Protecting children policy

All children have a right to feel and be safe.

Early Learning Victoria must, by law, protect children from harm and abuse and promote a safe learning environment. This is also part of our ‘duty of care’.

Educators play a vital role in this. Educators respond to and report any incidents, or statements about possible abuse. They take immediate action when they have a reasonable belief that a child has been harmed or abused.

Early Learning Victoria staff are all trained to recognise risks to child safety and wellbeing. They know how to spot signs and behaviours that might suggest that a child has faced abuse or harm. They also know the steps to take to stop abuse and keep children safe.

1. Scope

This policy applies to children, families, staff, management and visitors of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour hire employees of Early Learning Victoria.

2. Policy statement

Early Learning Victoria is committed to providing an environment where children are safe and protected.

This policy describes the key child protection schemes, policies, acts, laws and regulations.

We ensure all centre staff, Early Learning Victoria management, volunteers and students know and follow their reporting and legal duties to protect children from harm and abuse.

This includes their duty to:

• identify and report child abuse and family violence outside of Early Learning Victoria and in the community
• identify, report and protect children at Early Learning Victoria centres from abuse or harm (see the Child safety and wellbeing policy).

Staff, management, volunteers and students must also know and follow processes for:

• responding to reasonable beliefs or disclosures of child abuse
• receiving disclosures
• supporting children and families
• modelling child-safe practices (see the Child safe code of conduct).

This policy typically refers to the protection of children from abuse and harm outside an Early Learning Victoria centre, in the community or from a person not employed by Early Learning Victoria.

2.1 Requirements

Early Learning Victoria staff play a vital role in protecting children from harm. They are well placed to observe signs or behaviours that may indicate child abuse.

Early Learning Victoria staff must follow this policy and the Protecting children and mandatory reporting procedure if they:

• witness an incident
• receive a disclosure (are told about possible abuse)
• form a reasonable belief that a child has been abused or is at risk of being abused.

Mandatory reporting

Mandatory reporting in child protection usually means noticing and acting on suspected abuse or harm. This includes suspected abuse or harm of children at home or in the community.

All Early Learning Victoria staff are ‘mandatory reporters’. These are people who must, by law, report suspected abuse or harm of children to The Victorian Child Protection Services, Victoria Police or other relevant agency.

The Victorian Child Protection Service is operated by the Department of Families, Fairness and Housing and supports children and young people at risk where families are unable to protect them.

Early Learning Victoria strongly encourages all staff members, visitors and volunteers to know the signs and make a report if they believe, on reasonable grounds, that a child needs protection. This could be from physical injury or from sexual abuse.

Mandatory reporters must report to a member of the Early Learning Victoria centre leadership team. They can report directly to Child Protection or Victoria Police if, during the course of their work, they form a belief on reasonable grounds that a child needs protection.

If an Early Learning Victoria staff member forms a reasonable belief that a child needs protection, a report must be made as soon as possible.

Reasonable grounds

What is ‘belief on reasonable grounds’?

Can you imagine an ordinary person in the same situation as you forming the same belief? This is ‘belief on reasonable grounds’.

For example, there may be reasonable grounds when:

• a child states they have been physically or sexually abused
• a child states they know someone who has been physical or sexually abused (sometimes the child may be talking about themselves)
• someone who knows the child states the child has been physically or sexually abused
• the child’s behaviour or development suggest the child has been abused or is likely to be abused (professionals are often in the best position to notice this)
• signs of physical or sexual abuse lead to a belief the child has been abused.

A child may need protection if they have faced serious harm or are at risk of it. This is especially true if their parents or caregivers have not protected, or are unlikely to protect them, from that harm.

Significant harm may relate to:

• physical injury
• sexual abuse
• emotional or intellectual development
• physical development or health
• abandonment or parental incapacity.

It is important to understand that not reporting in these situations may be a crime.

The Orange Door

Early Learning Victoria staff who have serious concerns can also get in touch with The Orange Door. This is a free service that links children, adults and families to the right help.

Note, reporting to The Orange Door may be appropriate only if the child is not facing immediate risk.

Early Learning Victoria staff can get information, share information or talk with staff at The Orange Door. This can help them find the right place to refer children or their families.

The Orange Door helps people facing violence, as well as those using violence. It can assess concerns and may discuss them with Child Protection if required.

The Orange Door can also connect people to a local network of family, family violence and Aboriginal services.

There are better outcomes when families are involved in the referral process. Talking to families about the benefits of Orange door support will maximise their engagement. This may not always be possible.

Referring to The Orange Door may be appropriate where families are:

• facing significant parenting problems that may be affecting the child’s development
• experiencing family conflict, including family breakdown
• under pressure due to a family member’s physical or mental illness, substance abuse, disability or bereavement (grieving a death)
• young, isolated or unsupported
• experiencing significant social or economic challenges that may be affecting a child’s care or growth.

Before contacting The Orange Door, educators should talk about their concerns with the nominated supervisor. If support is needed, the nominated supervisor should then talk to their area manager.

After this, the nominated supervisor can talk to the family about Orange Door support services. They should be clear and open about their concerns for their child’s wellbeing. This talk should only happen if it does not put the child at risk.

Making additional reports

Early Learning Victoria staff must make a new report to the Victorian Child protection services if they learn of further information. (That is, new information that, on reasonable grounds, suggests the child may need protection.)

This is because every report is critical. It can help to build evidence and allow Child Protection or Victoria Police to better understand what may be happening, and the risks.

