Introduction

Protection for children and young people is based upon the belief that each person has the right to feel safe and that the inherent dignity of all should be recognised and fostered.

EISM staff have a duty of care to students by taking reasonable care to avoid acts or omissions which they can reasonably foresee would be likely to result in harm or injury to the student and to work for the positive wellbeing of the child

Procedures

1. Children, Youth and Families Act 2005 (Vic.)

   1. Mandatory Reporting Mandatory reporting is a legal requirement under the Children, Youth and Families Act 2005 (Vic.) (Act). School personnel mandated under this Act who, in the course of carrying out their duties, form a reasonable belief that a child is in need of protection from physical, emotional, psychological, developmental harm or sexual abuse, and that the child’s parents are unwilling or unable to protect the child, must report that belief to DHHS Child Protection and the grounds for it as soon as possible after forming the belief. Subsequent reports must be made on each occasion on which the mandatory reporter becomes aware of further reasonable grounds for the belief.
   2. Forming a ‘reasonable belief’ When staff are concerned about the safety and wellbeing of a child or young person, they must assess that concern to determine if a report should be made to the relevant agency. This process of considering all relevant information and observations is known as forming a ‘reasonable belief’. A ‘reasonable belief’ is not the same as having proof but is more than rumour or speculation. A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds. For example, a ‘reasonable belief’ might be formed if:
      • a child states that they have been physically or sexually abused
      • a child states that they know someone who has been physically or sexually abused (sometimes the child may be talking about themselves)
      • someone who knows a child states that the child has been physically or sexually abused
      • a child or young person exhibits sexually‐abusive or age‐inappropriate behaviours
      • signs of abuse lead to a belief that the child has been physically or sexually abused.
   3. Types of child abuse and indicators of harm There are many indicators of child abuse and neglect. The presence of indicators does not prove that abuse or neglect has occurred. However, the repeated occurrence of these indicators should alert staff to the possibility of child abuse and neglect. While any indicators of possible child abuse or neglect are concerning, it is important to know which indicators must be reported.

It is mandatory to report concerns relating to:

• • • physical abuse
    • sexual abuse.

While not mandated, making a report to DHHS Child Protection may also be needed for:

• • emotional abuse
  • neglect
  • medical neglect
  • family violence
  • sexual exploitation (including pornography and prostitution)
  • risk‐taking behaviour
  • a child or young person exhibiting sexually‐abusive behaviours.

Child Protection is the Victorian Government Agency, provided by the DHHS, that protects children at risk of significant harm. Child Protection has statutory powers and can use these to protect children.

Child FIRST is the Family Information Referral Support Team run by a registered community service in a local area that can receive confidential referrals about a child of concern. It does not have any statutory powers to protect a child but can refer matters to family services.

Reporting child protection concerns

It is essential to document the concerns and observations which contributed to the suspicion that a child is in need of protection. This information may be gathered over a period of time and should be treated confidentially and held securely.

It is recommended – not, however, a requirement – that concerns and observations regarding suspected physical injury or sexual abuse of a child are discussed with the Executive Officer and to ensure support is provided to all involved in matters of this nature. The confidentiality of these discussions must be maintained.

If more than one mandated reporter has formed a belief about the same child on the same occasion, it is sufficient for one professional to make a report. The other is obliged to ensure the report has been made and that all grounds for their own belief were included in the report made by the other staff member.

If one mandated reporter directs another mandated reporter not to make a report, and the one professional continues to hold the belief that a child is in need of protection, then that professional is legally obliged to make a report to Child Protection.

The mandatory reporter may continue to suspect that a child is at risk and in need of protection. Any further observations should continue to be recorded and a report made on each separate occasion where a belief has been formed, on reasonable grounds, that a child is likely to be at risk and in need of protection. If there is any suspicion that this relates to a sexual offence involving an adult and a child under 16 then it must be reported to the police. Refer to Department of Justice and Regulations – Failure to disclose offence and the Betrayal of Trust: Fact Sheet.

Further information can be found in the School Policy & Advisory Guide on the Victorian State Government website: http://www.education.vic.gov.au/school/principals/spag/safety/Pages/childprotection.aspx