Australian Tutoring Association (ATA) Ltd Child safe Standards Build a child safe organisation Presented by Mohan Dhall, CEO ATA

About the Child Safe Standards Context About the Child Safe Standards In 2012, the Victorian Parliament embarked on a landmark inquiry into the handling of child abuse by religious and other non-government organisations. The inquiry was launched in the context of growing community concern about not only the extent of child abuse occurring within organisations, but also the lengths to which some bodies would go to conceal or minimise this abuse. The inquiry heard of the devastating and often life-long consequences for abuse victims. The impact of abuse on children cannot – and should never – be underestimated. Child Safe Standards – Build a child safe organisation © ATA 2016

About the Child Safe Standards Context About the Child Safe Standards The Betrayal of Trust (BoT) report, which was tabled in Parliament in late 2013, contained a number of recommendations to prevent child abuse within organisations from happening in the first place. In responding to the recommendations in 2014, the Victorian Government committed to introducing Child Safe Standards for organisations with direct and regular contact with children. Other recommendations of the Betrayal of Trust (BoT) Inquiry related to the implementation of a reportable conduct scheme and new criminal laws. Child Safe Standards – Build a child safe organisation © ATA 2016

New criminal laws arising from the Betrayal of Trust Inquiry Grooming offence which targets communication, including online communication, with a child or their parents with the intent of committing child sexual abuse Failure to protect offence that applies to people within organisations who knew of a risk of child sexual abuse by someone in the organisation and had the authority to reduce or remove the risk, but negligently failed to do so Failure to disclose offence that requires adults to report to police a reasonable belief that a sexual offence has been committed against a child (unless they have a reasonable excuse for not doing so). For further information, go to the Department of Justice and Regulation’s website: http://www.justice.vic.gov.au/home/safer+communities/protecting+children+and+families/betrayal+of+trust+implementation Child Safe Standards – Build a child safe organisation © ATA 2016

Children have the right to feel safe and to be safe Who is a child? Children have the right to feel safe and to be safe What do I need to know? The Child Safe Standards ensure that there is a minimum standard for safety in all organisations providing services to children. The Standards aim to drive cultural change in organisations, so that protecting children from abuse is embedded in everyday thinking and practice. The Standards apply to ALL personnel in an organisation, including: - CEO and executives - Employees - Contractors - Board of management - Volunteers - Students on placement Child Safe Standards – Build a child safe organisation © ATA 2016

Precautionary Approach The ATA advocates a precautionary approach This means that when in doubt, as a general rule, Act in favour of the most vulnerable party: The child Child Safe Standards – Build a child safe organisation © ATA 2016

Defining child abuse For the purpose of these Standards: Child abuse is defined as: sexual abuse (including grooming with the intent to sexually abuse a child) physical abuse or violence serious psychological or emotional abuse serious neglect Child Safe Standards – Build a child safe organisation © ATA 2016

About the Child Safe Standards The new child safe laws apply to organisations which provide services for children, and are not regulated by government, from 1 January 2017. A child safe organisation is everyone's responsibility but some people will have particular roles to play. Many organisations already have child safety policies and practices in place that meet the Standards. For these organisations, it is a process of continuous review and improvement. For other organisations, this information is new and their journey has just begun. Child Safe Standards – Build a child safe organisation © ATA 2016

NOTE Nothing in the Standards change the responsibility to report child abuse to police Child Safe Standards – Build a child safe organisation © ATA 2016

The seven Child Safe Standards There are seven Standards. An organisation must include the following principles as part of their response to each Standard: the cultural safety of Aboriginal children the cultural safety of children from culturally and/or linguistically diverse backgrounds the safety of children with a disability. The Standards are flexible and principle based to enable organisations to tailor their approach based on their type of organisation, level of responsibly for children and activities involving children. Child Safe Standards – Build a child safe organisation © ATA 2016

Activity 1 – the Principles Refer to the THREE Principles handout and Principles 1, 2 and 3 notes Key Questions/Issues for discussion Why should we filter our understanding of Child Safety through these principles? Is it important to distinguish between categories of vulnerability? Child Safe Standards – Build a child safe organisation © ATA 2016

The Child Safe Standards Strategies to embed an organisational culture of child safety, including through effective leadership arrangements A child safe policy or statement of commitment to child safety A code of conduct that establishes clear expectations for appropriate behaviour with children Screening, supervision, training and other human resources practices that reduce the risk of child abuse by new and existing personnel Processes for responding to and reporting suspected child abuse Strategies to identify and reduce or remove risks of child abuse Strategies to promote the participation and empowerment of children Child Safe Standards – Build a child safe organisation © ATA 2016

making child safety a top priority in your organisation’s operations Standard 1: Strategies to embed an organisational culture of child safety, including through effective leadership arrangements This means: Leading from the top down and embedding a culture that makes child safety as being paramount applying strong governance arrangements, documenting how duty of care responsibilities to children will be met making child safety a top priority in your organisation’s operations taking a zero tolerance approach to child abuse respecting, embracing and supporting the diversity of children This is not a once off exercise – you need to adopt a continuous improvement approach. Child Safe Standards – Build a child safe organisation © ATA 2016

