Child Protection Policy
Child Protection Policy
Child Protection Policy
At all times, management, staff and volunteers will treat children with the utmost respect and understanding. Our
Service believes that:
A reaction given to a child from an adult in a child’s early stages of emotional development can be positive or
detrimental depending on the adult’s behavior
Children who enhance their understanding of their body’s response to a situation are more able to predict the outcome
and ask for help or evade a negative situation
Incident and
Plans to effectively manage incidents and emergencies are developed in
2.2.2 emergency
consultation with relevant authorities, practiced and implemented.
management
S162 (A) Persons in day-to-day charge and nominated supervisors to have child protection training
RELATED POLICIES
PURPOSE
All Educators, staff and volunteers are committed to identifying possible risk and significant risk of harm to children and
young people at the Service. We comprehend our duty of care responsibilities to protect children from all types of
abuse and neglect and will always adhere to our moral and legislative obligations.
We aim to implement effective strategies to assist in ensuring the safety and wellbeing of all children. Our Service will
act in the best interest of each child, assisting them to develop to their full potential in a secure and child safe
environment.
SCOPE
This policy applies to management, staff, families, visitors (including contractors) and children of the Service.
Child abuse is any action towards a child or young person that harms or puts at risk their physical, psychological or
emotional health or development. Child abuse can be a single incident or can be several different incidents that take
place over time.
In NSW there are eight types of abuse, some of which are further divided into more specific categories:
Physical abuse
Neglect, incorporates.
Supervision
Shelter/environment
Food
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Hygiene/clothing
Medical care
Abuse of a child
Psychological harm
Relinquishing care
Substance abuse
Mental health
Domestic violence
Unborn child
DEFINITIONS
Maltreatment refers to non-accidental behavior towards another person, which is outside the norms of conduct and
entails a substantial risk of causing physical or emotional harm. Behaviors may be intentional or unintentional and
include acts of omission and commission. Specifically abuse refers to acts of commission and neglects acts of omission.
Note that in practice, the terms child abuse and child neglect are used more frequently than the term child
maltreatment.
Risk of Significant Harm (ROSH) refers to circumstances causing concern for the safety, welfare and wellbeing a child or
young person present to a significant extent. This means it is sufficiently serious to warrant a response by a statutory
authority irrespective of the family’s consent.
What is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably
adverse impact on the child’s or young person’s safety, welfare, or wellbeing.
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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 impact on the child.
Reasonable grounds refer to the need to have an objective basis for suspecting that a child may be at risk of abuse and
neglect based on:
What can reasonably be indirect based on observation, professional training and/ or experience
Mandatory reporting is the legislative requirement for selected classes of people to report suspected child abuse and
neglect to government authorities.
In NSW, mandatory reporting is regulated by the Children and Young Persons (Care and Protection) Act 1998 (The Care
Act).
Mandatory reporters
Mandatory reporters in NSW, are people who deliver the following services, wholly or partly, to children as part of their
paid or professional work:
Health care (e.g. registered medical practitioners, specialists, general practice nurses, midwives, occupational
therapists, speech therapists, psychologists, dentists and other allied health professionals working in sole practice or in
public or private health practices)
Children’s services (e.g., childcare workers, family day carers and home-based carers)
All staff have a responsibility to recognize and respond to concerns for safety, welfare and the wellbeing of children and
young people, and to report these concerns to management.
