Association of Independent Schools of South Australia 301 Unley Road, Malvern SA 5061

1. AISSA Child Protection Update Roger Anderson & Mary Pickett Date: June 5, 2014 Association of Independent Schools of South Australia 301 Unley Road, Malvern SA 5061 F (08) 8179 1400 F (08) 8373 1116 E office@ais.sa.edu.au

2. Welcome and Introductions • Roger Anderson • Mary Pickett • Sonia Albertini Association of Independent Schools of SA

3. Child Safe Organisations

4. Child Protection Update • The context • Legal Obligations • Community Expectations • Ensuring a Child Safe School – prevention and going beyond compliance • Managing allegations and incidents • Support for Schools • Questions Association of Independent Schools of SA

5. Legal obligations • Children’s Protection Act • School Registration • Enrolment contracts • Duty of care Association of Independent Schools of SA

6. The Context School registration requirement: “the school provides adequate protection for the safety, health and welfare of its students” Association of Independent Schools of SA

7. Legal Obligations Children’s Protection Act 1993 Schools are required to: develop policies and procedures to establish and maintain child safe environments conduct criminal history assessments for employees, contractors and volunteers in prescribed positions who are working with children (unless an exemption applies) lodge a Child Safe Environment Compliance Statement with the Department for Education and Child Development (DECD) Association of Independent Schools of SA

8. Update: Legal Obligations Policies and procedures must comply with Standards and Principles issued from time to time by the Chief Executive, DECD. In particular: Child Safe Environments: Principles of Good Practice http://www.ais.sa.edu.au/__files/f/1853/Child%20Safe%20Environments%20Principles%20of%20Good%20Practice%20-%20July%202012.pdf Child Safe Environments: Standards for dealing with information obtained about the criminal history of employees and volunteers who work with children http://www.ais.sa.edu.au/__files/f/185453/Child%20Safe%20Environments%20-%20Standards%20for%20dealing%20with%20criminal%20history%20of%20employees%20and%20volunteers%20-%20July%202012.pdf Association of Independent Schools of SA

10. Child Safe Environments: Principles of Good Practice Principle 1: Identify and analyse risk of harm Principle 2: Develop a clear and accessible child safe policy Principle 3: Develop codes of conduct for adults and children Principle 4: Choose suitable employees and volunteers Principle 5: Support, train, supervise and enhance performance Principle 6: Empower and promote the participation of children in decision-making and service development Principle 7: Report and respond appropriately to suspected abuse and neglect  Association of Independent Schools of SA

11. Criminal History Assessment • Criminal history assessment required before appointment and at least every three years for a person who has: • regular contact with children or working in close proximity to children on a regular basis, unless the contact or work is directly supervised at all times; or • supervises or manages persons in positions requiring or involving regular contact with children or working in close proximity to children on a regular basis; or • accesses records relating to children. Association of Independent Schools of SA

12. Standards: Criminal History Information Standards for dealing with information obtained about the criminal history of employees and volunteers who work with children Standard 1: Identifying prescribed functions and prescribed positions Standard 2: Developing understandable and accessible procedures to obtain criminal history reports Standard 3: Conducting criminal history assessments in a timely and regular manner Standard 4: Accepting other evidence Standard 5: Assessing criminal history reports Standard 6: Ensuring procedural fairness throughout the assessment and decision-making processes Standard 7: Ensuring good practices when dealing with criminal history information Association of Independent Schools of SA

13. Criminal History Assessment: Exemptions • Registered teachers • Police officers • A person who undertakes work on a voluntary basis to provide a service in his or her capacity as a parent or guardian of a child who is ordinarily provided with the service; • A person who undertakes work on a voluntary basis to provide a service and who is under 18 years of age; • A person who undertakes work in the course of, or for the purposes of, an event or activity that takes place over a period of not more than 10 consecutive days or not more than 1 day in any month; Association of Independent Schools of SA

14. Legal Obligations • Criminal Screening • Teachers • non-teachers • student teachers • volunteers • billeting families • DCSI, National Police Certificate, CrimTrac • Notification of incidents • Exchange of Information Association of Independent Schools of SA

15. http://www.decd.sa.gov.au/docs/documents/1/InformationSharingGuideli.pdfhttp://www.decd.sa.gov.au/docs/documents/1/InformationSharingGuideli.pdf http://www.ais.sa.edu.au/__files/f/78632/Information%20Sharing%20Guidelines%20Appendix%20FINAL.pdf

16. Community Expectations • Child focus • Not just school related matters • Debelle • Inter-sector Guidelines • Advise AISSA Association of Independent Schools of SA

17. Child Safe Organisations

18. Beyond Compliance • - a moral obligation • Child safe organisations take a proactive and preventative stance on child protection issues and foster a child safe environment as the main consideration in all its activities and management practices. Child protection is embedded in the organisation’s culture and is understood at all levels of the organisation. • A Child-Focused Community: Keeps actions relevant to the child’s needs not the needs of others. Association of Independent Schools of SA

