Protecting Children – Reporting and Other Legal Obligations

Policy

The purpose of this policy is to:

• ensure school staff are aware of and comply with their reporting and legal obligations, including mandatory reporting and reportable conduct obligations, to protect the safety and wellbeing of children and young people
• explain the process following a report to Department of Families, Fairness and Housing Child Protection service (Child Protection)
• explain training requirements for school staff.

Note: All references to 'schools' in this guidance includes school boarding premises.

Summary

School staff have a range of reporting and legal obligations to protect children and young people from abuse.

• School staff must be aware of and comply with their legal obligations to report suspected child abuse and provide ongoing appropriate support.
• School staff must follow the Four Critical Actions where there is an incident, disclosure or suspicion of child abuse. The Four Critical Actions outline who an incident, disclosure or suspicion should be reported to.
• When dealing with an incident, disclosure or suspicion of child abuse, staff should ensure that the principal and school leadership team is made aware of the concern and are involved in providing ongoing appropriate support.
• If an incident or allegation involves an employee, volunteer or contractor at the school, staff must also follow the department policy on Reportable Conduct and report the incident to the department's Conduct and Integrity Division on 03 7034 6768.
• Where a school staff member has reported a concern to Child Protection but they continue to have concerns for the child after Child Protection has closed the case, they may escalate the matter through Child Protection complaints management processes or reporting concerns from the principal to their regional area executive director.

Details

School staff have a vital role in protecting children from harm and are well placed to observe signs or behaviours that may indicate risks of child abuse.

School staff must follow the Four Critical Actions as soon as they witness an incident, receive a disclosure, or form a reasonable belief that a child has been abused or is at risk of being abused.

• Four Critical Actions webpage
• Four Critical Actions – A3 printable poster (PDF)

Reporting and legal obligations relating to suspicions, disclosures or incidents of child abuse

School staff have a range of reporting and legal obligations to report suspected child abuse and provide ongoing appropriate support. These are described below.

Child Safe Standards

All schools are required to comply with the Child Safe Standards and Ministerial Order 1359 to create and maintain a child safe organisation where children and young people are protected from abuse.

For information on the Child Safe Standards, refer to Child Safe Standards.

Reportable Conduct Scheme

Principals must notify the Conduct and Integrity Division as soon as possible after becoming aware of an allegation of reportable conduct against a current or former department or school council staff member, contractor or volunteer. This applies regardless of whether the alleged victim is or was a student at the school.

There is an allegation of reportable conduct where a person has a reasonable belief that there has been:

• a sexual offence, sexual misconduct or physical violence committed against, with or in the presence of a child
• behaviour causing significant emotional or psychological harm to a child
• significant neglect of a child or
• misconduct involving any of the above.

All allegations of reportable conduct must be reported to the Employee Conduct Branch. An allegation does not need to be substantiated to be reported.

The department's Conduct and Integrity Division will report allegations of reportable conduct raised against department staff (including contractors, volunteers, allied health workers and other office holders) who are 18 years or over to the Commission for Children and Young People (CCYP).

The contact number for the Conduct and Integrity Division is 03 7034 6768.

For more information, refer to: Reportable Conduct Scheme.

Mandatory reporting

A mandatory reporter must report to Child Protection as soon as practicable if in the course of practising their profession or carrying out their duties, they form a belief on reasonable grounds that:

• a child has suffered, or is likely to suffer, significant harm as a result of physical and/or sexual abuse and
• the child’s parents have not protected or are unlikely to protect the child from harm of that type.

It may be a criminal offence not to report in these circumstances.

Individuals who are required to report:

• Victorian Institute of Teaching (VIT) registered teachers, including principals, and early childhood teachers
• school staff who have been granted permission to teach by the VIT
• registered medical practitioners, nurses and midwives
• police officers
• registered psychologists
• people in religious ministry
• early childhood workers
• youth justice workers
• out-of-home care workers (excluding voluntary foster and kinship carers)
• school counsellors including staff who provide direct support to students for mental, emotional, or psychological wellbeing, including (but not limited to) school health and wellbeing staff, primary welfare officers, student wellbeing coordinators, mental health practitioners, chaplains, and Student Support Services staff.

