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    Quality Controlled

    Document No. & Title

    		   Child Protection - Reporting
    Version 2.0 Author Principal Owner Principal
    Approval Date 10/03/2013 Last Review 10/2019 Next Review 10/2020
    VRQA Minimum Standard/s Student Welfare: Care, safety and welfare of students

     

    Table of Contents

    1. 1. Related Files
    2. 2. Purpose
    3. 3. Scope
    4. 4. Policy Statement
    5. 5. Procedural Steps
      1. 5.1. Reasonable Belief
      2. 5.2. Mandatory Reporting (to Child Protection - South Division 1300 655 795)
      3. 5.3. Child in need of protection (to Child Protection/ Victoria Police)
      4. 5.4. Child displaying sexually abusive behaviours and in need of therapeutic treatment (to Child Protection)
      5. 5.5. Significant concerns about the wellbeing of a child (to Child Protection or Child First)
      6. 5.6. Reasonable belief that a sexual offence has been committed by an adult against a child under 16 (to Victoria Police)
      7. 5.7. Reasonable excuses for failing to comply with the requirement include:
    6. 6. Communication of Policy
    7. 7. Implementation of Policy
    8. 8. Definitions
    9. 9. Supporting Documents
    10. 10. Related Legislation
    11. 11. Related Policies

     

    Purpose

    Every child and young person is created in the image of God and is precious in His sight. Parents/Guardians have the primary responsibility to love and look after the children and young people in their care. As a Christian School community, we partner with families in caring for and nurturing our students. However, we recognise that in a world affected by sin, some people do not always fulfil their responsibilities. As such, this policy is designed to protect children and young people from abuse and neglect by ensuring College staff:

    • understand their mandatory reporting responsibilities and duty of care obligations to protect children and young people from child abuse including physical and sexual abuse.

    • know how to make a mandatory report to the Department of Health and Human Services (DHHS) Child Protection when they have formed a belief on reasonable grounds that a child or young person is at risk of significant harm.

    • know how to report all incidents, suspicions and disclosures of child abuse to the Commision of Children and Young People (CCYP) when they have formed a belief on reasonable grounds that a child or young person is at risk from a school staff member, contractor, volunteer or visitor. 

    • are able to identify and be aware of the indicators of abuse.

       

     

    Scope

    This policy applies to all staff.

     

    Policy Statement

    Reporting child protection concerns

    The College Principal and teachers (including pre-service, visiting teachers or those granted permission to teach) will notify the Department of Health and Human Services (Child Protection or Child FIRST) if they form a belief, based on reasonable grounds, that a child has suffered or is in need of protection from physical injury or sexual abuse.

    If any staff member has any concerns about the safety and well-being of students (even if they haven’t formed a belief that a child is at significant risk of harm), they will speak with the Primary/Secondary Coordinator or the College Principal as soon as possible.

    All other school staff members:

    • who form a belief on reasonable grounds that a child or young person is need of protection, should report their concerns to Child Protection or Victoria Police.
    • who form a belief on reasonable grounds that a child or young person is need of protection is displaying sexually abusive behaviours and is in need of therapeutic treatment should report their concerns to Child Protection.

     

    In circumstances where staff have concerns about a child or young person, they should also discuss their concerns with the Principal or member of the College leadership.

     

    Failure to disclose: Reporting criminal child sexual abuse

    School staff members who form a belief on reasonable grounds that a sexual offence has been committed in Victoria by an adult against a child under 16 must disclose that information to police. Failure to disclose the information to police is a criminal offence, except in limited circumstance such as where the information has already been reported to Child Protection.

    Please note that this offence applies to all adults in Victoria, not just professionals who work with children.

     

    Failure to protect offence: Protecting children from the risk of sexual abuse

    School staff members in a position of authority who become aware that an adult associated with the College (e.g. an employee, a contractor, a volunteer, a visitor) poses a risk of sexual abuse to a child under the care of the College must take all reasonable steps to remove or reduce the risk. This may include removing the adult from child-related work pending investigation.

    If school staff members in a position of authority fails to take reasonable steps in these circumstances, this may amount to a criminal offence.

    This offence applies to adults in a position of authority at the College such as the Principal and Leadership personnel including managers. 

     

    PLEASE NOTE: This Policy replaces the Mandatory Reporting Policy 

     

    Procedural Steps

    The following procedure is to be adopted at Bayside Christian College:

     

    You become concerned about a child on reasonable grounds.

     

    Reasonable Belief

    A ‘reasonable belief’ or a belief on reasonable grounds is not the same as having proof but is more than mere rumour of speculation.

    A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds.