19. Prevention: being proactive The best ‘response’ to adult sexual misconduct in education and care settings is to prevent it occurring in the first place. The best way to limit adults’ opportunity to harm children and young people is to establish an environment where it is extremely hard for any inappropriate adult behaviours to go unnoticed and unchecked. The leader’s role Establishing a safe-aware environment where everyone will recognise inappropriate behaviour and speak up about their concerns, and Taking the right action when those concerns are raised with you Association of Independent Schools of SA

20. Beyond Compliance: a proactive approach • Nature of offenders: • Criminal intent • Opportunity and situational based child offending • Clear articulation to school community and beyond of your: • Child Protection Policy • Code of Conduct and Professional Boundaries • Consequences for breaches • Website, recruitment documentation, etc.. Association of Independent Schools of SA

21. Beyond Compliance: a proactive approach • PhysicalEnvironment: all sites • People: all employees, volunteers, visitors, contractors, students, parents • Culture: • Values, beliefs, perceptions and attitudes • Relationships and interactions • Awareness and action • Identify risks and vulnerable children • Recognise inappropriate behaviour • Speak up about concerns • Taking the right action when these concerns are raised

22. Beyond Compliance: The RIGHT People Choosing and developing the right people: The right people working in your organisation contribute to creating a positive, child safe environment. Whether you are choosing staff or volunteers, or supporting existing staff or volunteers, developing the right team is an important and ongoing process. Recruit: To attract the right people include a statement about your commitment to being a child safe environment in your recruitment materialsand on your school website. Assess: Inquire about the applicant’s motivation to work with children, their competency and their values; verify their past experience; follow up their references– more than a criminal history check.

23. Training: Child-Safe Environments • All teaching and non-teaching staff: compulsory • Responding to Abuse & Neglect (RAN)Training • 7 Hour Module then online update 3 yearly • 2015 update year: keep everyone up to date and on the same page by doing 2015 training in the same term it is released • Tertiary Students (responsibility of the university) • Promoting Safety and Wellbeing: Induction for tertiary students working with children and young people in education and care sites Association of Independent Schools of SA

24. Training: Child-Safe Environments • Volunteers: Responding to Abuse and Neglect • Education and Care Induction for Volunteers • Online Module (20 minutes) • In-school • PowerPoint presentation, handbook and certificate http://www.ais.sa.edu.au/about-aissa/policy-advice#41309 Association of Independent Schools of SA

25. http://dl.dropboxusercontent.com/u/62498018/Volunteer%20Training/Resp_5/Resp_5.htmhttp://dl.dropboxusercontent.com/u/62498018/Volunteer%20Training/Resp_5/Resp_5.htm

26. Responding toabuse and neglect Educationand care induction session for volunteers

27. ‘The more vigilant and transparent an education or care community is in complying with the Protective Practices document the more likely it will be that sexual misconduct can be prevented.’ Managing Allegations of Sexual Misconduct Guideline, p 7.

28. Is your Child Protection Policy and ‘Code of Conduct’ understood by all staff, parents, students and volunteers? • Do staff understand the Protective Practices Guidelines and how they protect them? • Are professional boundariesand how they apply at your school discussed, made explicit and scrupulously abided by all staff ? • Are there regular discussions around ‘grey areas’? • Are the consequences of breaches clearly understood? • Would early intervention occur to prevent any boundary crossing escalating?

29. Beyond Compliance: Students • Do all your students… • Know how to recognise abuse and to tell a trusted adult about it? • Understand what is appropriate and what is inappropriate? adult to child/child to child? • Have the skills and knowledge to keep themselves safe? • Have a voice that is listened to, responded to and respected within the school? Association of Independent Schools of SA

30. KS: CPC • Keeping Safe: Child Protection Curriculum (updated 2014) • Early Years: Ages 3-5 + Disability & additional needs • Early Years: Years R-2 + Culturally & linguistically diverse • Primary Years: Years 3-5 backgrounds • Middle Years: Years 6-9 • Senior Years: Years 10-12 • 4 Focus Areas • 1. Right to be safe 2. Relationships • 3. Recognising & Reporting Abuse 4. Protective Strategies Association of Independent Schools of SA

31. Keeping Safe: Child Protection Curriculum • Training for teachers is now run by Principals Australia 1 full day ($100) • On-site training is available for schools ($1600) • http://keepingsafe.paivement.com/ • For teachers who have completed the full day course an online update (approx. 1 hour) is now available • http://rantraining.e3learning.com.au/ • Resources available only to those who have completed the full day course and the update Association of Independent Schools of SA

32. Managing Allegations and Incidents

33. Managing allegations and incidents • AISSA notified by SAPOL and Families SA • Not just school incidents • Debelle recommendations • Communications – staff, parents, media • Managing allegations of sexual misconduct Association of Independent Schools of SA

