Revised briefing for staff 19/04/2017 2011 Revised briefing for staff Prior to the Professional Learning (PL) session Before the PL, staff should ensure they have available: Protecting the safety and wellbeing of children and young people (the Protocol) and the A4 card A step-by-step guide to making a report to Child Protection or Child FIRST Copies of these documents can be downloaded from: http://www.education.vic.gov.au/healthwellbeing/safety/childprotection/childprotection.htm Time Allocation The PL session should be approximately 15 – 20 minutes Presenter’s notes: Please read these notes out as you go through the slides. Activities (optional) An activity is an appropriate and effective way to foster discussion among staff and increase the understanding of staff responsibilities. A range of sample activities for different settings is available on the DEECD website at: http://www.education.vic.gov.au/healthwellbeing/safety/childprotection/criticalincidents.htm . Protecting the safety and wellbeing of children and young people A joint protocol of the Department of Human Services Child Protection, Department of Education and Early Childhood Development, Licensed Children’s Services and Victorian Schools 1

Protecting Children Is Everyone’s Business 19/04/2017 Protecting Children Is Everyone’s Business Society as a whole shares a responsibility for protecting the safety and well-being of children. Any member of the community can make a report to Child Protection or a referral to Child FIRST if they have significant concern for the well-being of a child. In addition, some members of the community (including teachers) are mandated to report to Child Protection Presenter’s notes: The National Framework for Protecting Australia’s Children (2009) states that ‘Every person has a duty to protect children regardless of whether they are mandated or not.’ Refer to the Protocol: Page 7: Section 2: Guiding Principles

Are you mandated or non-mandated 19/04/2017 Are you mandated or non-mandated Mandated Non-Mandated Principal class Teachers Visiting teachers Student teachers Nurses Psychologists Social Workers Speech Pathologists Education Support Officers (Aides) Non-teaching staff Administration Cleaners Canteen staff Presenter’s notes Are you mandated or non-mandated? Remember that everyone has a duty to protect children, regardless of whether mandated or not mandated . Anyone working in a school is expected by the Department to ensure that any concerns about the safety or wellbeing of a child or young person are communicated immediately to senior school staff. Refer to the Protocol: Page 7: Section 2.2 Best interests principles Are you aware of your responsibilities to protect children and young people from harm?

Why are professionals mandated to report 19/04/2017 Why are professionals mandated to report It is likely that a significant number of school students will suffer harm from abuse or neglect during their time within the education system Physical and sexual abuse can cause long lasting effects Harm is minimized when intervention takes place as early as possible Physical and sexual abuse of children are criminal offences Teachers and other school professionals are ideally placed to recognise abnormal or changed behavior and are likely to be first to identify signs of abuse. Presenter’s notes A question often arises as to whether a staff member should make a mandatory report when they have formed a belief in circumstances away from their school and that may not involve students from their school. The answer to this is, YES, they should report their concerns to Child Protection because: Everyone has a moral and ethical responsibility to act to protect a child at risk of harm. Refer to the Protocol: Page 7: Section 2 Guiding principles

Non-mandated school staff 19/04/2017 Non-mandated school staff Section 183 of the CYFA 2005 states that any person who believes on reasonable grounds that a child is in need of protection may report their concerns to Child Protection. This means that any person should make a report to Child Protection when they believe that a child or young person is at risk of harm and in need of protection, and the child’s parents are unable or unwilling to protect the child. If non-mandated staff have concerns that a student may be at risk of harm they should inform the principal immediately Presenter’s Notes: It is important that staff with any concerns take action. If you are unsure, discuss your concerns with other teachers, school wellbeing staff, or a member of the school leadership team. Regional wellbeing staff, including Student Support Services Officers, can also discussing any concerns you may have The emphasis must always be on taking action. Refer to the Protocol: Page 14: Section 4.2 Non-mandated staff members Refer to the Protocol Section 4.2: Protecting the safety of children and young people 5

19/04/2017 Duty of care School staff have a duty of care to protect and preserve the safety, health and wellbeing of children and young people in their care and staff must always act in the best interests of those children and young people. If a staff member has any concerns regarding the health, safety or wellbeing of a child or young person it is important to take immediate action. The roles and responsibilities of school staff in supporting children and young people who are involved with Child Protection may include: acting as a support person for students attending Child Protection case plan meetings observing and monitoring students’ behaviour liaising with professionals. Presenter’s notes Draw attention to: Staff must act “in loco parentis” (in place of a parent) when students are being interviewed by police or Department of Human Services Child Protection without parental presence or without parental knowledge. In these circumstances staff should take notes, listen carefully and provide support to the student. Staff should not volunteer their own knowledge or opinions. Refer to the Protocol: Page 23: Section 6: Protecting the safety of children and young people Page 23: Section 6.1. The role of school staff Page 24: Section 6.3 Interviews at Victorian schools Page 24: Section 6.4 Support persons Refer to the Protocol Section 6.1. The role of school staff 6