Criminal offences

Failure to disclose

All adults must report to Victoria Police when they form a reasonable belief that a sexual offence has been committed by an adult against a child under the age of 16.

Failure to disclose the information may be a criminal offence unless there is a ‘reasonable excuse’ or an individual has an 'exemption' from doing so.

If an adult that reasonably believes that a sexual offence has been committed against a child under the age of 16 by another adult, then they must call Victoria Police on 000 or the local police station.

For more information, refer to the Department of Justice and Community Safety website: Failure to disclose offence.

Failure to protect

Principals or school leadership staff who become aware that an adult associated with the school (such as an employee, contractor, volunteer or visitor) poses a risk of sexual abuse to a child under the care of the school (including grooming) must take all reasonable steps to remove or reduce that risk.

This may include removing the adult from child-connected and child-related work pending investigation. Failure to do so may be a criminal offence.

Schools should contact the Conduct and Integrity Division on 03 7034 6768 for advice before removing a person from child connected or child related work.

The obligation to protect a child applies to any staff member in a position of authority (for example principals, assistant principals and campus principals).

For more information, refer to the Department of Justice and Community Safety website: Failure to protect offence.

Duty of care

All school staff have a duty of care to take reasonable steps to protect children in their care from harm that is reasonably foreseeable. In relation to suspected child abuse, reasonable steps may include (but are not limited to):

• acting on concerns and suspicions of abuse as soon as practicable
• seeking appropriate advice or consulting with other professionals or agencies
• reporting the suspected child abuse to appropriate authorities such as Victoria Police and Child Protection (refer to Four Critical Actions)
• arranging counselling and/or other appropriate welfare support for the child
• providing ongoing support to the child and young person
• sharing information with other school staff who will also be responsible for providing ongoing support to the child.

For more information, refer to:

• Duty of Care
• Your reporting and legal obligations (PROTECT)
• Identifying and responding to all forms of abuse in Victorian schools (PDF)
• Child Safe Standard 7: Ensure that processes for complaints and concerns are child focused, refer to:
  • Child Safe Standard 7: Regulations for schools
  • Child Safe Standard 7: Guidance for schools.

Responding to student sexual offending

Guidance for staff on what action to take if you suspect, or are witness to student sexual offending is available at Identify and respond to student sexual offending.

Significant concerns for the wellbeing of a child

All concerns about the wellbeing of a child (or unborn child) should be taken seriously and acted upon.

Any adult can make a referral to Child FIRST and/or The Orange Door if they:

• have a significant concern for a child’s wellbeing
• the issue of concern has a low-to-moderate impact on the child
• the child’s immediate safety is not compromised
• believe that the child and/or family will act on the referral and be supportive of it.

School staff must contact Victoria Police if:

• there is any concern for a child’s immediate safety
• a child is partaking in any risk-taking activity that is illegal and extreme in nature or poses a high risk to the child or any other person.

School staff can contact Child Protection if:

• after consideration of all available information the staff member forms a view that the child is in need of protection and
• the staff member believes that the child’s parents/carers will not be open to support from family services to address their child’s wellbeing.

For further information, refer to: Responding to other concerns about the wellbeing of a child.

For contact details visit:

• Child FIRST and family services
• The Orange Door
• Safe and Equal – for information and guidance to help respond to family violence
• 1800 RESPECT– for family violence victims/survivors to be referred to counselling and information
• Child Protection – visit Making a report to child protection
• Victoria Police – call 000 or the local police station.

Definitions

Definitions related to the Child Safe Standards and Ministerial Order 1359 can be found at: Child Safety: Definitions.