According to the Children and Young Persons (Care and Protection) Act 1998, mandated reporters (including people
employed in children’s services and unpaid managers of these services) must make reports if they suspect
on reasonable grounds a child is at risk of significant harm because:
the child’s basic physical or psychological needs are not being met or are at risk of not being met
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the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child to receive
necessary medical care
the parents or other caregivers have not arranged and are unable or unwilling to arrange for a school age child to
receive an education
the child has been, or is at risk of being physically or sexually abused or ill-treated
the child is living in a household where there have been incidents of domestic violence and they are at risk of serious
physical or psychological harm
the parent’s or other caregiver’s behavior means the child has suffered or is at risk of suffering serious psychological
harm
Source: Children and Young Persons (Care and Protection Act) NO 157 Chapter 3 > Part 2 > Section 23
Mandatory reporters in NSW should use the Mandatory Reporter Guide (MRG) if they have concerns that a child or
young person is at risk of being neglected or physically, sexually or emotionally abused. The MRG assists in providing
mandatory reporters with the most appropriate reporting decision. It is not designed to determine whether the matter
constitutes risk of significant harm (ROSH). This is done at the Child Protection Helpline through the Screening and
Response Priority (SCRPT) tool.
determine whether a report to the Child Protection Helpline is needed for concerns about possible abuse or neglect of
a child (including unborn) or young person
identify alternative ways to support vulnerable children, young people and their families where a mandatory reporter’s
response is better served outside the statutory child protection system
It is recommended that mandatory reporters complete the MRG on each occasion they have risk concerns, regardless
of their level of experience or expertise. Each circumstance is different, and every child and young person is unique.
Helpline caseworkers will make determinations on reports received from mandatory reporters using SCRPT in
conjunction with additional information which may not be available to mandatory reporters.
Mandatory reporters can call the NSW Child Protection Helpline on 132 111 (24 hours a day, 7 days a week).
NOTE: The reporter is not required to prove that abuse has occurred.
INDICATORS OF ABUSE
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There are common physical and behavioral signs that may indicate abuse or neglect. The presence of one of these signs
does not necessarily mean abuse or neglect. Behavioral or physical signs which assist in recognizing harm to children
are known as indicators. The following is a guide only. One indicator on its own may not imply abuse or neglect.
However, a single indicator can be as important as the presence of several indicators. Each indicator needs to be
deliberated in the perspective of other indicators and the child’s circumstances. A child’s behavior is likely to be
affected if he/she is under stress. There can be many causes of stress and it is important to find out specifically what is
causing the stress. Abuse and neglect can be single incidents or ongoing and may be intentional or unintentional.
History of injury
The child gives some indication that the injury did not occur as stated
The child tells you about someone he/she knows who has been hurt
Someone (relative, friend, acquaintance, and sibling) tells you that the child may have been abused.
NEGLECT
Child neglect is the continuous failure by a parent or caregiver to provide a child with the basic
requirements needed for their growth and development, such as food, clothing, shelter, medical and dental care, and
adequate supervision. Some examples are:
Child abandonment
PHYSICAL ABUSE
Physical abuse is when a child has suffered, or is at risk of suffering, non-accidental trauma or injury, caused by a
parent, caregiver or other person. Educators will be particularly aware of looking for possible physical abuse if parents
or caregivers:
Bone fractures
PSYCHOLOGICAL ABUSE
Psychological harm occurs where the behavior of the parent or caregiver damages the confidence and self-esteem of
the child, resulting in serious emotional deficiency or trauma. In general, it is the frequency and duration of this
behavior that causes harm. Some examples are:
Constant or excessive criticism, condescending, teasing of a child or ignoring or withholding admiration and affection
SEXUAL ABUSE
Sexual abuse is when someone involves a child in a sexual activity by using their authority over them or takes
advantage of their trust. Children are often bribed or threatened physically and psychologically to make them
participate in the activity. Sexual abuse includes:
Coercing the child to engage in sexual behavior with other children or adults
Self-destructive behavior
DOMESTIC VIOLENCE
Domestic violence, or intimate partner violence, is a violation of human rights. It involves violent, abusive or
intimidating behavior carried out by an adult against a partner or former partner to control and dominate that person.
