1. Cultural safety and Child Safe Standards
Adjunct Prof. Muriel Bamblett, AM - CEO
Victorian Aboriginal Child Care Agency (VACCA)
Sunshine Convention Centre, Victoria University
26 October 2016
I would like to begin by acknowledging the Traditional Owners of the land on which we meet here today, the peoples of the Kulin Nation, and pay my respects to their Elders and ancestors.
I would also like to pay my respects to other Elders and all Aboriginal people and other invited guests here today.
My people are the Yorta Yorta on my mother’s side and the Dja Dja Wrung on my father’s side.
Today I will be talking about the cultural considerations of the child safety standards and how we ensure cultural safety for Aboriginal children and young people in our organisations.
As I will reinforce today, for Aboriginal children there is no child safety without cultural safety. Also, today the CCYP’s Taskforce1000 report was released and this Inquiry has reinforced the point that cultural safety is a protective factor and critical to child safety.

2. Children’s rights
Child safety and cultural safety are about a commitment to human rights
Children’s rights need to be promoted.
Children are our most vulnerable in society.
Human rights that support self-determination are fundamental to a holistic approach to Aboriginal children’s safety.
Any discussion of child safety and cultural safety should be from within a human rights framework. At one level child safe standards are about compliance. But importantly child safety and cultural safety are about a commitment to human rights.
Children’s rights need to be promoted.
Children are our most vulnerable in society.
Human rights that support self-determination are fundamental to a holistic approach to Aboriginal children’s safety.

3. Culture is a human right
United Nations enshrines and upholds the right of self-determination for different cultures, and identifies, as a survival and development right, the right of children to learn about and practise their own culture, language and religion.
The Victorian Charter of Human Rights and Responsibilities Act 2006 recognises that Aboriginal people hold distinct cultural rights
The Children, Youth and Families Act 2005 identifies the need, in relation to an Aboriginal child, to protect and promote his or her Aboriginal cultural and spiritual identity and development by, wherever possible, maintaining and building their connections to their Aboriginal family and community.
The Charter for Children in Out-of-Home Care outlines rights for children in care, including: if I am an Aboriginal child I have the right to feel proud and strong in my culture.
Being connected to your culture is not only increasingly recognised as a protective factor for children, it is a human right.
The rights set out in the United Nations Convention on the Rights of the Child need to be at the forefront of child safe policy and practice. For Aboriginal children the UN Declaration on the Rights of Indigenous People also need to be highlighted. The United Nations enshrines and upholds the right of self-determination for different cultures, and identifies, as a survival and development right, the right of children to learn about and practise their own culture, language and religion.
The Victorian Charter of Human Rights and Responsibilities Act 2006 recognises that
Aboriginal people hold distinct cultural rights, including the right: to enjoy their identity and culture; to maintain and use their language; to maintain their kinship ties; to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.
The Children, Youth and Families Act 2005 identifies:
• The need, in relation to an Aboriginal child, to protect and promote his or her Aboriginal cultural and spiritual identity and development by, wherever possible, maintaining and building their connections to their Aboriginal family and community.
• The need to protect the child from harm, to protect his or her rights and to promote his or her development (taking into account his or her age and stage of development).
The Charter for Children in Out-of-Home Care outlines sixteen rights for children in care,
including: If I am an Aboriginal child I have the right to feel proud and strong in my culture. This means that my carers and workers will: Understand, respect and value my own Aboriginal culture; Help me feel good about my own Aboriginal culture, and Help me stay connected to my culture in all parts of my life.