Related policies

• Child Safe Standards
• Duty of Care
• Legal Claims, Subpoenas, Summonses and Other Legal Documents
• Police and DHHS Interviews
• Reportable Conduct Scheme
• Requests for Information about Students
• Risk Management — Schools
• Student Sexual Offending and Problem Sexual Behaviour

Relevant legislation

• Children, Youth and Families Act 2005 (Vic)
• Child Wellbeing and Safety Act 2005 (Vic)
• Crimes Act 1958 (Vic)
• Education and Training Reform Act 2006 (Vic)
• Education and Training Reform Regulations 2017 (Vic)
• Ministerial Order 1359 – Implementing the Child Safe Standards (PDF)

Guidance

This guidance contains the following chapters:

• Recognising different types of child abuse
• Making a report or referral – the Four Critical Actions
• Reporting to Child Protection – process and escalation
• Training requirements

Recognising different types of child abuse

Types of child abuse include:

• physical abuse
• sexual abuse
• grooming
• family violence
• emotional abuse
• neglect.

For information, refer to PROTECT: Identify child abuse.

Making a report or referral – the Four Critical Actions

School staff have a range of reporting and legal obligations to report suspected child abuse and provide ongoing appropriate support. These include:

• Child Safe Standards
• reportable conduct scheme
• mandatory reporting
• criminal offences – failure to disclose and failure to protect
• duty of care
• responding to student sexual offending
• responding to significant concerns for the wellbeing of a child.

These are described in detail on the Policy tab.

School staff must follow the Four Critical Actions when responding to an incident, disclosure or suspicion of child abuse.

Critical Action 1: Responding to an emergency

If there is no risk of immediate harm, go to Critical Action 2.

If a child is at immediate risk of harm school staff must ensure their safety by:

• separating alleged victims and others involved
• administering first aid
• calling 000 for urgent medical and/or police assistance to respond to immediate health or safety concerns
• identifying a contact person at the school for future liaison with police.

School staff may also need to maintain the integrity of the potential crime scene and preserve evidence.

Critical Action 2: Reporting to authorities/referring to services

As soon as immediate health and safety concerns are addressed school staff must report all incidents, suspicions and disclosures of child abuse as soon as practicable. Failure to report physical and sexual child abuse may amount to a criminal offence.

If the source of suspected abuse comes from within the school

Victoria Police

School staff must report all instances of suspected child abuse involving a school staff member, contractor or volunteer to Victoria Police (call 000 or the local police station). School staff must also report internally to:

• school principal and/or leadership team
• Conduct and Integrity Division – 03 7034 6768
• Department of Education and Training Incident Support and Operations Centre – 1800 126 126.

All allegations of ‘reportable conduct’ must be reported as soon as possible to the Employee Conduct Branch – for more information refer to Reportable Conduct. This includes any reportable allegations relating to a staff member, volunteer or contractor regardless of whether the alleged victim is or was a student at the school.

If the source of suspected abuse comes from within the family or community

Child Protection

School staff must report to Child Protection if they form the belief on reasonable grounds that a child is:

• in need of protection from child abuse
• at risk of being harmed (or has been harmed) and the harm has had, or is likely to have, a serious impact on the child’s safety, stability or development and the parents have not protected or are unlikely to protect the child.

Victoria Police

School staff must also report all instances of suspected sexual abuse (including grooming) to Victoria Police (call 000 or the local police station).

School staff must also report internally to:

• school principal and/or leadership team
• department Incident Support and Operations Centre – 1800 126 126.

Other concerns

If you believe that a child is not subject to abuse, but you still hold significant concerns for their wellbeing you must still act. This may include making a report or referral to or seeking advice from:

• Child FIRST or The Orange Door (in circumstances where the school staff member believes the family is open to receiving support)
• Safe and Equal – for information and guidance to help respond to family violence
• family violence victims/survivors can be referred to 1800 Respect for counselling, information and a referral service – 1800 737 732
• Child Protection
• Victoria Police — call 000 or the local police station.