Domestic violence causes fear, physical, and/or psychological harm. It is most often violent, abusive, or intimidating
behavior by a man against a woman, but can also be these behaviors by a woman against a man. Living with domestic
violence has a profound effect upon children and young people and therefore constitutes a form of child abuse. (The
NSW Domestic and Family Violence Action Plan, June 2010)
Experience anxiety
NOTE THAT ONLY THE FREQUENTLY REQUIRED CATEGORIES HAVE BEEN INCLUDED HERE. FOR FURTHER INFORMATION
ON INDICATORS PLEASE REFER TO THE RESOURCES FOR INDICATORS OF ABUSE AND NEGLECT SECTION OF THIS POLICY.
IMPLEMENTATION
Our Service strongly opposes any type of abuse against a child and endorses high quality practices in relation to
protecting children. Educators have an important role to support children and young people and to identify concerns
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that may jeopardize their safety, welfare, or wellbeing. To ensure best practice, all educators will attend approved Child
Protection training certified by a registered training organization. Educators will continue to maintain current
knowledge of child protection and Mandatory Reporter requirements by completing Child Protection Awareness
Training.
any person in day-to-day charge of the Service has successfully completed a course in child protection approved by the
Regulatory Authority
all educators’, staff, and volunteers’ Working with Children Checks are validated unless the person meets the criteria
for exemption from a WWCC. See exemption factsheet at http://www.kidsguardian.nsw.gov.au/child-safe-
organisations/working-with-children-check/apply
provided with a copy of the current Child Protection policy as part of the induction process at the Service
aware of their mandatory reporting obligations and responsibilities to report suspected risk or significant risk of harm
to the NSW Child Protection Helpline on 132 111
aware of indicators showing a child may be at risk of harm or significant risk of harm.
training and development are provided for all educators, staff, and volunteers in child protection on an annual basis
educators are provided with a reporting procedure and professional standards to safeguard children and protect the
integrity of educators, staff and volunteers.
access is provided to all staff regarding relevant legislations, regulations, standards and other resources to help
educators, staff, and volunteers meet their obligations.
records of abuse or suspected abuse are kept in line with our Privacy and Confidentiality Policy.
to notify the regulatory authority through the NQA-ITS (within 7 days) of any incident where it is reasonably believed
that physical and/or sexual abuse of a child has occurred or is occurring while the child is being educated and cared for
by the Service.
to notify the regulatory authority through the NQA-ITS (within 7 days) of any allegation that sexual or physical abuse of
a child has occurred or is occurring while the child is being educated and cared for by the Service.
the Office of the Children’s Guardian is notified within 7 business days of becoming aware of any allegations and/or
convictions of abuse or neglect of a child made against an employee or volunteer and ensure they are investigated, and
appropriate action taken.
Educators will:
contact the police on 000 if there is an immediate danger to a child and intervene if it is safe to do so
respect what a child discloses, taking it seriously and follow up on their concerns through the appropriate channels
comprehend their obligations as mandatory reporters and their requirement to report any situation where they
believe, on reasonable grounds, that a child is at risk of significant harm to the Child Protection Helpline on 132
111 (available 24 hours/7 days a week).
have completed online training to understand the child protection reporting process and use of the Mandatory
Reporter Guide (MRG) https://reporter.childstory.nsw.gov.au/s/mrg
refer families to appropriate agencies where concerns of harm do not meet the threshold of significant harm. These
services may be located through CWU (Child Wellbeing Units) or/and FRS (Family Referral Services)
at http://www.keepthemsafe.nsw.gov.au Family consent will be sought before making referrals.
prepare accurate records recording exactly what happened, conversations that took place and what was observed to
pass on to the relevant authorities to assist with any investigation.
understand that allegations of abuse or suspected abuse against them are treated in the same way as allegations of
abuse against other people
NOT investigate suspicion of abuse or neglect but collect only enough information to substantiate concerns and pass on
to the Child Protection Helpline or appropriate authority.
record their own observations as well as precise details of any discussion with a parent (who may for example explain a
noticeable mark on a child).