Legal Definition:- A Child in Need of Protection 19/04/2017 Legal Definition:- A Child in Need of Protection Section 162 of the CYFA 2005: Parents have abandoned a child and cannot be found. Parents are dead or incapacitated and there is no one else to look after that child. Child has suffered or is likely to suffer significant harm as a result of physical injury, sexual abuse or emotional or psychological harm and parents have not or are unlikely to protect the child from such harm. Child’s physical development or health has been harmed and parents have not or are unlikely to provide for or allow the provision of appropriate care. Presenter’s notes: Key words above are in red – please emphasise them What is cumulative harm? Cumulative harm is a term that refers to the effects on a child or young person of multiple exposures to interpersonal trauma, such as abandonment, betrayal, physical or sexual assaults, witnessing domestic violence or ongoing neglect. Persistent and entrenched harm has a cumulative effect and seriously injures children by disrupting their physical and mental development. The longer the harm or risk of harm is prolonged, the more significant the disruption to the brain’s architecture and stress management systems and the greater the likelihood that injury caused may be permanent. From Cumulative harm: a conceptual overview, available from DHS website at: http://www.cyf.vic.gov.au/__data/assets/pdf_file/0010/43012/ecec_best_interest_cumulative_harm.pdf

Mandatory reporting responsibilities for school staff 19/04/2017 Mandatory reporting responsibilities for school staff The mandatory reporting responsibilities of Victorian schools and their role in protecting children and young people from abuse and neglect is clearly described in Department publication: Protecting the safety and wellbeing of children and young people. This document is the reference point for schools and school staff seeking information about protecting children and responding to concerns about a child who may be at risk of abuse and neglect. More specific details about school responsibilities are described in: Protecting the safety and wellbeing of children and young people: Page 23: Section 6: Responsibilities of Victorian schools

Mandatory reporting considerations - Part 1: Forming a belief 19/04/2017 Mandatory reporting considerations - Part 1: Forming a belief The CYFA (2005) states: That teachers must report to Child Protection when they ‘…form a belief on reasonable grounds…’ that a child has suffered, or is likely to suffer, significant harm as a result of physical injury or as a result of sexual abuse A belief is considered to be more than a suspicion. A person may be considered to have formed a belief if they are more likely to accept rather than reject the suspicion that a child is at risk of harm from physical or sexual abuse Proof is not required that abuse has occurred or is likely to occur. A belief is sufficient. It is the role of the Child Protection to determine whether that belief should be investigated If one staff member has a different view from another staff member about making a report and the staff member continues to hold the belief that a child is in need of protection, that person is still obliged to make a report to Child Protection. Presenter’s notes Key words above are in red – please emphasise them Draw attention to: Reasonable grounds In other words – you are more inclined to accept rather than reject the idea that a child has or is likely to suffer significant harm. It is not the responsibility of teachers or other Department of Education and Early Childhood Development personnel to determine whether child abuse and neglect has occurred. That responsibility rests with the Department of Human Services, Child Protection as the agency authorised to investigate, or with Victoria Police Sexual Offences and Child Abuse Investigation Team (SOCIT) where appropriate. Teachers and principals should never attempt to seek detailed information from a child about the specifics of suspected abuse nor should they attempt to investigate what may have occurred. School staff can enquire sufficiently to form a belief on reasonable grounds, but should not take statements nor interview witnesses. Refer to the Protocol: Page 14: Section 4.3. Forming a belief on reasonable grounds Refer to the Protocol: Page 15: Section 4.4 Reporting a belief Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds

Mandatory reporting considerations - Part 2: Reasonable grounds 19/04/2017 Mandatory reporting considerations - Part 2: Reasonable grounds Reasonable grounds is the mechanism used for forming the belief. Examples are: a child tells a teacher they have been abused someone else tells a teacher (a relative, friend, neighbour or sibling) that a child has been abused or is at risk of abuse a child tells a teacher that they know someone who has been abused (often a child is referring to themselves) a teacher’s own observation of a particular child’s behaviour/injuries or their knowledge of children generally leads them to suspect that abuse is occurring other grounds that have led to the forming of a belief that a child is being abused. Presenter’s notes Draw attention to: It is important that in the course of forming a belief that teachers do not use leading questions to suggest that abuse took place. Instead, if information is required to clarify the process of forming a belief, open-ended or general questions should be used, for example, “Can you tell me what made you feel scared” For more examples of open-ended questions see also : http://www.education.vic.gov.au/healthwellbeing/safety/childprotection/criticalincidents.htm Refer to the Protocol: Page 14: Section 4.3 Forming a belief on reasonable grounds Page 15: Section 4.4 Reporting a belief Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds

Consultation- A good idea! 19/04/2017 Consultation- A good idea! Schools must take immediate action in relation to concerns about possible abuse and neglect including student sexual assault. This means that the school needs clear and accessible policies & procedures about responding to concerns for the safety and/or wellbeing of a student Staff must be able to seek appropriate advice and know who can provide it. Consult with and seek advice from: the school principal, or a member of the school leadership team regional support staff. the Emergency and Security Management Unit - P: 9589 6266 the Student Critical Incident Advisory Unit, Student Wellbeing Division P: 9637 2934 or 9637 2487 the local Victoria Police Sexual Offences and Child Investigation Team (SOCIT) Department of Human Services, Child Protection Presenter's notes: Ask staff: “ who would you consult with? Consultation is a great idea! Consulting means that school staff: No longer have to worry Have sought appropriate advice and support Have discharged your duty of care Have acted in accordance with the ‘best interest principles’ The Children, Youth and Families Act (2005) specifically states that a significant part of the role of Child Protection to provide advice when requested. Refer to the Protocol: Page 7 : Section 2.3 Collaborative practice

Definitions of Abuse and Neglect 19/04/2017 Definitions of Abuse and Neglect Physical Abuse – any non accidental injury to a child by a parent or caregiver. May take the form of bruises, cuts, welts, burns or fractures, internal injuries, shaking injuries in young infants. Sexual Abuse –when an adult or someone older/bigger than the child uses power or authority over the child to involve the child in sexual activity with or without physical force. Examples:- fondling of the genitals; masturbation; oral, vaginal or digital penetration by a finger, penis or other object; exposure to pornography, internet grooming behaviours. Emotional Abuse – when a child is repeatedly rejected or frightened by threats; name calling; exposure to significant or sustained family violence; being put down or continual coldness. Presenter’s notes School staff are encouraged to consult and seek advice from: • their local Child Protection or Child FIRST. • Victoria Police Sexual Offences and Child Abuse Investigation Teams (SOCIT). • regional wellbeing staff, or specialist services within DEECD such as the Student Critical Incident Advisory Unit. Refer to the Protocol: Page 35: Appendix 2: Definitions of child abuse and indicators of harm Refer to the Protocol Appendix 2: Definitions of Child Abuse and Indicators of Harm

Definitions of Abuse and Neglect – Continued 19/04/2017 Definitions of Abuse and Neglect – Continued Neglect – the failure to provide the child with the basic necessities of life, such as adequate food, clothing, shelter, health care and supervision. Family violence: Violence (either actual or threatened) that occurs within a family, includes physical, verbal, emotional, psychological, sexual, financial and social abuse. Family violence is a criminal offence and can be liable to prosecution. Other matters that should be reported to Child Protection: Risk-taking behaviour Female genital mutilation Child/young person exhibiting sexually abusive behaviours Presenter’s notes Refer to the Protocol: Page 35: Appendix 2: Definitions of child abuse and indicators of harm Refer to the Protocol Appendix 2: Definitions of Child Abuse and Indicators of Harm

19/04/2017 Presenter's Notes Photocopy (double sided) and hand out copies of the A4 card to participants. Work through the sections Note that the back of the card provides contact details Draw attention to: the dot point at the bottom of Step 4 ‘non-mandated staff members’ In the Protective Concerns section draw attention to the third dot point related to ‘possible harm via your involvement in the community external to your professional role’ Remind Participants; Every one has an obligation to report. Point out that contact details are included on the back of the flowchart. This document is available at: http://www.eduweb.vic.gov.au/edulibrary/public/stuman/wellbeing/Flowchart_Mandatory_Reporting_Sep_2010.pdf

19/04/2017 Presenter’s notes List of contact details for agencies and organisation that can provide support to schools. This document is available at: http://www.eduweb.vic.gov.au/edulibrary/public/stuman/wellbeing/Flowchart_Mandatory_Reporting_Sep_2010.pdf

DEECD Policy & Procedures 19/04/2017 DEECD Policy & Procedures Responding to Allegations of Student Sexual Assault – Procedures for Victorian Government Schools Presenter's notes: This document provides clear policies and procedures for school staff to guide them through responding to allegations of student sexual assault or inappropriate sexualised behaviour involving children under 10 years. A pdf copy of this document is available online at: http://www.education.vic.gov.au/healthwellbeing/safety/childprotection/default.htm

Where can you find the protocol electronically? 19/04/2017 Where can you find the protocol electronically? The DEECD Website at: http://www.education.vic.gov.au/ Link to the Protocol:- http://www.education.vic.gov.au/healthwellbeing/safety/childprotection/childprotection.htm