34. Managing Allegations and Incidents Revised 2013 http://www.ais.sa.edu.au/__files/f/172622/Managing%20allegations%20of%20sexual%20misconduct%20in%20SA%20education%20and%20care%20settings.pdf

35. Responding to problem sexual behaviour in children and young people: Guidelines for staff in education and care settings. Revised 2013 http://www.ais.sa.edu.au/__files/f/181371/Responding%20to%20problem%20sexual%20behaviour%20in%20children%20and%20young%20people.pdf

36. Reporting • Child Abuse Report Line 13 14 78 • Online www.reportchildabuse.families.sa.gov.au • Records • Mandated notifiers: change to defence • Reporting to Principal • Counsellors confidentiality Association of Independent Schools of SA

37. Lessons Learned

38. Resources & Support • AISSA - call or contact by email • AISSA website • Handout: support agencies Association of Independent Schools of SA

39. Reflection • What’s working well at your school? • What do you need to audit or rethink? • Staff understanding of their responsibilities to report concerns • Provision of the Child Protection Curriculum • Screening compliance/background checks • Documenting practice/record keeping • Staff understanding of professional boundaries and protective practices; discussions around ‘grey areas’ Association of Independent Schools of SA

40. Reflection • 2. What do you need to audit or rethink? • Knowledge of the Responding Problem Sexual Behaviours Guidelines for sexual incidents between children and young people • Yard duty/Boarding House duties • One to one work involving mentors, boarding tutors, private providers, youth workers, coaches. • Governing council/parent community understanding of professional boundaries • Social Media Guidelines • What else? Association of Independent Schools of SA

41. QUESTIONS Association of Independent Schools of SA

42. The following slides have been adapted from: Managing allegations of sexual misconduct ppt Introduction for site leaders

43. What is the right action? Scenario 1: A parent rings you to say she is grateful for the support a teacher is providing to her daughter with her Yr12 studies. However she’s concerned the support is sometimes given by text message from their personal mobile phone on the weekends. Scenario 2: A staff member shares a concern with you that a co-class teacher appears to be regularly counselling one of the students at the end of the day and sometimes at lunchtime, always in the classroom after other students have left and sometimes with the classroom door closed. Association of Independent Schools of SA

44. What is the right action? Scenario 3: A parent tells the OSHC director that his son says he doesn’t like one of the OSHC staff because they ‘hang onto my waist sometimes when we play touch footy.’ Scenario 4: A child complains to the preschool director that one of the preschool staff stays in the toilet even though she doesn’t want any help. Association of Independent Schools of SA

45. In all cases… • The matter must be raised with the adult concerned • The direction and expectation about future behaviour must be made explicit: • Engage in play with students that does not involve inappropriate touch • Follow the centre’s toilet policy • Only use site approved IT systems for student support • Refer children with counselling needs to appropriate personnel • Do not spend time with students alone • The direction/expectation must be recorded, signed and dated by both the adult and the leader and stored in a confidential file with a copy provided to the adult Association of Independent Schools of SA

46. In all cases… • If the concern is found to be unjustified it is very important this is still recorded, signed, dated and a copy provided to the adult. • The parents and, where appropriate, the child or young adult must be informed of how the matter has been responded to and this action must be outlined on the same record. If it is considered unsafe to speak with parents the reason for this must be included on a record of concern document Association of Independent Schools of SA

47. In some cases… • Following up on a concern – looking at communication between an adult and a student, speaking with the adult concerned, other staff, parents or students – might reveal further information that raises the original concern to a more serious level, or • This may be the second occasion on which you have had concerns raised with you about an adult’s conduct and you may have already given clear direction to them regarding conduct expectations of the same or similar nature. • In cases where you are unsure about the seriousness of the matter, it would be advisable to discuss the facts confidentially (leadership team members, AISSA or seeking legal advice) before determining your next steps. Association of Independent Schools of SA

48. The challenges of addressing concerns • What if … • the adult has made an innocent mistake? • the concern is found to be unjustified? • the adult is angry/devastated/offended that the matter has been raised? • the adult refuses to sign the report? • my working relationship with the adult is compromised? • the child/young person or parent isn’t happy with my action? Association of Independent Schools of SA

49. Having these conversations protects… • Children and young people • Adults who have not understood appropriate boundaries and have no intent to harm children and young people • The parent community’s confidence in the school • The school’s compliance with policies such as Protective Practices • The leader’s integrity and authority • They also deter adults from exploiting their positions in working or volunteering with children and young adults Association of Independent Schools of SA

50. Establishing an ‘aware’ community • Each of the four scenarios involved a concern that was raised with the leader because either a • parent • student or • other adult • knew what to speak up about and felt ‘safe’ to do so. • Of these three groups at your school – which are you most and least confident about in terms of their knowledge and comfort to speak up? Association of Independent Schools of SA