DOCUMENTING A DISCLOSURE
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A disclosure of harm emerges when someone, including a child, tells you about harm that has happened or is likely to
happen. When a child discloses that he or she has been abused, it is an opportunity for an adult to provide immediate
support and comfort and to assist in protecting the child from the abuse. It is also a chance to help the child connect to
professional services that can keep them safe, provide support and facilitate their recovery from trauma. Disclosure is
about seeking support and your response can have a great impact on the child or young person’s ability to seek further
help and recover from the trauma.
tell the child/person they have done the right thing in revealing the information but that they’ll need to tell someone
who can help keep the child safe
only ask enough questions to confirm the need to report the matter because probing questions could cause distress,
confusion and interfere with any later enquiries
not attempt to conduct their own investigation or mediate an outcome between the parties involved.
‘word for word ‘what happened and what was said, including anything they (the staff member/educator) said and any
actions that have been taken
accept the child or young person will disclose only what is comfortable and recognize the bravery/strength of the child
for talking about something that is difficult
let the child or young person use his or her own words
don’t make promises that can’t be kept. For example, never promise that you will not tell anyone else
honestly tell the child or young person what you plan to do next
CONFIDENTIALITY
It is important that any notification remains confidential, as it is vitally important to remember that no confirmation of
any allegation can be made until the matter is investigated. The individual who makes the notification should not
inform the suspected perpetrator (if known). This ensures the matter can be investigated without contamination of
evidence or pre-rehearsed statements. It also minimizes the risk of retaliation on the child for disclosing.
The report cannot lead to defamation and civil and criminal liability
The report is not admissible in any proceedings as evidence against the person who made the report
A person cannot be compelled by a court to provide the report or disclose its contents
All educators and staff working with children have a duty of care to support and protect children. A duty of care is
breached if a person:
does something that a reasonable person in that person’s position would not do in a particular situation
fails to do something that a reasonable person in that person’s position would do in the circumstances or
acts or fails to act in a way that causes harm to someone the person owes a duty of care.
Management will investigate the breaches in a fair, unbiased and supportive manner by:
discussing the breach with all people concerned and advising all parties of the process
giving the educator/staff member the opportunity to provide their version of events
documenting the details of the breach, including the versions of all parties
emphasizing the relevant element of the child protection policy and procedure
reviewing current policies and procedures and developing new policies and procedures if necessary
The Approved Provider has the legislative obligation under the Reportable Conduct Scheme to notify the Office of the
Children’s Guardian (OCG) f reportable allegations and convictions against their employees (including volunteers and
contractors), investigate the allegation and advise the Office of the outcome.
All staff members have an obligation to report relevant allegations of a child protection nature as part of the Reportable
Conduct Scheme to the Approved Provide or OCG. This reportable conduct may have occurred either within work hours
or outside work hours. A child is anyone under the age of 18 at the time of the alleged conduct occurred.
In addition, the Approved Provider must take appropriate action to prevent reportable conduct by employees.
The Children’s Guardian Act 2019, effective 1 March 2020, defines the head of an organization as a ‘relevant entity’. An
approved education and care service is listed at Schedule 1 of the Act as an ‘entity’.
The Approved Provider must notify the Children’s Guardian within seven (7) business days and investigate the
allegations. 7-day notification form Reportable Conduct Directorate: (02) 8219 3800. (Monday – Friday)
A final report of the investigation must be ready to submit within 30 calendar days or provide information about the
progress of the investigation to the Children’s Guardian. 30 Day interim report form
The Approved Provider must send a report to the Office of the Children’s Guardian that enables the Office of the
Children’s Guardian to determine whether the investigation was completed satisfactorily and whether appropriate
action was or can be taken. The Approved Provider must ensure an appropriate level of confidentiality of information
relating to the reportable allegations as per the Act or other legislation. The heads of relevant entities have obligations
under section 57 of the Act to disclose ‘relevant information’ to the following persons unless they are satisfied that the
disclosure is not in the public interest:
if the child is in out-of-home care- an authorized carer that provides out-of-home care to the child.
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See: https://www.kidsguardian.nsw.gov.au/child-safe-organisations/reportable-conduct-scheme/fact-sheets for further
information.
