Protecting the safety and wellbeing of children and young people

1. A joint protocol of the Department of Human Services Child Protection, Department of Education and Early Childhood Development, Licensed Children’s Services and Victorian Schools 2011 Revised briefing for staff Protecting the safety and wellbeing of children and young people

2. Protecting Children Is Everyone’s Business • Society as a whole shares a responsibility for protecting the safety and well-being of children. • Any member of the community can make a report to Child Protection or a referral to Child FIRST if they have significant concern for the well-being of a child. • In addition, some members of the community (including teachers) are mandated to report to Child Protection

3. Are you mandated or non-mandated Are you aware of your responsibilities to protect children and young people from harm?

4. Why are professionals mandated to report • It is likely that a significant number of school students will suffer harm from abuse or neglect during their time within the education system • Physical and sexual abuse can cause long lasting effects Harm is minimized when intervention takes place as early as possible • Physical and sexual abuse of children are criminal offences • Teachers and other school professionals are ideally placed to recognise abnormal or changed behavior and are likely to be first to identify signs of abuse.

5. Non-mandated school staff Section 183 of the CYFA 2005 states that any person who believes on reasonable grounds that a child is in need of protection may report their concerns to Child Protection. This means that any person should make a report to Child Protection when they believe that a child or young person is at risk of harm and in need of protection, and the child’s parents are unable or unwilling to protect the child. If non-mandated staff have concerns that a student may be at risk of harm they should inform the principal immediately Refer to the Protocol Section 4.2: Protecting the safety of children and young people

6. Duty of care School staff have a duty of care to protect and preserve the safety, health and wellbeing of children and young people in their care and staff must always act in the best interests of those children and young people. If a staff member has any concerns regarding the health, safety or wellbeing of a child or young person it is important to take immediate action. The roles and responsibilities of school staff in supporting children and young people who are involved with Child Protection may include: acting as a support person for students attending Child Protection case plan meetings observing and monitoring students’ behaviour liaising with professionals. Refer to the Protocol Section 6.1. The role of school staff

7. Legal Definition:-A Child in Need of Protection Section 162 of the CYFA 2005: • Parents have abandoned a child and cannot be found. • Parents are dead or incapacitated and there is no one else to look after that child. • Child has suffered or is likely to suffer significant harm as a result of physical injury, sexual abuse or emotional or psychological harm and parents have not or are unlikely to protect the child from such harm. • Child’s physical development or health has been harmed and parents have not or are unlikely to provide for or allow the provision of appropriate care.

8. Mandatory reporting responsibilities for school staff

9. Mandatory reporting considerations -Part 1: Forming a belief The CYFA (2005) states: • That teachers must report to Child Protection when they ‘…form a belief on reasonable grounds…’ that a child has suffered, or is likely to suffer, significant harm as a result of physical injury or as a result of sexual abuse • A belief is considered to be more than a suspicion. A person may be considered to have formed a belief if they are more likely to accept rather than reject the suspicion that a child is at risk of harm from physical or sexual abuse • Proof is not required that abuse has occurred or is likely to occur. A belief is sufficient. It is the role of the Child Protection to determine whether that belief should be investigated • If one staff member has a different view from another staff member about making a report and the staff member continues to hold the belief that a child is in need of protection, that person is stillobliged to make a report to Child Protection. Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds

10. Mandatory reporting considerations -Part 2: Reasonable grounds Reasonable grounds is the mechanism used for forming the belief. Examples are: • a child tells a teacher they have been abused • someone else tells a teacher (a relative, friend, neighbour or sibling) that a child has been abused or is at risk of abuse • a child tells a teacher that they know someone who has been abused (often a child is referring to themselves) • a teacher’s own observation of a particular child’s behaviour/injuries or their knowledge of children generally leads them to suspect that abuse is occurring • other grounds that have led to the forming of a belief that a child is being abused. Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds

11. Consultation- A good idea! Schools must take immediate action in relation to concerns about possible abuse and neglect including student sexual assault. This means that the school needs clear and accessible policies & procedures about responding to concerns for the safety and/or wellbeing of a student Staff must be able to seek appropriate advice and know who can provide it. Consult with and seek advice from: • the school principal, or a member of the school leadership team • regional support staff. • the Emergency and Security Management Unit - P: 9589 6266 • the Student Critical Incident Advisory Unit, Student Wellbeing Division P: 9637 2934 or 9637 2487 • the local Victoria Police Sexual Offences and Child Investigation Team (SOCIT) • Department of Human Services, Child Protection

12. Definitions of Abuse and Neglect Physical Abuse – any non accidental injury to a child by a parent or caregiver. May take the form of bruises, cuts, welts, burns or fractures, internal injuries, shaking injuries in young infants. Sexual Abuse –when an adult or someone older/bigger than the child uses power or authority over the child to involve the child in sexual activity with or without physical force. Examples:- fondling of the genitals; masturbation; oral, vaginal or digital penetration by a finger, penis or other object; exposure to pornography, internet grooming behaviours. Emotional Abuse – when a child is repeatedly rejected or frightened by threats; name calling; exposure to significant or sustained family violence; being put down or continual coldness. Refer to the Protocol Appendix 2: Definitions of Child Abuse and Indicators of Harm

13. Definitions of Abuse and Neglect–Continued Neglect – the failure to provide the child with the basic necessities of life, such as adequate food, clothing, shelter, health care and supervision. Family violence: Violence (either actual or threatened) that occurs within a family, includes physical, verbal, emotional, psychological, sexual, financial and social abuse. Family violence is a criminal offence and can be liable to prosecution. Other matters that should be reported to Child Protection: • Risk-taking behaviour • Female genital mutilation • Child/young person exhibiting sexually abusive behaviours Refer to the Protocol Appendix 2: Definitions of Child Abuse and Indicators of Harm

16. DEECD Policy & Procedures Responding to Allegations of Student Sexual Assault – Procedures for Victorian Government Schools

17. Where can you find the protocol electronically? The DEECD Website at: http://www.education.vic.gov.au/ Link to the Protocol:- http://www.education.vic.gov.au/healthwellbeing/safety/childprotection/childprotection.htm