Critical Action 3: contacting parents/carers

The principal must consult with Child Protection or Victoria Police (call 000 or the local police station) to determine what information can be shared with parents/carers. They may advise:

• not to contact the parents/carers (for example, in circumstances where the parents are alleged to have engaged in the abuse, or the child is a mature minor and does not wish for their parent or carer to be contacted)
• to contact the parents/carers and provide agreed information (this must be done as soon as possible, preferably on the same day of the incident, disclosure or suspicion)
• how to communicate with all relevant parties with consideration for their safety.

Where the alleged perpetrator is an adult connected to the school as a volunteer, staff member or contractor, the principal must consider whether there are risks that other students may have been impacted by the abuse. After conducting a risk assessment, it may be necessary to communicate more broadly with the school community. Legal Division can provide further advice about communications.

Critical Action 4: providing ongoing support

The school must provide support for children impacted by abuse. This can include the development of a student support plan in consultation with health and wellbeing professionals. This is an essential part of the school’s duty of care requirements.

Strategies may include development of a safety plan, direct support and referral to health and wellbeing professionals and support services.

Other students at the school may also be impacted by allegations or charges against staff members, volunteers or contractors that have worked at the school. The school needs to provide appropriate referrals or support for those students.

School staff must follow the Four Critical Actions every time they become aware of a further instance or risk of abuse. This includes reporting new information to authorities.

Reporting to Child Protection – process and escalation

Confidentiality and professional protections

The identity of a reporter must remain confidential when making a report unless:

• the reporter chooses to inform the child, young person or parent of the report
• the reporter consents in writing to their identity being disclosed
• a court or tribunal decides that it is necessary for the reporter’s identity to be disclosed to ensure the safety and wellbeing of the child
• a court or tribunal decides that in the interests of justice the evidence needs to be given.

If a report is made in good faith:

• it does not constitute a breach of professional conduct or ethics on the part of the reporter
• the reporter is legally protected in respect of the report.

Intake

When school staff make a report to Department of Families, Fairness and Housing Child Protection (Child Protection), the report will be received by the intake team. Intake determines the appropriate response and provides advice to reporters including advice about where children and families can access support services. Intake will decide whether the report should proceed to referral or investigation.

Investigation

If the report is classified as a protective intervention report and/or a therapeutic treatment report, it will proceed to investigation by Child Protection. An investigation establishes if a child is in need of protection as defined by the law. An investigation involves interviews with the child and parents.

Requests for information

Child Protection, Child FIRST or The Orange Door, and/or Victoria Police may request information from school staff about the child or family to investigate a report and assess the risk or wellbeing concerns of the child.

When sharing information with Child Protection, registered school teachers, principals, kindergarten teachers and any person in charge of an education and care service may disclose information to Child Protection in good faith in accordance with the Children Youth and Families Act 2005. This disclosure of information does not constitute unprofessional conduct or a breach of professional ethics or expose the person to any liability.

For more information refer to the Requests for Information about Students policy.

Interviews

As part of an investigation, Child Protection and/or Victoria Police may conduct interviews of children at the school without the parent/carer’s knowledge or consent. Child Protection would only interview children at school where it is in the best interests of the child.

For policy and guidance on police and Child Protection interviews at school, refer to Police and Child Protection Interviews.

Decision

After an investigation has been undertaken, Child Protection will decide whether the report has been substantiated and protective intervention is required.

Witness summons

If Child Protection makes a protection application in the Children's Court, school staff might be required to produce documents or give evidence in court if requested. This is called a subpoena or a witness summons. Refer to Legal Claims, Subpoenas, Summonses and Other Legal Documents.

Protection order phase

If the court finds that the child is in need of protection and that an order is required to promote the child’s ongoing safety and development, they will grant a protection order.

The primary role of the Child Protection practitioner during this phase is to administer the protection order made by the Children’s Court and continue to engage with the child and family to address the protective concerns.

