Child Safety PolicyJuly 2016Date of next major review: Annually in FebruaryContents1. Introduction ................................................................................................................................... 32. Purpose of the Policy .......................................................................3. Principles ......................................................................................... 4. Definitions used in this Policy .......................................................... 5. Policy Commitments ....................................................................... 6. Responsibilities and Organisational Arrangements .........................6.1 Guide to Responsibilities of School Leadership ..................... 6.2 Guide to Responsibilities of School Staff ............................... 6.3 Organisational Arrangements ................................................ 7. Expectation of our School Staff – Child Safety Code of Conduct ..... 8. Student Safety and Participation ..................................................... 9. Reporting and Responding .............................................................. 10. Screening and Recruitment of School Staff ..................................... 11. Child Safety – Education and Training for School Staff ................... 12. Risk Management ............................................................................ 13. Relevant Legislation ........................................................................ 14. Related Policies ............................................................................... 14.1 Catholic Education Melbourne Policies ................................. 14.2 School Policies ....................................................................... 15. Breach of Policy ..............................................................................16. Review of this Child Safety Policy .................................................... .17. References ......................................................................................
1. IntroductionAt St Theresa’s School we hold the care, safety and wellbeing of children and young people as acentral and fundamental responsibility of our school. Our commitment is drawn from and inherentin the teaching and mission of Jesus Christ, with love, justice and the sanctity of each human personat the heart of the gospel.The person of each individual human being, in his or her material and spiritual needs, is at the heart ofChrist’s teaching: that is why the promotion of the human person is the goal of the Catholic school(Congregation for Catholic Education 1997, n. 9).2. Purpose of the PolicyThe purpose of this policy is to demonstrate the strong commitment of St Theresa’s School to the care, safetyand wellbeing of all students at our school. It provides an outline of the policies, procedures and strategiesdeveloped to keep students safe from harm, including all forms of abuse in our school environment, oncampus, online and in other locations provided by the school.This policy takes into account relevant legislative requirements within the state of Victoria, including thespecific requirements of the Victorian Child Safe Standards as set out in Ministerial Order No. 870.This policy applies to school staff, including school employees, volunteers, contractors and clergy.3. PrinciplesCatholic schools have a moral, legal and mission-driven responsibility to create nurturing schoolenvironments where children and young people are respected, their voices are heard and they aresafe and feel safe (CECV Commitment Statement to Child Safety).The following principles underpin our commitment to child safety at St Theresa’s School• All students deserve, as a fundamental right, safety and protection from all forms of abuse andneglect.• Our school works in partnership with families and the community to ensure that they areengaged in decision-making processes, particularly those that have an impact on child safety andprotection.• All students have the right to a thorough and systematic education in all aspects of personalsafety, in partnership with their parents/guardians/caregivers.• All adults in our school, including teaching and non-teaching staff, clergy, volunteers, andcontractors, have a responsibility to care for children and young people, to positively promotetheir wellbeing and to protect them from any kind of harm or abuse.• The policies, guidelines and codes of conduct for the care, wellbeing and protection ofstudents are based on honest, respectful and trusting relationships between adults andchildren and young people.• Policies and practices demonstrate compliance with legislative requirements and cooperationwith the Church, governments, the police and human services agencies.• All persons involved in situations where harm is suspected or disclosed must be treatedwith sensitivity, dignity and respect.• Staff, clergy, volunteers, contractors, parents and students should feel free to raise concernsabout child safety, knowing these will be taken seriously by school leadership.