Understanding your obligations
ritical Information
As members of our community, we all have a moral obligation to protect any child under our care and supervision from foreseeable harm.
As school staff members, you play an especially critical role in protecting children (including identifying, responding and reporting child abuse) and must meet a range of legal obligations to do so.
The easiest way to comply with your legal and moral obligations is to remember that you must report any reasonable suspicion that a child has been abused, or is at risk of being abused.
This includes abuse that has, or is suspected to have, taken place within or outside of school grounds and hours.
- All school staff members have a moral and legal obligation and a Duty of Care to protect any child under their care from foreseeable harm (not just staff who are classified as mandatory reporters).
- As a school staff member, you must respond to any reasonable suspicion that a child has been, or is at risk of being abused by following the Four Critical Actions for Schools: Responding to Incidents, Disclosures or Suspicions of Child Abuse.
- Recent changes to Victorian legislation create additional legal obligations in relation to reporting suspected sexual child abuse. Failing to meet these obligations can constitute a criminal offence, including a:
- failure to disclose a sexual offence
- failure to protect a child (where it is known that a person associated with their organisation poses a substantial risk of sexually abusing children).
As members of our community, we all have a moral obligation to protect any child under our care and supervision from foreseeable harm.
As school staff members, you play an especially critical role in protecting children (including identifying, responding and reporting child abuse) and must meet a range of legal obligations to do so.
The easiest way to comply with your legal and moral obligations is to remember that you must report any reasonable suspicion that a child has been abused, or is at risk of being abused.
This includes abuse that has, or is suspected to have, taken place within or outside of school grounds and hours.
Responding to Incidents, Disclosures and Suspicions of Child Abuse
All staff members of Beaufort Primary School will implement the four critical actions set out below.
However, all staff members are advised to notify the Principal (or nominee) if they have formed a belief about child abuse and therefore are obligated to make a report. All staff members will be supported through this process by the Principal (or nominee).
YOU MUST TAKE ACTION
As a school staff member, you play a critical role in protecting children in your care.
* A reasonable belief is a deliberately low threshold. This enables authorities to investigate and take action
ACTION 1: Responding to an emergency
If there is no risk of immediate harm go to ACTION 2.
If a child is at immediate risk of harm you must ensure their safety by:
Action 2: reporting to authorities
As soon as immediate health and safety concerns are addressed you must report all incidents, suspicions and disclosures of child abuse as soon as possible. Failure to report physical and sexual child abuse may amount to a criminal offence.
If the source of suspected abuse is from within the school:
Victoria Police
You must report all instances of suspected child abuse involving a school staff member, contractor or volunteer to Victoria Police.
You must also report internally to:
If the source of suspected abuse is from within the family or community
DHHS CHILD PROTECTION
You must report to DHHS Child Protection if a child is considered to be:
You must also report all instances of suspected sexual abuse (including grooming) to Victoria Police.
You must also report internally to:
ACTION 3: CONTACTING PARENTS/CARERS
Your Principal must consult with DHHS Child Protection or Victoria Police to determine what information can be shared with parents/carers. They may advise:
ACTION 4: PROVIDING ONGOING SUPPORT
Your school must provide support for children impacted by abuse. This should include the development of a Student Support Plan in consultation with wellbeing professionals. This is an essential part of your duty of care requirements.
Strategies may include development of a safety plan, direct support and referral to wellbeing professionals etc.
You must follow the Four Critical Actions every time you become aware of a further instance or risk of abuse. This includes reporting new information to authorities.
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 referral or seeking advice from Child FIRST (in circumstances where the family are open to receiving support), or to DHHS Child Protection or Victoria Police.
However, all staff members are advised to notify the Principal (or nominee) if they have formed a belief about child abuse and therefore are obligated to make a report. All staff members will be supported through this process by the Principal (or nominee).
YOU MUST TAKE ACTION
As a school staff member, you play a critical role in protecting children in your care.
* A reasonable belief is a deliberately low threshold. This enables authorities to investigate and take action
- You must act, by following the 4 critical actions, as soon as you witness an incident, receive a disclosure or form a reasonable belief that a child has, or is at risk of being abused.
- You must act if you form a suspicion/reasonable belief, even if you are unsure and have not directly observed child abuse (e.g. if the victim or another person tells you about the abuse).
- You must use the Responding to Suspected Child Abuse template to keep clear and comprehensive notes.
ACTION 1: Responding to an emergency
If there is no risk of immediate harm go to ACTION 2.
If a child is at immediate risk of harm you 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.
Action 2: reporting to authorities
As soon as immediate health and safety concerns are addressed you must report all incidents, suspicions and disclosures of child abuse as soon as possible. Failure to report physical and sexual child abuse may amount to a criminal offence.
If the source of suspected abuse is from within the school:
Victoria Police
You must report all instances of suspected child abuse involving a school staff member, contractor or volunteer to Victoria Police.
You must also report internally to:
- School Principal, Assistant Principal and/or leadership team
- Employee Conduct Branch
- DET Security Services Unit
If the source of suspected abuse is from within the family or community
DHHS CHILD PROTECTION
You must report to DHHS Child Protection if a child is considered to be:
- 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.
You must also report all instances of suspected sexual abuse (including grooming) to Victoria Police.
You must also report internally to:
- School Principal, Assistant Principal and/or leadership team
- DET Security Services Unit
ACTION 3: CONTACTING PARENTS/CARERS
Your Principal must consult with DHHS Child Protection or Victoria Police to determine what information can be shared with parents/carers. They may advise:
- not to contact the parents/carers (e.g. 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 parents/carers 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).
ACTION 4: PROVIDING ONGOING SUPPORT
Your school must provide support for children impacted by abuse. This should include the development of a Student Support Plan in consultation with wellbeing professionals. This is an essential part of your duty of care requirements.
Strategies may include development of a safety plan, direct support and referral to wellbeing professionals etc.
You must follow the Four Critical Actions every time you become aware of a further instance or risk of abuse. This includes reporting new information to authorities.
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 referral or seeking advice from Child FIRST (in circumstances where the family are open to receiving support), or to DHHS Child Protection or Victoria Police.
CONTACTS
DHHS CHILD PROTECTION General intake 1800 000 551 West Division (Rural) 1800 075 599 Horsham Office (03) 5381 9777 AFTER HOURS After hours, weekends, public holidays 13 12 78 CHILD FIRST www.dhs.vic.gov.au VICTORIA POLICE 000 or contact your local police station DET SECURITY SERVICES UNIT (03) 9589 6266 STUDENT INCIDENT AND RECOVERY UNIT (03) 9637 2934 EMPLOYEE CONDUCT BRANCH (03) 9637 2595 |