LWS101 Chap.6 Children: Consent and Child Protection
Children: Consent and Child Protection
Who decides for a child
Parents usually decide for their children and must act in the child's best interests, but a young person who is mature and intelligent enough can sometimes give consent alone.
Protecting children
Registered nurses are mandatory reporters under the Child Protection Act 1999. A reportable suspicion of significant harm from physical or sexual abuse, where the child may lack a protective parent, requires a written report, and reporters who act honestly and reasonably are protected.
Talking with a child and family
The Queensland Health module gives practical guidance that also suits an implementation heading.
With a child, stay calm, use open questions suited to their age, listen without probing for detail and never promise to keep a disclosure secret. With parents and carers, stay non-judgemental, avoid leading questions that could prejudice an investigation and keep them informed about the child's medical care.
What this chapter covers
- 01
Parental Consent and Best Interests
- 02
Mature Minors
- 03
Mandatory Reporters
- 04
The Reportable Suspicion
- 05
Forming a Reasonable Suspicion
- 06
Protections for Reporters
Worked example · free
Parents refusing treatment for a young child
- 1Parents generally consent for young children but must decide in the child's best interests.
- 1A six-year-old is unlikely to have the maturity to decide alone, so the parents' decision is tested against best interests.
- 1The nurse should advocate for the child, escalate to the team and consider whether the risk of harm triggers child protection steps.
Key terms
- Mature Minor
- A young person under 18 with sufficient intelligence and maturity to consent to a particular treatment.
- Mandatory Reporter
- A person, including a registered nurse, required by section 13E of the Child Protection Act 1999 to report a reportable suspicion.
- Significant Harm
- A detrimental effect of a significant nature on a child's physical, psychological or emotional wellbeing.
- Child in Need of Protection
- A child who has suffered or is at unacceptable risk of significant harm and has no parent able and willing to protect them.
- Non-Mandatory Report
- A report anyone may make under section 13A about a reasonable suspicion that a child may need protection.
- Best Interests of the Child
- The standard parents and other decision-makers must apply when consenting to treatment on a child's behalf.
Children: Consent and Child Protection FAQ
Does a nurse need proof before reporting suspected abuse?
No. The Queensland Health module says it is not the health professional's job to prove abuse or identify who caused it; investigation belongs to Child Safety and police. A report rests on a reasonable suspicion built from signs, disclosures, injuries, symptoms and behaviours.
Is a nurse protected if a report turns out to be wrong?
Under the Child Protection Act 1999 (section 197A), a person cannot be held liable for notifying or giving information to Child Safety or police about harm to a child, provided they act honestly and reasonably. Section 186 also limits disclosure of a notifier's identity.
Can a fifteen-year-old consent to treatment without a parent?
Possibly. The Week 6 overview explains that older children may be mature and intelligent enough to consent without their parents. Maturity is judged for the specific treatment, so the nurse should assess and document the young person's understanding before relying on it.
Who counts as a parent under the Child Protection Act 1999?
The module explains that section 11 defines a parent as the child's mother, father or someone else having or exercising parental responsibility, but not a person standing in for a parent only temporarily. For an Aboriginal or Torres Strait Islander child, a parent includes a person regarded as a parent under Aboriginal tradition or Island custom.
Exam move
Learn the reportable suspicion as three tests and say them aloud: significant harm, physical or sexual abuse, no parent able and willing. Then practise sorting short scenarios into mandatory and non-mandatory reports. Keep a list of the section numbers the module gives, with one line each, and tab that page in your exam folder. For consent questions, always state the child's age and maturity before anything else.
Rehearse the do and do not list for talking with a child, because it gives you ready implementation steps.
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