How to comply with the Child Safe Standards?

Webinar Session 2

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Please Note: Today’s presentation is being recorded.

Your presenters

Catherine Brooks - Principal at Moores

Patrick Moriarty – Exec Director - Our Community

Natalie Egleton

Patrick Moriarty

Bron Belcher

Well be covering• Reporting Obligations• Tips and Advice on implementing the new Child Safe StandardsWhere can we go for help

In the Previous session (you should have received a link to the recording)We’ll be covering:• Why do we need the Child Safe Standards• What are the standards

This Session

Reporting obligations

Children Youth and Families Act 2005 (VIC) -Discretion to report child abuse Any person who believes on reasonable grounds that a child is in need of protection may report to DHHS or the Police that belief and the reasonable grounds for it.

When is a child in need of protection? - The child has been abandoned (and no parent or suitable

carer can be found)- The child has suffered, or is likely to suffer, significant

harm as a result of:• Physical injury;• Sexual abuse; • Emotional or psychological harm (that is likely to significantly

damage their emotional or intellectual development); or• Failing to provide, arrange or allow basic care (medical, surgical

or remedial); andThe child’s parents have not protected, or are unlikely to protect, the child from that harm.

Children Youth and Families Act 2005 (VIC) –mandatory reporting

- Mandatory reporters must report to DHHS if, in the course of carrying out their duties, they form the belief on reasonable grounds that a child is in need of protection because the child has suffered (or is likely to suffer) significant harm as a result of physical injury or sexual abuse.

- Mandatory reporters include teachers, principals, doctors, nurses (including midwives), and police.

- Penalty: fine of $1,554.60

Children Youth and Families Act 2005 (VIC)- Reporters (voluntary or mandatory) are protected- Reporting cannot constitute unprofessional conduct (if

made in good faith)- Reporter not subject to any liability- May be required to give evidence in a legal proceeding

Crimes Act - Failure to discloseThe law states that all adults must report to police: • any reasonable belief that a sexual offence has been

committed • by another adult (over 18)• against a child under the age of 16unless there is a reasonable excuse or an exemption applies

Maximum penalty is 3 years imprisonment.

Failure to disclose

Example:Minh is a volunteer coach at a local football/netball club

One of her players is a 15 year student. Tam, discloses to her that she is in a sexual relationship with a 19 year old boyfriend.

Is Minh required to report this?

Crimes Act - Failure to protect offence• The offence of failing to protect a child from sexual abuse applies

to people within organisations if:- they hold a position of authority within a relevant

organisation that works with children- they know of a substantial risk another adult associated

with the organisation may commit a sex offence against a child under 16 within the organisation’s care

- they have the power or responsibility to remove or reduce that risk

BUT they negligently fail to do so.Maximum penalty is 5 years imprisonment

Failure to protectWhen is someone associated with an organisation?

Does NOT include a person solely because that person receives services from the organisation

CEO/Owner / Director/ Principal

Manager

Employee

Person accessing service

Contractor

Team Leader/Coach/ Team Manager

Volunteer Agent

Failure to protect

Who is a person in a position of authority?Board and Board Members

CEO/Owner / Director / Principal

Manager

Employee Contractor

Team Leader/Coach

Volunteer supervisor Agent

Failure to protectExampleJennifer is a manager at a local health service in metropolitan Melbourne. One of the workers approaches her to advise that a volunteer was observed behaving in an inappropriate sexual manner with one of the children at the organisation.

Jennifer advises the volunteer that he is no longer required at the organisation.

What offences may be considered against Jennifer?

Group discussion

• What is your organisation doing well to meet the standards?

• What is your biggest challenge?• What are your key takeaway messages from today? • What does your organisation need to do to meet the child

safe standards?

To ensure compliance with the law and protection of children within the care of your organisation, you must:§ Implement a child-safe policy or statement of commitment to child

safety;§ Put in place strategies to promote the participation and empowerment

of children;§ Put in place a code of conduct that establishes clear expectations for

appropriate behaviour with children;§ Create and embed screening, supervision, training and other human

resources practices that reduce the risk of child abuse by new and existing personnel;

§ Put in place strategies for identifying and reducing or removing risks of child abuse; and

§ Codify mandatory and voluntary processes for responding to and reporting suspected child abuse.

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Tips and Tricks• Leadership starts from the top – Boards (and Chairs in particular) need to

drive the culture• If your a manager/worker/volunteer why not prepare a briefing paper for

your board on what the standards mean for the organisation• It’s not about adding more to the burden of volunteers – it’s about keeping

our children safe and feeling valued• You don’t need to reinvent the wheel – look for templates and tools or

discuss with peak bodies or local references (schools, other similar organisations – partner)

• Use your public forums to talk about what is happening – AGM, Websites, Blogs, Annual Reports, Newsletters, Sign Up Days etc)

• You don’t need 4 codes of conduct for each component of your organisation – have one all encompassing one

• Use your entrances to post age appropriate “posters” about child safety

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Questions

Disclaimer: This presentation and any related materials are for training, educational and general information purposes only and should not be relied on as (or in substitution for) legal, accounting, financial or other professional advice.Note: All MOORES Presentations are copyright and are only made available on condition that the copyright will be respected.

Conclusion

• The Commission for Children and Young People is responsible for helping organisations develop their processes for understanding and meeting the Standards.

• The Commission is working in partnership with government agencies, peak bodies as well as industry and sector leaders to build capacity of organisations.

• The Commission has developed a range of resources and tools including: - A guide for creating a child safe organisation- Tip sheets for organisations- Tip sheets for parents and carers- These can be accessed via the Commission’s website at

http://www.ccyp.vic.gov.au/child-safe-standards.htm .

Where can I get more information?

Where can I get help?§ Check out the Free Toolkit at

www.ourcommunity.com.au/childprotectiontoolkit§ Sign up to receive Moores’ For the Cause blog update and/or Our

Community’s Our Community Matters e-newsletter – both publications contain regular updates about legal and other changes affecting Australian not-for-profit organisations and schools;

§ NFP ASSIST - by attending you are eligible to access free legal advice until Jan 1 2017 by contacting Moores NFP Assist (A Legal Advice Line) - call (03) 9843 2119 (NOTE: These are only for calls of a legal nature if you have general enquiries call the Commission for Children and Young People)