• Appropriate confidentiality will be maintained, with information being provided to those whohave a right or a need to be informed, either legally or pastorally.4. Definitions used in this PolicyChild: A child or a young person enrolled as a student at the school.Child abuse includes:(a) any act committed against a child involving:(i) a sexual offence(ii) an offence under section 49B(2) of the Crimes Act 1958 (grooming)(b) the infliction, on a child, of:(i) physical violence(ii) serious emotional or psychological harm(c) serious neglect of a child. (Ministerial Order No. 870)Child safety encompasses matters related to protecting all children from child abuse, managing therisk of child abuse, providing support to a child at risk of child abuse, and responding to incidents orallegations of child abuse. (Ministerial Order No. 870)Child neglect: The failure by a parent or caregiver to provide a child (where they are in a position todo so) with the conditions that are culturally accepted as being essential for their physical andemotional development and wellbeing. (Safe Schools Hub)Child physical abuse: Generally, child physical abuse refers to the non-accidental use of physicalforce against a child that results in harm to the child. Physically abusive behaviours include shoving,hitting, slapping, shaking, throwing, punching, kicking, biting, burning, strangling and poisoning. Thefabrication or induction of an illness by a parent or carer (previously known as Munchausensyndrome by proxy) is also considered physically abusive behaviour. (Safe Schools Hub)Child protection: Statutory services designed to protect children who are at risk of serious harm.(Safe Schools Hub)Child sexual abuse: Any sexual activity between a child under the age of consent (16) and an adult orolder person (i.e. a person five or more years older than the victim) is child sexual abuse.Child sexual abuse can also be:• any sexual behaviour between a child and an adult in a position of power or authority over them(e.g. a teacher); the age of consent laws do not apply in such instances due to the strongimbalance of power that exists between young people and authority figures, as well as thebreaching of both personal and public trust that occurs when professional boundaries areviolated• any sexual behaviour between a child and an adult family member, regardless of issues ofconsent, equality or coercion• sexual activity between peers that is non-consensual or involves the use of power or coercion• non-consensual sexual activity between minors (e.g. a 14-year-old and an 11-year-old), or anysexual behaviour between a child and another child or adolescent who, due to their age or stageof development, is in a position of power, trust or responsibility over the victim. Sexual activitybetween adolescents at a similar developmental level is not considered abuse. (Safe SchoolsHub)Mandatory Reporting: The legal requirement to report suspected cases of child abuse and neglect isknown as mandatory reporting. Mandated persons include teachers, nurses, police, psychologists,psychiatrists and medical practitioners. (Safe Schools Hub)Reasonable Belief: When staff are concerned about the safety and wellbeing of a child or youngperson, they must assess that concern to determine if a report should be made to the relevantagency. This process of considering all relevant information and observations is known as forming a‘reasonable belief’. A ‘reasonable belief’ or a ‘belief on reasonable grounds’ is not the same ashaving proof but is more than mere rumour or speculation. A ‘reasonable belief’ is formed if areasonable person in the same position would have formed the belief on the same grounds.School environment means any physical or virtual place made available or authorised by the schoolgoverning authority for use by a child during or outside school hours, including:(a) a campus of the school(b) online school environments (including email and intranet systems)(c) other locations provided by the school for a child’s use (including, without limitation, locationsused for school camps, sporting events, excursions, competitions, and other events). (MinisterialOrder No. 870)School staff means an individual working in a school environment who is:(a) directly engaged or employed by a school governing authority(b) a volunteer or a contracted service provider (whether or not a body corporate or any otherperson is an intermediary)(c) a minister of religion. (Ministerial Order No. 870)5. Policy CommitmentsAll students enrolled at St Theresa’s School have the right to feel safe and be safe. The wellbeing of childrenin our care will always be our first priority and we do not and will not tolerate child abuse. We aim to createa child-safe and child-friendly environment where children are free to enjoy life to the full without anyconcern for their safety. There is particular attention paid to the most vulnerable children, includingAboriginal and Torres Strait Islander children, children from culturally and/or linguistically diversebackgrounds, and children with a disability.Our commitment to our students(a) We commit to the safety and wellbeing of all children and young people enrolled in ourschool.