Support for the child or young person

Before, during, and after the Child Protection process, school staff must provide ongoing support for children impacted by abuse. School staff can support students by:

• developing a student support plan in consultation with health and wellbeing professionals
• acting as a support person for the child
• attending Child Protection case planning meetings
• observing and monitoring the child’s behaviour
• referring to and/or liaising with health and wellbeing professionals.

Escalating concerns

Where a school staff member continues to have concerns about a child after Child Protection has closed the case, the school can escalate the matter by:

• using Child Protection’s complaints management process
• escalating concerns from the principal to their regional area executive director. The area executive director can then share this information with their counterpart at Child Protection.

Training requirements

Child Safe Standards training

The department has developed training resources for schools to train staff, volunteers and school councils on the Child Safe Standards and Ministerial Order 1359.

Mandatory reporting training

School staff can use the Protecting children – Mandatory reporting and other obligations e-learning module to learn how to protect the safety and wellbeing of children and young people. This module is available on LearnED which is accessed through eduPay (staff login required – type ‘child protection’ or ‘protecting children’ into the search function on LearnED).

Requirements – school staff

School staff who are:

• mandatory reporters must complete the module once per calendar year
• not mandatory reporters are strongly encouraged to complete the module once per calendar year.

Requirements – region and area staff

Department staff who:

• are mandatory reporters must undertake the training once per calendar year
• have roles that engage with students or provide advice to schools about mandatory reporting or child safety are strongly encouraged to undertake the training once per calendar year.

Accessing 'Protecting Children' e-learn module

The Protecting children – Mandatory reporting and other obligations e-learning module is available on LearnED, which is accessed through eduPay (staff login required).

Government school staff who are mandatory reporters are automatically enrolled into this course.

Alternatively, all staff can login to eduPay and search for 'Protecting Children' and self-enrol.

Staff can generate their certificate of completion in eduPay by selecting: 'My Learning > History > Select Course > Print'. This certificate will remain part of your learning record on eduPay.

For further advice refer to Online learning for schools.

Resources

Training materials

• Child Safe Standards training presentations for staff, volunteers and school councils
• Protecting children – Mandatory reporting and other obligations e-learning module – for school staff to learn how to protect the safety and wellbeing of children and young people. This module is available on LearnED which is accessed through eduPay (staff login required – type ‘child protection’ into the search function on LearnED)
• Resources to support staff to identify inappropriate staff conduct including grooming. These case studies can be used in all-staff or sub-school team meetings, for example, to help staff understand how to identify potential grooming behaviours and the steps they need to take to report concerning behaviours:
  • Child safety case study - staff conduct (secondary school context) (DOCX) (staff login required)
  • Child safety case study - staff conduct (primary school context) (DOCX) (staff login required)

Templates

Child safety responding and reporting obligation policy and procedures template (School Policy Templates Portal — staff login required)

Report abuse if you’re a current or former student

For information for members of the public about how to report abuse to the department, and options and supports available to victim-survivors, refer to: Report abuse if you’re a current or former student.

Useful department websites

PROTECT – Guidance to assist schools to fulfil their obligations under Ministerial Order 1359. This includes links to the following pages and resources referenced in the Protecting Children – Reporting and Other Legal Obligations policy:

• Four Critical Actions for responding to incidents, disclosures and suspicions of child abuse
• Four Critical Actions – A3 printable poster (PDF) – we recommend that this resource be displayed in a prominent position for all staff members to access
• Identify child abuse
• Identify and respond to student sexual offending
• Responding to other concerns about the wellbeing of a child
• Recording your actions: responding to suspected child abuse (template) (PDF)

External websites

• Commission for Children and Young People – an independent statutory body that promotes improvement in policies and practices affecting the safety and wellbeing of Victorian children and young people. The Commission provides advice on the Child Safe Standards and Reportable Conduct Scheme.
• Department of Families, Fairness and Housing – contains essential information about making a report to child protection.
• Department of Justice and Community Safety – provides information on protecting children and families, including details of the failure to disclose offence.
• The Orange Door – a free service for adults, children and young people who are experiencing or have experienced family violence and families who need extra support with the care of children.