Risk of significant harm
On 24 January 2010, a new statutory reporting threshold commenced in NSW. From that date, when a mandatory reporter is concerned about suspected abuse or neglect of a child, they will need to consider whether or not the risk of harm to the child or young person is 'significant'.
Risk of significant harm is the new statutory threshold and has replaced "risk of harm" in the Children and Young Persons Care and Protection Act 1998. This new reporting threshold aims to ensure that only the most serious cases warranting statutory intervention are reported to that agency.
A child or young person is at risk of significant harm if the circumstances that are causing concern for the safety, welfare or wellbeing of the child or young person are present to a significant extent.
The change in the statutory reporting threshold will also allow families who need help and services, but are below the threshold to get the right supports sooner, without having to be reported to the Helpline. All human services agencies have a responsibility to identify concerns early and collaborate to improve outcomes for children, young people and their families.
What is meant by Risk of Significant Harm:
"Significant' in the phrase "to a significant extent" means something which is sufficiently serious to warrant a response by a statutory authority irrespective of a family's consent.
What is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse effect on the child or young person's safety, welfare or wellbeing.
In the case of an unborn child, what is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse effect on the child after the child's birth.
"Significance" can result from a single act or omission or an accumulation of acts or omissions.
Why the changes?
The Special Commission of Inquiry into Child Protection Services in NSW noted the need to distinguish between children and young people who may need services or support and those at risk of significant harm. The Children and Young Persons (Care and Protection Act) 1998 has been amended so that only those children who are likely to need the care and protection powers of the State are reported to Community Services.