(b) We commit to providing children and young people with positive and nurturingexperiences.(c) We commit to listening to children and young people and empowering them by takingtheir views seriously, and addressing any concerns that they raise with us.(d) We commit to taking action to ensure that children and young people are protected fromabuse or harm.(e) We commit to teaching children and young people the necessary skills and knowledge tounderstand and maintain their personal safety and wellbeing.(f) We commit to seeking input and feedback from students regarding the creation of a safeschool environment.Our commitment to parents and carers(a) We commit to communicating honestly and openly with parents and carers about thewellbeing and safety of their children.(b) We commit to engaging with, and listening to, the views of parents and carers about ourchild-safety practice, policies and procedures.(c) We commit to transparency in our decision-making with parents and carers where it willnot compromise the safety of children or young people.(d) We commit to acknowledging the cultural diversity of students and families, and beingsensitive to how this may impact on student safety issues.(e) We commit to continuously reviewing and improving our systems to protect children fromabuse.Our commitment to our school staff (school employees, volunteers, contractors and clergy)(a) We commit to providing all staff at St Theresa’s with the necessary support to enablethem to fulfil their roles. This will include regular and appropriate learning opportunities.(b) We commit to providing regular opportunities to clarify and confirm policy andprocedures in relation to child safety and young people’s protection and wellbeing. Thiswill include annual training in the principles and intent of the Child Safety Policy and ChildSafety Code of Conduct, and staff responsibilities to report concerns.(c) We commit to listening to all concerns voiced by St Theresa’s staff, clergy, volunteers, andcontractors about keeping children and young people safe from harm.(d) We commit to providing opportunities for St Theresa’s school employees, volunteers,contractors and clergy to receive formal debriefing and counselling arising from incidentsof the abuse of a child or young person.6. Responsibilities and Organisational ArrangementsEveryone employed or volunteering at St Theresa’s School has a responsibility to understand theimportant and specific role he/she plays individually and collectively to ensure that the wellbeingand safety of all students is at the forefront of all they do and every decision they make. (CECVCommitment Statement to Child Safety)The school has allocated roles and responsibilities for child safety as follows.6.1 Guide to Responsibilities of School LeadershipThe principal, the school governing authority and school leaders at St Theresa’s School recognisetheir particular responsibility to ensure the development of preventative and proactive strategiesthat promote a culture of openness, awareness of and shared responsibility for child safety.Responsibilities include:• creating an environment for children and young people to be safe and to feel safe• upholding high principles and standards for all staff, clergy, volunteers, and contractors• promoting models of behaviour between adults and children and young people based onmutual respect and consideration• ensuring thorough and rigorous practices are applied in the recruitment, screening andongoing professional learning of staff• ensuring that school personnel have regular and appropriate learning to develop theirknowledge of, openness to and ability to address child safety matters• providing regular opportunities to clarify and confirm legislative obligations, policy andprocedures in relation to child and young people’s protection and wellbeing• ensuring the school meets the specific requirements of the Victorian Child Safe Standards asset out in Ministerial Order No. 870.6.2 Guide to Responsibilities of School StaffResponsibilities of school staff (school employees, volunteers, contractors and clergy) include:• treating children and young people with dignity and respect, acting with propriety, providinga duty of care, and protecting children and young people in their care• following the legislative and internal school processes in the course of their work, if theyform a reasonable belief that a child or young person has been or is being abused orneglected• providing a physically and psychologically safe environment where the wellbeing of childrenand young people is nurtured• undertaking regular training and education in order to understand their individualresponsibilities in relation to child safety and the wellbeing of children and young people• assisting children and young people to develop positive, responsible and caring attitudes andbehaviours which recognise the rights of all people to be safe and free from abuse• following the