Activity 2 – Leading and governance Refer to the leading and governance supplementary resource sheet and pages 6 and 7 of the Course Notes. Key Questions/Issues for discussion What is leadership? When to apply proactive and reactive leadership? Where does precaution fit in? Child Safe Standards – Build a child safe organisation © ATA 2016

Creating a foundation for a child safe environment Standard 2: A child safe policy or statement of commitment to child safety Creating a foundation for a child safe environment This means: affirming your organisation’s commitment to child safety in a child safe policy or commitment to child safety making your commitment to child safety clear and well communicated to staff, volunteers, children and families and the community requiring all staff and volunteers to uphold this approach. Child Safe Standards – Build a child safe organisation © ATA 2016

Activity 3: Child Safe Policy resource Refer to the: Child Safe Policy resource and pages 8 and 9 of the Course notes. Key Questions/Issues for discussion What does this policy seek to achieve? What could be added to make it more robust? Why is this policy important for institutions/organisations? Child Safe Standards – Build a child safe organisation © ATA 2016

Standard 3: A Code of Conduct Establishing clear expectations for appropriate behaviour with children This means: providing clear written guidance on appropriate conduct and behaviour towards children detailing acceptable and unacceptable behaviours relating to the specific context of your organisation – for example physical contact, personal care, online communication or complying with organisational policy and procedures educating staff, volunteers, parents and children about the expected standards of behaviour and what will happen if a person does not comply acting on concerns or allegations of non-adherence to your Code of Conduct. Child Safe Standards – Build a child safe organisation © ATA 2016

Activity 4: Sample Code of Conduct Note that A Code of Conduct articulates standards and rules of behaviour Provides a standard/source for training Refer to the Sample Code of Conduct resource and read Pages 10 and 11 of the course notes. Key Questions/Issues for discussion Who should be involved in drafting the Code? What actions might you take for non-adherence to the code? (Note: the focus is on child protection here rather than punishment of offenders). Child Safe Standards – Build a child safe organisation © ATA 2016

Standard 4: Recruitment, induction, supervision and management Screening, supervision, training and other human resource practices that reduce the risk of child abuse by new and existing personnel This means: communicating your commitment to child safety having clear duty statements engaging only the most suitable people to work with children (whether in a paid or voluntary capacity) and deterring unsuitable people from applying or being appointed having robust pre-employment background screening including WWCC (where required) and thorough referee checks providing high quality supervision and professional development, including understanding the nature and signs of abuse, cultural competency and the vulnerability of particular groups of children. Child Safe Standards – Build a child safe organisation © ATA 2016

Activity: 5 Recruitment, induction, supervision and management Refer to supplementary resource sheets on attracting and retaining staff and Course notes pages 12 and 13. Key Questions/Issues for discussion How should recruitment practices be structured so as to promote and encourage child safety? What is the role of background/reference checks? Are there forms of question that support child safe practices? What if in doubt? Child Safe Standards – Build a child safe organisation © ATA 2016

Standard 5: Responding to and reporting abuse Processes for responding to and reporting suspected child abuse This means: recognising the safety of children is everyone’s responsibility having a clear and understood procedure for reporting concerns and allegations, children and families are encouraged to report if they feel unsafe or concerned people within the organisation are aware of their duty of care and legal responsibilities, and know what to do to respond appropriately concerns and complaints are acted upon appropriately accurate records are kept securely. Call the police on 000 if you have immediate concerns for a child’s safety or if you reasonably believe child abuse may have occurred. Investigation of any matter by police must always take priority over internal investigations. Child Safe Standards – Build a child safe organisation © ATA 2016

Activity 6: Responding to and reporting abuse See ‘Alegations of abuse’ resource sheet and pages 14 and 15 of Course Notes: Note the steps involved – due processes must be followed. Sample incident report Key Questions/Issues for discussion Why should there be clear and unambiguous steps when responding to, and reporting, child abuse? What is the purpose and importance of documentation? Child Safe Standards – Build a child safe organisation © ATA 2016

Planning to reduce risk Standard 6: Strategies to identifying and reduce or remove the risk of child abuse Planning to reduce risk This means: thinking about your organisation, its activities and the children it provides services to, and planning how to make your activities as safe as possible this is often called a risk management approach being proactive to reduce the likelihood of risks emerging or escalating, rather than responding when harm has occurred Child Safe Standards – Build a child safe organisation © ATA 2016

Activity: 7 Reducing risk proactively Read pages 16 and 17 of Course Notes. Key Questions/Issues for discussion Why is proactive consideration an aspect of risk management? How is adverting attention to areas where there may be possible risk support Child Safe practices? Child Safe Standards – Build a child safe organisation © ATA 2016