Early Learning Victoria staff must make a report to protect a child, even if they are aware that:

• Child Protection or Victoria Police have been involved or are already involved with the child and/or their family
• someone else, like a family member, has already raised concerns with the relevant authorities.

The report should have full details of the incident, disclosure and/or suspicion of child abuse. This includes:

• date, time and place of the incident or incidents
• full names of the child or children
• children’s dates of birth
• full names of witnesses
• full names of the person or people subject to the allegation.

It should also include:

• an outline of the actions the centre and educator have taken to date
• details of who the incident, disclosure and/or suspicion has been previously reported to
• who is investigating the matter (including their name, position and phone number).

Education and Care Services National Law Act 2010 and Education and Care Services National Regulations

The National Law is the Australian standard for children’s education and care. It is supported by Regulations that detail what is required to run an education and care service.

Under the National Law and Regulations, services must take all reasonable steps to protect children from harm or hazards likely to cause injury.

The Regulations also mean that all Early Learning Victoria staff members, students and volunteers must be aware of their obligations under the current child protection law.

Any alleged breach of the National Law and Regulations, or allegations that children’s safety or wellbeing has been impacted, must be reported to the Early Learning Victoria centre management team. The Regulatory Authority must also be notified.

The Social Services Regulator

The Social Services Regulator oversees the Child Safe Standards and the Reportable Conduct Scheme.

To meet the Child Safe Standards, organisations providing services must have policies, procedures and practices that keep children safe. These should also promote a culture of child safety.

The Child Safe Standards mean organisations must have prevention systems in place to protect children from risk. This includes any risk the organisation itself presents for children.

The Social Services Regulator also administers the Reportable Conduct Scheme (see the Child safety and wellbeing policy).

Duty of care

Duty of care is a legal obligation. It means all Early Learning Victoria staff must avoid action (or failures to take action) that could foreseeably harm another person.

In relation to protecting children who attend Early Learning Victoria centres, this may include (but is 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 authorities, such as Victoria Police and Child Protection
• arranging counselling and/or other appropriate welfare for the child
• providing ongoing support to the child
• sharing information with school staff who will also be responsible for providing ongoing support to the child.

For more information about how Early Learning Victoria staff can maintain their duty of care, see the Protecting children and mandatory reporting procedure.

Child information sharing and privacy

There are 3 interrelated information-sharing schemes and frameworks. These allow professionals working with children to share information to:

• promote the wellbeing or safety of children
• make it easier to assess and manage family violence risk to children and adults.

They are:

• Child Information Sharing Scheme
• Family Violence Information Sharing Scheme
• Multi-Agency Risk Assessment and Management Framework.

For more information about how Early Learning Victoria staff can work within the child information sharing schemes, see the Child and family violence information sharing policy.

Record-keeping requirements

Early Learning Victoria staff must keep clear, detailed notes about any concerns, incidents, disclosures or allegations of child abuse or grooming.

Provide as much information as possible. Include dates, times, locations, full names of any witnesses and the full names and dates of birth of children involved. Also include the full name of the person or people who are the subject of the allegation.

Records of the reporting and investigation of child sexual abuse incidents, allegations and disclosures, including those not proven, must be kept for 99 years after the action is completed.

Early Learning Victoria centre staff and Early Learning Victoria management must not throw out or destroy records relating to child sexual abuse incidents, allegations and disclosures without first consulting with the Knowledge, Privacy and Records Division of the Department of Education (the department).

3. Actions

3.1 What families can do to protect children

Adults play a critical role in protecting children from harm. Families have the main responsibility for protecting and caring for their children. This includes supporting them to develop their skills to build relationships that are safe and respectful.

Families also play a critical role in identifying and responding to suspected abuse in the community.

They can help to protect children by:

• contacting or visiting local Victoria Police immediately if they believe their child has been abused or is at risk of being abused (call 000 immediately in an emergency)
• reporting concerns to Victoria Police if they form a reasonable belief that any child under 16 years of age has been or is being sexually abused by an adult.

Note that any adult may face criminal charges if they believe another adult has committed a sexual offence against a child under 16 years of age and does not report this information to Victoria Police. For more information, parents can discuss concerns with their centre director or visit Child Protection.

3.2 Responsibilities of staff

All centre staff and Early Learning Victoria management must know their obligations of duty of care and implement the Protecting children and mandatory reporting procedure.

Educators and the nominated supervisor

Educators and the nominated supervisor have legal obligations to protect children. If you see something, you must say something. Educators and nominated supervisors must:

• act on concerns quickly and in the child’s best interest
• take actions to protect the safety, health and wellbeing of children in their care
• seek appropriate advice, or consult when unsure, with their nominated supervisor and Early Learning Victoria management
• make notes about any developmental concerns, including any that relate to a child’s behaviour as a part of the learning documentation
• make detailed notes of any specific event or concern that a child is at risk
• report concerns to authorities, including Child Protection, Victoria Police and the Social Services Regulator
• follow the Protecting children and mandatory reporting procedure and the Four Critical Actions for early childhood for any disclosure of harm or abuse as soon as possible
• provide ongoing support to a child and their family as needed, including referral to The Orange Door if appropriate
• share information, when asked, to help Child Protection or Victoria Police to protect and/or promote the wellbeing and development of a child
• complete the department’s mandatory online training – Protecting Children: Mandatory Reporting and Other Obligations Training (PROTECT)
• take actions to promote the welfare, safety and wellbeing of children at the centre at all times
• recognise and act on signs of abuse, neglect and harm.

Failing to act as a reasonable or diligent person would in the same situation may lead to a breach in duty of care obligations (see ‘Duty of care’ above).