4. Cultural Safety
Cultural safety is the positive recognition and celebration of cultures. It is more than just the absence of racism or discrimination, and more than cultural awareness and cultural sensitivity.
A culturally safe environment does not ignore, challenge or deny cultural identity.
Cultural safety upholds the rights of Aboriginal children to:
identify as Aboriginal without fear of retribution or questioning
have an education that strengthens their culture and identity
maintain connection to their land and country
maintain their strong kinship ties and social obligations
be taught their cultural heritage by their Elders
receive information in a culturally sensitive, relevant and accessible manner
be involved in services that are culturally respectful.
Building Respectful Partnerships: The Commitment to Aboriginal Cultural Competence in Child and Family Services, VACCA (2010), p. 17.
So when we talk of cultural safety, what do we mean? The definition on this slide is from VACCA’s Building Respectful Partnerships Guide.
Cultural safety is the positive recognition and celebration of cultures. It is more than just the absence of racism or discrimination, and more than cultural awareness and cultural sensitivity.
A culturally safe environment does not ignore, challenge or deny cultural identity. Because a culturally safe environment is about shared respect, knowledge and understandings, it empowers people, enabling them to contribute and feel safe to be themselves. In a culturally safe environment, Aboriginal children and families define what is comfortable and safe. In a culturally safe environment, the service provider looks for guidance on how to provide the service, and considers the impact of their culture on the way they deliver the service.
Cultural safety upholds the rights of Aboriginal children to:
identify as Aboriginal without fear of retribution or questioning
have an education that strengthens their culture and identity
maintain connection to their land and country
maintain their strong kinship ties and social obligations
be taught their cultural heritage by their Elders
receive information in a culturally sensitive, relevant and accessible manner
be involved in services that are culturally respectful.
(Building Respectful Partnerships)

5. Cultural Safety
Cultural safety needs to be a key element of the child safe standards.
For Aboriginal children, an organisation cannot be child safe without also being culturally safe.
Culture must always be at the forefront when working with Aboriginal children.
A service system that values Aboriginal culture and is culturally competent is one which can provide safety for Aboriginal children.
Cultural safety needs to be a key element of the child safe standards. Culture is a crucial consideration for organisations to be child safe. For Aboriginal children, an organisation cannot be child safe without also being culturally safe.
VACCA’s key premise concerns the fundamental need for all people to feel culturally safe. That is, every person needs to feel that their sense of self and sense of identity is valued by the people and environments that surround them. Children that are strong in culture and celebrate their identity and culture have a strong voice and are empowered.
Culture must always be at the forefront when working with Aboriginal children. A service system that values Aboriginal culture and is culturally competent is one which can provide safety for Aboriginal children.
A culturally-informed policy is required and to this end VACCA has developed a cultural safety framework including recommendations for government departments, the human services sector and Aboriginal organisations and communities. The culmination of this work was a major policy and research report called This is Forever Business: A framework for maintain and Restoring Cultural Safety in Aboriginal Victoria and published in 2010.
More recently VACCA developed the Culturally Informed Addendum Resource Tool (2015) for the DHHS standards evidence guide. The tool proposes questions to assist organisations in articulating where they are on the cultural competency continuum and determining where efforts need to be directed. The tool includes specific measureable indicators supporting an outcomes focus enabling organisations to move towards measuring the impacts of their service delivery for Aboriginal people.
Training will be rolled out on the Cultural Addendum next year.

6. Cultural Safety in mainstream and Aboriginal organisations
Commonly, the concept of cultural safety is used in the context of promoting mainstream environments which are culturally competent.
There is also a need to ensure that Aboriginal community environments are also culturally safe and promote the strengthening of culture.
Therefore support is needed that promotes: empowering Aboriginal communities and organisations to develop processes and services which promote cultural safety; and mainstream organisations and governments and their departments to work as respectful partners with Aboriginal communities in the creation of a culturally safe service system and environment for Aboriginal children.
The Victorian Auditor General’s report on Accessibility of Mainstream Services for Aboriginal Victorians (2014) indicates there is a lot of work to be done by mainstream organisations to ensure they are culturally safe. The report identified barriers to access of mainstream services provided or funded by government included a lack of culturally safe services, a lack of awareness of available services, racism, shame and fear, complex administrative processes and affordability.
And yet Aboriginal people need to access mainstream services. Therefore mainstream services need to think how they will overcome these identified issues and be able to demonstrate cultural safety.
Mainstream organisations need to be supported to increase awareness and develop culturally appropriate services.
Commonly, the concept of cultural safety is used in the context of promoting mainstream environments which are culturally competent.
But there is also a need to ensure that Aboriginal community environments are also culturally safe and promote the strengthening of culture. Therefore support is needed that promotes: empowering Aboriginal communities and organisations to develop processes and services which promote cultural safety; and mainstream organisations and governments and their departments to work as respectful partners with Aboriginal communities in Victoria in the creation of a culturally safe service system and environment for Aboriginal children. Mainstream services need to take responsibility for building respectful partnerships for example by paying for consultations, being purposeful about consultation.

