Concealing a serious indictable offence: section 316 of the Crimes Act 1900 (NSW).

What section 316 requires.

Section 316 of the Crimes Act 1900 (NSW) has several parts, and each has to be present. The person must know or believe that a serious indictable offence has been committed. They must have information that might be of material assistance in bringing the offender to justice, or in securing an arrest, prosecution or conviction. And they must fail, without reasonable excuse, to bring that information to the attention of police or another appropriate authority.

A serious indictable offence is defined elsewhere in the Act as one that carries a maximum penalty of at least 5 years imprisonment. So the section does not reach minor offending. It is aimed at people who sit on information about serious crime. The offence is the concealment, the failure to report. It is separate from the underlying crime, and a person can be guilty of it even though they took no part in the original offence at all.

The penalties, tiered to the offence concealed.

The maximum penalty for concealing is set by the seriousness of the offence concealed, in three bands. Where the concealed offence carries a maximum of less than 10 years, the maximum for concealing it is 2 years imprisonment. Where the concealed offence carries a maximum of at least 10 years but less than 20 years, the maximum is 3 years. Where the concealed offence carries a maximum of 20 years or more, the maximum for concealing it is 5 years. The graver the crime kept quiet, the graver the concealment is treated.

Is there a general duty to report a crime?

For most offences, no. There is no general legal duty in NSW to report a crime you happen to know about. Section 316 carves out a specific duty in a defined situation, and it is narrower than people fear. It bites only where the offence known of is a serious indictable offence, where the person actually has information of material assistance, and where the failure to report is without a reasonable excuse. Ordinary knowledge that a friend once did something minor does not engage the section. It is the combination of a serious crime and useful information withheld that matters.

The reasonable excuse defence.

The section is not breached where the person has a reasonable excuse for not coming forward. What is reasonable is judged on the facts, and the categories are not closed. Fear for one's own safety or the safety of family can be a reasonable excuse. A close family relationship to the person who committed the offence can be relevant. The privilege against self-incrimination is relevant where reporting would expose the person to their own criminal liability. Because the excuse does so much work in these cases, and because whether it applies is fact-specific, this is an offence where advice before any conversation with police is important.

The consent rule for certain professions.

Section 316 recognises that some information reaches people through confidential professional relationships. Where the information came to a person in the course of practising or following a profession, calling or vocation prescribed by the regulations, which covers certain legal, medical, health, counselling and similar roles, a prosecution cannot be commenced without the approval of the Attorney General. This is a control on the use of the section against professionals who receive information in confidence. It does not exempt them entirely, but it adds a gate before a charge can be laid.

Section 316A: concealing child abuse.

In 2018, NSW added section 316A, a separate offence dealing specifically with concealing a child abuse offence. It applies to an adult who knows, believes, or reasonably ought to know that a child abuse offence has been committed, and who fails without a reasonable excuse to report the information to police. The mental element is wider than section 316, because it reaches the person who reasonably ought to have known, not only the person who did know or believe. It was introduced after the child sexual abuse royal commission, and it reflects a deliberate choice to place a clear duty on adults to report information about the abuse of children.

Section 316 and its child abuse counterpart sit near other offences that protect the course of justice. Where a person does more than stay silent, and takes a step to hide or dispose of evidence or to mislead an investigation, the conduct can cross into perverting the course of justice or dealing with the goods of a crime, which carry heavier penalties. The line between staying quiet and taking active steps is the line that decides which offence, if any, is in play.

Primary sources: the offence is section 316, and the child abuse offence is section 316A, of the Crimes Act 1900 (NSW), with the definition of a serious indictable offence in section 4. The child abuse offence was added by the Crimes Legislation Amendment (Child Sexual Abuse) Act 2018. Related offences appear in Part 7 of the Crimes Act, searchable on JADE.

Common questions

What is the offence of concealing a serious indictable offence?

Under section 316 of the Crimes Act 1900 (NSW), it is an offence where a person knows or believes a serious indictable offence has been committed, has information that might be of material assistance in bringing the offender to justice, and fails without reasonable excuse to give it to police. A serious indictable offence carries a maximum of at least 5 years.

What is the penalty for concealing a serious indictable offence?

It is tiered to the offence concealed. Less than 10 years for the concealed offence gives a maximum of 2 years. At least 10 but under 20 years gives 3 years. Twenty years or more gives a maximum of 5 years for the concealment.

Do you have to report a crime you know about in NSW?

For most crimes, no. Section 316 creates a duty only where you know or believe a serious indictable offence has been committed and you have information of material assistance in bringing the offender to justice, and only where you fail to report it without reasonable excuse. Minor offending does not engage it.

What is a reasonable excuse under section 316?

The section is not breached where there is a reasonable excuse, judged on the facts. It can include fear for personal or family safety, a family relationship to the offender, or the risk of self-incrimination. The categories are not closed, so advice before speaking to police matters.

Is prosecution restricted for certain professions?

Yes. Where the information came to a person through a prescribed profession, calling or vocation, such as some legal, medical and counselling roles, a prosecution under section 316 needs the approval of the Attorney General. This recognises the confidential nature of those relationships.

What is section 316A about concealing child abuse?

Section 316A, added in 2018, is a separate offence for concealing a child abuse offence. It applies where an adult knows, believes or reasonably ought to know a child abuse offence has been committed and fails without reasonable excuse to report it. It followed the child sexual abuse royal commission.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 28 August 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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