school’s Child Safety Code of Conduct.6.3 Organisational ArrangementsSt Theresa’s School’s governing authority is the Parish Priest who delegates to the Principal of theschool the day to day responsibility for child safety. The Principal in turn has entrusted St Theresa’sSchool Leadership Team with a particular responsibility for child safety. The leadership Team acts asthe school’s Child Safety Team. Particular responsibility to lead and coordinate the school’sendeavours is delegated to the school’s Student Wellbeing Leader who also acts as the school’s ChildSafe Leader. Particular responsibility is also delegated to the school’s Learning and Teaching Leaderwho coordinates proactive endeavours to empower students through the school’s curriculum.7. Expectation of our School Staff – Child Safety Code of ConductAt St Theresa’s School community, we expect school employees, volunteers, contractors and clergyto proactively ensure the safety of students at all times and to take appropriate action if there areconcerns about the safety of any child at the school. All school staff must remain familiar with therelevant laws, the code of conduct, and policies and procedures in relation to child protection and tocomply with all requirements. We have developed a Child Safety Code of Conduct which recognisesthe critical role that school staff play in protecting the students in our care and establishes clearexpectations of school employees, volunteers, contractors and clergy for appropriate behaviour withchildren in order to safeguard them against abuse and or neglect.Our Code also protects school staff through clarification of acceptable and unacceptable behaviour..8. Student Safety and ParticipationAt St Theresa’s School we actively encourage all students to openly express their views and feel comfortableabout giving voice to the things that are important to them.We teach students about what they can do if they feel unsafe and enable them to understand, identify,discuss and report on child safety. We listen to and act on any concerns students, or their parents or carers,raise with us. A separate document outlining school practices and process is available for viewing and isregularly up-dated and revised according to new initiatives etc.9. Reporting and RespondingOur school records any child safety complaints, disclosures or breaches of the Child Safety Code ofConduct, and stores the records in accordance with security and privacy requirements. Our schoolcomplies with legal obligations that relate to managing the risk of child abuse under the Children,Youth and Families Act 2005 (Vic.), the Crimes Act 1958 (Vic.) and the recommendations of theBetrayal of Trust report.Child protection reporting obligations fall under separate pieces of legislation with differingreporting requirements.Our school’s Child Protection – Reporting Policy, updated in May 2016 sets out the actions requiredunder the relevant legislation when there is a reasonable belief that a child at our school is in needof protection or a criminal offence has been committed, and provides guidance and procedures onhow to make a report.Our policy assists staff, volunteers and families to:• identify the indicators of a child or young person who may be in need of protection• understand how a ‘reasonable belief’ is formed• make a report of a child or young person who may be in need of protection• comply with mandatory reporting obligations under child protection law and their legalobligations relating to criminal child abuse and grooming under criminal law.Our school has also established internal processes to ensure that appropriate action is taken torespond to concerns about the wellbeing and/or safety of a student.10. Screening and Recruitment of School StaffSt Theresa’s School will apply thorough and rigorous screening processes in the recruitment of employeesand volunteers involved in child-connected work. Our commitment to child safety and our screeningrequirements are included in all advertisements for such employee, contractor and volunteer positions, andall applicants are provided with copies of the school’s Child Safety Code of Conduct and the Child SafetyPolicy.When recruiting and selecting employees, contractors and volunteers involved in child-connected work, wemake all reasonable efforts to:• confirm the applicant’s Working with Children Check and National Police Check status and/orprofessional registration (as relevant)• obtain proof of personal identity and any professional or other qualifications• verify the applicant’s history of work involving children• obtain references that address the applicant’s suitability for the job and working with children.We have processes for monitoring and assessing the continuing suitability of school staff to work withchildren, including regular reviews of the status of Working with Children Checks and staff professionalregistration requirements such as Victorian Institute of Teaching (VIT) registration.11. Child Safety – Education and Training for School StaffSt Theresa’s School provides employees, volunteers and clergy