Case Example 3

Divya works as an educator at a small rural childcare centre. She has a 4 year old in her kinder room, Sally. Divya has noticed that in recent weeks Sally has been becoming increasingly upset and angry, particularly at pick up time. Divya knows that Sally has recently gone to live with an Aunt and Uncle as her mum has been unwell and is currently in hospital. Divya was glad someone was helping the family as Sally had been coming to kinder in dirty clothes and saying she hadn’t had any breakfast. Divya felt sorry for Sally’s Mum as she knew she wasn’t well so hadn’t spoken about this to her manager yet.


One afternoon Sally becomes really upset. Divya asks her what’s wrong and Sally tells her that her Uncle has been touching her private parts. Sally begs Divya not to say anything and Divya promises not to tell anyone. Divya is worried that if she does Sally will have to go into care as she knows her mum cannot care for her at the moment.

What legislation applies? What should Divya do?