as practicable if they reasonably suspect that a child under the age of 18 "has suffered and is still suffering serious harm" or "faces a real risk of serious harm", such as being violently beaten or having been sexually assaulted, etc. during the course of their work. The mechanism specifically states that injuries caused by another child, including bullying and accidental injuries, are excluded from the scope of reporting.

Implemented 18 months after the gazette of the law Enables relevant persons to complete statutory duty training

Government sources have revealed that the Government intends to implement the new mechanism 18 months after the gazetted of the new legislation, during which time relevant persons will be given statutory duty training and relevant professional bodies will review and amend codes of practice or guidelines as necessary.

According to the latest Legislative Council filing, the list of mandatory whistleblowers includes 23 categories of persons who are in regular contact, including social workers, staff of child care centres and residential services, teachers, doctors, nurses, clinical psychologists, etc.

Whistleblowing figures may soar SWD's new hostel centre to open in the first quarter of next year 48 places will be available

Referring to the experience of other jurisdictions, the Government expects that after the new legislation comes into effect, the number of reported child abuse cases may soar, and SWD will set up a new residential child care centre, which will open in the first quarter of next year, which can provide 48 service places and care for 192 children per year. The source also said that SWD is considering adding another residential child care centre of the same size and recruiting more foster parents to further increase the supply of emergency placement places.

List of 23 categories of persons who are required to whistleblower:

Social worker, child care worker/supervisor, director of a residential care home for children

Teachers, boarding school housemasters

Nurses, doctors, dentists, dental hygienists, Chinese medicine practitioners, physiotherapists, occupational therapists, medical laboratory technicians, optometrists, radiographers, pharmacists, midwives, chiropractors, speech therapists, dietitians, audiologists, clinical psychologists, educational psychologists

Measures to protect "mandatory whistleblowers":

1. No one shall knowingly prevent or hinder the mandatory whistleblower from making a report

2. No one shall disclose the identity of the person who made the report of the compelled whistleblower, nor shall he disclose information from which the identity can be inferred

3. Mandatory whistleblowers will not incur any civil or criminal liability simply for making a report.

4. A compelling whistleblower shall not be judged to have violated any code of professional conduct or ethics solely because that person has made a report.

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