The Children’s Guardian will monitor the entity’s response and may conduct their own investigation.
a sexual offence has been committed against, with or in the presence of a child
ill-treatment of a child
neglect of a child
an offence under s43B (failure to protect) or s 316A (failure to report) of the Crimes Act 1900; and
see: https://www.kidsguardian.nsw.gov.au/child-safe-organisations/training-and-resources/webinars-and-face-to-face-
training for further information and training
about acceptable and unacceptable behavior, and what is appropriate and inappropriate contact at an age-appropriate
level and understanding
to say ‘no ‘to anything that makes them feel unsafe or uncomfortable
about how to use their own knowledge and understanding to feel safe
that there is no secret or story that cannot be shared with someone they trust
that educators are available for them if they have any concerns
that they can choose to change the way they are feeling.
Each state’s specification (excluding NSW) are available on the following pages.
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QUEENSLAND SPECIFICATIONS
In Queensland under the Child Protection Act 1999 (Qld) there are four different types of child abuse:
· Neglect
Child abuse can be a single incident or can be several different incidents that take place over time. Under
the Act, is does not matter how much the child is harmed but whether a child:
· Does not have a parent able or willing to protect them from harm.
Mandatory Reporting requirements are outlined in the Child Protection Act 1999. Mandatory Reporters
include:
· Teachers
· Doctors
· Early childhood education and care professionals (including teacher aides employed in approved
early childhood education and care programs)
· A person performing advocate function under the Public Guardian Act 2014
Early childhood education and care (ECEC) professionals are mandated by law to report child safety
concerns to the Department of Child Safety, Youth and Women or Queensland Police Service (QPS)
where there is a reasonable suspicion that the child has suffered, is suffering, or is at unacceptable risk of
suffering, significant harm caused by physical or sexual abuse, and there is not a parent willing and able
to protect the child from harm.
ECEC professionals include staff from family day care, kindergarten, limited-hours care, long day care and
after-school hours care. Individuals who are volunteers or under 18 years of age are not mandatory
reporters.
ECEC professionals are not approved bodies and cannot refer families to Family and Child Connect or an
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intensive family support service without their consent. If concerns about a family do not meet the
legislative threshold for reporting to the department, ECEC professionals are encouraged to refer families
to support services, with their consent.
Paid employees who work with children and young people must hold a blue card to comply with Working
with Children (Risk Management and Screening) Act 2000 and the Education and Care Services Act
2013. https://www.bluecard.qld.gov.au/index.html
ACT SPECIFICATIONS
Guide to reporting child abuse and neglect in the ACT identifies a range of indicators of sexual abuse.
Mandatory Reporting requirements are outlined in the Children and Young People Act 2008 (ACT). From
September 1 2019, new child sexual abuse reporting laws make if an offence for anyone in Canberra
over the age of 18 who reasonably believes a sexual offence has been committed against a child must
make a report to the police 131 444
· Doctors
· Dentist
· Nurses
· Midwife
· Teachers at school (inclusive of teachers’ aides and assistants in paid employment)
· A person authorised to inspect education programs, materials or other records used for home
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· A person caring for a child at a child care centre (including assistances and aides in paid
employment at the service)
· A person coordinating or monitoring home-based care for a family day care scheme proprietor
· A public servant who, in the course of employment as a public servant, works with or provides
services personally to, children and young people or families
· A person who in the course of the person’s employment has contact with or provides services to
children, young people and their families and is prescribed by regulation
Mandatory reporting is a legal requirement under the Act. Mandated reporters must make a Child
Concern Report to CYPS if through the course of your work, you believe on reasonable grounds a child is
experiencing:
– Neglect
Failing to report as soon as practicable after forming a belief of child abuse is an offence under the Act.
Early childhood educators may form beliefs on reasonable grounds that someone has already made a
report if:
– A report was made about the same child or young person in relation to the same abuse or neglect
with the same reasons given for their belief as you have for your belief