with regular and appropriateopportunities to develop their knowledge of, openness to and ability to address child safety matters.This includes induction, ongoing training and professional learning to ensure that everyoneunderstands their professional and legal obligations and responsibilities, and the procedures forreporting suspicion of child abuse and neglect.12. Risk ManagementAt St Theresa’s School we are committed to proactively and systematically identifying and assessing risks tostudent safety across our whole school environment, and reducing or eliminating (where possible) allpotential sources of harm. We document, implement, monitor and periodically review our risk managementstrategies for child safety and ensure that the strategies change as needed and as new risks arise. This iscarried out by the staff as a team lead by the Child Safety Leader in conjunction with the Child Safety Teamand the Occupational Health and Safety Officer.13. Relevant Legislation• Children, Youth and Families Act 2005 (Vic.)• Working with Children Act 2005 (Vic.)• Education and Training Reform Act 2006 (Vic.)• Equal Opportunity Act 2010 (Vic.)• Privacy Act 1988 (Cth)• Crimes Act 1958 (Vic.) – Three new criminal offences have been introduced under this Act:a) Failure to disclose offence: Any adult who forms a reasonable belief that a sexualoffence has been committed by an adult against a child under 16 has an obligationto report that information to police. Failure to disclose the information to police is acriminal offence.b) Failure to protect offence: The offence will apply where there is a substantial riskthat a child under the age of 16 under the care, supervision or authority of arelevant organisation will become a victim of a sexual offence committed by anadult associated with that organisation. A person in a position of authority in theorganisation will commit the offence if they know of the risk of abuse and have thepower or responsibility to reduce or remove the risk, but negligently fail to do so.i) Grooming offence: This offence targets predatory conduct designed to facilitatelater sexual activity with a child. Grooming can be conducted in person or online,for example via interaction through social media, web forums and emails.14. Related Policies14.1 Catholic Education Melbourne Policies• Policy 2.2: Guidelines Relating to the Employment of Staff (currently under review)• Policy 2.19: Child Protection – Reporting Obligations• Policy 2.19a: School Guidelines –Police and DHHS Interview Protocols• Policy 2.20: Misconduct Policy (withdrawn and currently under review)• Policy 2.26: Pastoral Care of Students in Catholic Schools(currently under review)14.2 School Policies• Child Protection – Reporting Obligations• Pastoral Care Policy• ICT Policy• Responsible Use of Social Media Policy• Student Supervision Policy• Volunteer’s Policy• Grievance and Complaints Procedures15. Breach of PolicyWhere an employee is suspected of breaching any obligation, duty or responsibility within thisPolicy, St Theresa’s School may start the process under clause 13 of the Victorian Catholic EducationMulti Enterprise Agreement 2013 (VCEMEA) for managing employment concerns. This may result indisciplinary consequences.Where the principal is suspected of breaching any obligation, duty or responsibility within thispolicy, the concerned party is advised to contact the parish priest or the employer. Relevantnotification should also be made to Catholic Education Melbourne (Office of Professional Conduct,Ethics and Investigation).Where any other member of the school community is suspected of breaching any obligation, dutyor responsibility within this policy, the school is to take appropriate action and/or contact CatholicEducation Melbourne (Office of Professional Conduct, Ethics and Investigation).16. Review of this Child Safety PolicyAt St Theresa’s School we are committed to continuous improvement of our child safety systems andpractices. We intend this policy to be a dynamic document that will be regularly reviewed to ensureit is working in practice and updated to accommodate changes in legislation or circumstance.We will maintain a history of updates to the policy.History of Updates to Policy17. ReferencesCatholic Education Commission of Victoria Ltd (CECV) 2016, Commitment Statement to Child Safety:A safe and nurturing culture for all children and young people in Catholic schools.Catholic Education Commission of Victoria Ltd (CECV) 2013, Victorian Catholic Education MultiEnterprise Agreement 2013, CECV.Congregation for Catholic Education 1997, The Catholic School on the Threshold of the ThirdMillennium, Vatican.Date Comment (e.g. major review, minor review)Safe Schools Hub 2014, National Safe Schools Framework Glossary, Australian GovernmentDepartment of Education and Training.State of Victoria 2016, Child Safe Standards – Managing the Risk of Child Abuse in Schools:Ministerial Order No. 870, Education & Training Reform Act 2006, Victorian Government Gazette No.S2.Victorian Government Department of Justice 2016, Betrayal of Trust Implementation.