    A 'reasonable belief' may be established when:

    • a child or young person states that they have been physically or sexually abused.
    • a child or young person states that they know someone who has been physically or sexually abused (sometimes the child may be talking about themselves).
    • someone who knows the child or young person states that the child or young person has been physically or sexually abused.
    • a child shows signs of being physically or sexually abused.
    • professional observations of the child’s behaviour or development leads a professional to form a belief that the child has been physically or sexually abused or is likely to be abused

     

    Complete the Notification to DHHS Form and report based as per the following:

     

    Mandatory Reporting (to Child Protection - South Division 1300 655 795)

    Mandatory Reporters, that is the College Principal and any teachers must have a report as soon as is practicable, if they form a belief on reasonable grounds that a child or young person is in need of protection, as a result of physical injury or sexual abuse, and the child’s parents are unable or unwilling to protect the child.

     

    Mandatory Reporting (to Commision of Children and Young People -  1300 782 978)

    Mandatory Reporters, that is the College Principal and any teachers must have a report with in 3 days, if they form a belief on reasonable grounds that a child or young person is in need of protection, as a result of physical injury or sexual abuse from a school staff member, contractor, volunteer or visitor. 

     

    Child in need of protection (to Child Protection/ Victoria Police)

    Any school staff member may report if they believe on reasonable grounds that a child is in need of protecting for any of the following:

    • The child has been abandoned and there is no suitable person who is willing and able to care for the child.
    • The child’s parents are dead or incapacitated and there is no other suitable person who is willing and able to care for the child.
    • The child has suffered or is likely to suffer significant harm as a result of physical injury and the parents are unable or unwilling to protect the child.
    • The child has suffered or is likely to suffer significant harm as a result of sexual abuse and their parents are unable or unwilling to protect the child.
    • The child has suffered or is likely to suffer emotional or psychological harm and the parents are unable or unwilling to protect the child.
    • The child's physical development or health has been, or is likely to be significantly harmed and the parents are unable or unwilling to provide basic care, or effective medical or other remedial care.

     

    Child displaying sexually abusive behaviours and in need of therapeutic treatment (to Child Protection)

    Any school staff member may report if they believe on reasonable grounds that a child who is 10 years of age or over, but under 15 years of age, is in need of therapeutic treatment because he or she has exhibited sexually-abusive behaviours.

     

    Significant concerns about the wellbeing of a child (to Child Protection or Child First)

    Any school staff member may report if they have concerns for the wellbeing of a child

     

    Reasonable belief that a sexual offence has been committed by an adult against a child under 16 (to Victoria Police)

    Any school staff member may report if they believe on reasonable grounds that a sexual offence has been committed in Victoria by an adult against a child under 16 must report that information to police. It is criminal offence not to make a report, except in the following circumstances:

    • The victim is 16 years of age or older and does not have an intellectual disability that limits his/her capacity to make an informed decision; and he/she does not want the information reported to the police
    • The victim has disclosed the information in confidence in the course of a therapeutic relationship with you as a registered medical practitioner or counsellor. 
    • The victim turned 16 years of age before 27 October 2014.

     

    Reasonable excuses for failing to comply with the requirement include:

    • a reasonable belief that the information has already been reported to police or DHHS Child Protection disclosing all of the information
    • a reasonable fear that the disclosure will place someone (other than the alleged perpetrator) at risk of harm

     

    In addition to any report, in all circumstances where staff have concerns about a child or young person, discuss your concerns and any reports with the Principal or member of the College leadership.

     

    Communication of Policy

    The College will communicate this policy to the College community via:

    • The College Intranet

    • The Staff Handbook

     

    Implementation of Policy

    This policy and procedure will be implemented through:

    • Individual staff contracts outlining staff members’ legal responsibilities for the care, safety and welfare of students.

    • All staff are required to complete the training module: Protecting Children- Mandatory Reporting and other Obligations, annually. On completion, staff provide a copy of their Certificate to the Principal.

    • Mandatory reporting and duty of care responsibilities reiterated in staff meetings at the commencement of each school year.

    • the College’s staff performance review process

     

    Definitions

    Term Definition
    Child Abuse

    any act committed against a child involving a sexual offence, or an offence under section 498(2) of the Crimes Act 1958 (grooming); and 

    the infliction on a child of physical violence, or serious emotional or psychological harm; and

    the serious neglect of a child.
    Child or Young Person In Victoria, under the Children, Youth and Family Act 2005 (Vic), a child or young person is a person under seventeen years of age

     

     

     

     

     

     

     

     

     

    Related Legislation

    Children, Youth and Families Act 2005 

    Crimes Act 1958

    Education and Training Reform Act 2006

    Victorian Institute of Teaching Act 2001

    Commission for Children and Young People Act 2012

    Child Wellbeing and Safety Act 2005.

    Related Policies

    Child Protection Policy