Standard 7: Empowerment and participation Strategies to promote the participation and empowerment of children This means: supporting children and young people to understand their rights, contribute to child safety planning and to raise concerns actively promoting the participation of children valuing and respecting children’s opinions seeking their views about what makes them feel safe and unsafe, including cultural safety encouraging children’s participation in decision making establishing an environment of trust and inclusion that enables children to ask questions and speak up if they are worried or feeling unsafe. Child Safe Standards – Build a child safe organisation © ATA 2016

Activity: 8 Empowerment and participation See Empowerment and Participation handout and pages 18 and 19 of the course notes. Key Questions/Issues for discussion To what extent should children participate in policy and other aspects of Child Safe organisations? How can children be included? Child Safe Standards – Build a child safe organisation © ATA 2016

The Commission’s Child Safety Review Checklist and Action Plan Child Safe Standards – Build a child safe organisation © ATA 2016

The Commission’s Child Safety Review Checklist and Action Plan Self-audit tools Things to note Child Safe Standards – Build a child safe organisation © ATA 2016

Appendix 1: Counselling and support services The Centre Against Sexual Assault http://www.casa.org.au 1800 806 292 1800RESPECT National Sexual Assault, Domestic Family Violence Counselling Service https://www.1800respect.org.au 1800 737 732 Safe Steps Family Violence Response Centre http://www.safesteps.org.au 1800 015 188 Aboriginal Family Violence Prevention and Legal Service http://www.fvpls.org 1800 105 303 inTouch Multicultural Centre Against Family Violence http://intouch.asn.au 1800 755 988 Child Safe Standards – Build a child safe organisation © ATA 2016

Appendix 2 – Child abuse definitions Physical abuse Physical abuse occurs when a child suffers or is likely to suffer significant harm from a non-accidental injury or injuries inflicted by another person. Physical violence can be inflicted in many ways, including beating, shaking, burning or use of weapons (such as, belts). Sexual abuse Sexual abuse occur when a person involves a child in sexual activity, or deliberately puts the child in the presence of sexual behaviours that are exploitative or inappropriate to his/her age and development. Child sexual abuse can involve a range of sexual activity. It can also include exposure to or exploitation through pornography or prostitution, as well as grooming behaviour. Child Safe Standards – Build a child safe organisation © ATA 2016

Child abuse definitions Serious emotional or psychological abuse Serious emotional or psychological abuse occurs when harm is inflicted on a child through repeated rejection, isolation, or by threats or violence. It can include derogatory name-calling and put-downs, or persistent and deliberate coldness from a person, to the extent where the behaviour of the child is disturbed or their emotional development is at serious risk of being impaired. Serious emotional or psychological abuse could also result from conduct that exploits a child without necessarily being criminal, such as encouraging a child to engage in inappropriate or risky behaviours. Child Safe Standards – Train the Trainer Course © ATA 2016

Child abuse definitions Serious neglect Serious neglect is the continued failure to provide a child with the basic necessities of life, such as food, clothing, shelter, hygiene, medical attention or adequate supervision, to the extent that the child’s health, safety and/or development is, or is likely to be, jeopardised. Serious neglect can also occur if an adult fails to adequately ensure the safety of a child where the child is exposed to extremely dangerous or life threatening situations. Child Safe Standards – Build a child safe organisation © ATA 2016

Resources in this document and the supplementary resources have drawn from the Victorian Commission for Children and Young People. Documents used in the compilation of these resources include: A Guide for Creating a Child Safe Organisation, December 2015 version Child Safe Standards PDF Tip Sheet Child Safe Organisations – Cultural Safety for Aboriginal Children Tip Sheet Child Safe Organisations – Safety of Children from Culturally and Linguistically Diverse backgrounds Tip Sheet Child Safe Organisations – Safety of children with a disability Tip Sheet Child Safe Organisations – Parents and Carers – What to look for in a Child Safe Organisation Tip Sheet Child Safe Organisations – Empowerment and participation of children An Overview of the Victorian Child Safe Standards, DHHS Victoria, Nov 2015 Victoria’s Child Safe Standards Generic ppt, 2016 DHHS Resource 1 – Leadership and governance PDF - Good leadership and governance in child safe organisations, Department of Health and Human Services, Victoria 2015 DHHS Resource 2 – Child Safe policy PDF – Child safe policy and statement of commitment, Department of Health and Human Services, Victoria 2015 DHHS Resource 3 – Code of Conduct PDF – Code of Conduct, Department of Health and Human Services, Victoria 2015 DHHS Resource 4 – Recruitment PDF - Recruitment practices for child safe organisations, Department of Health and Human Services, Victoria 2015 DHHS Resource 5 –Human Resources PDF - Human resources practices for child safe organisations, Department of Health and Human Services, Victoria 2015 DHHS Resource 6 –Allegations of Abuse PDF - What to do when an allegation of child abuse is made, Department of Health and Human Services, Victoria 2015 DHHS Resource 7 –Sample Incident Report PDF – Sample incident report, Department of Health and Human Services, Victoria 2015 Child Safe standards – Child Safety Review Checklist, Victorian Commission for Children and Young People Child Safe Standards – Build a child safe organisation © ATA 2016