7. The seven Child Safe Standards
All of the seven elements in the Victorian child safe standards are necessary but not sufficient to ensuring organisations are child safe environments.
Having these elements in organisations’ policies and procedures for creating and maintaining a child safe environment is important.
However what is critical is how these standards are implemented, communicated, understood and trained to on a regular and ongoing manner.
The Child Safe Standards form part of the Victorian Government’s response to the Betrayal of Trust Inquiry.
In complying with the Child Safe Standards organisations must include the following principle as part of each standard: promoting the cultural safety of Aboriginal children.
All of the seven elements in the Victorian child safe standards are necessary but not sufficient to ensuring organisations are child safe environments.
Having these elements in organisations’ policies and procedures for creating and maintaining a child safe environment is important.
However what is critical is how these standards are implemented, communicated, understood and trained to on a regular and ongoing manner.
Cultural safety is relevant to each of the seven elements above and must be considered as part of considering all elements of child safety.

8. Development and delivery of a Child Safe Standards engagement strategy and training program for Koori organisations
VACCA was awarded the CCYP RFQ for - Development and delivery of a Child Safe Standards engagement strategy and training program for Koori organisations.
VACCA is currently working in partnership with the 17 ACCOs across Victoria to undertake a series of consultation forums.
After these consultations VACCA will roll-out a training program for Aboriginal organisations.
The Commission for Children and Young People developed a RFQ for:
an Aboriginal community controlled organisation to develop an engagement strategy that will assist Koori organisations to meet the Child Safe Standards. Included in this was the development and delivery a customised education and training program for Koori organisations.
 VACCA was awarded the RFQ
At VACCA, we understand child safety does not just happen and organisations need to take deliberate steps to protect children from abuse.
Guided by our vision "Our children, young people, families and communities are thriving - culturally strong, empowered and safe", VACCA is the lead Aboriginal child and family welfare organisation in Victoria, protecting and promoting the rights of Aboriginal children, young people, families and the community.
VACCA is currently working in partnership with the 17 ACCOs across Victoria to undertake a series of consultation forums with the organisations’ staff to understand the needs, challenges, and unique circumstances that may exist for their organisation to be able to comply with the Child Safe Standards.
After these consultations VACCA will roll-out a training program for Aboriginal organisations.

9. Child Safe Standards Training Consultation Checklist
What evidence in accreditation do you currently have in place to reach each of the 7 Child Safety Standards?
How do you know your organisation has knowledge and is aware of implementation strategies for complying with child safety processes and systems?
What methods and approaches do you currently use in your organisation to monitor and achieve the requirements of each standard?
In our consultations with ACCOs we have been asking the following three questions:
What evidence in accreditation do you currently have in place to reach each of the 7 Child Safety Standards?
How do you know your Organisation has knowledge and is aware of implementation strategies for complying with child safety processes and systems?
What methods and approaches do you currently use in your organisation to monitor and achieve the requirements of each standard? The
And I ask you to reflect on these questions for each of the standards in relation to your own organisation. It is also important to cross reference with any other standards. The Culturally Informed Addendum Resource Tool is a great resource for this purpose.

10. Standard 1: Strategies to embed an organisational culture of child safety, including through effective leadership arrangements
Is your organisation providing information to staff, volunteers and your community about cultural safety and child safety?
For example; Section on cultural safety is in your annual report, Organisational vision statement includes cultural safety?
Does your organisation provide messages around cultural safety?
For example; Brochures, pamphlets, newsletters, posters etc.
What messages does your reception and front line staff say about child safety?
For example; Culturally safe work environments, visually welcome Aboriginal children and families; Promotion of cultural safety
Does your organisation have policies and practices like;
For example; Induction for new staff and volunteers on cultural safety and child safety
Charter of Rights for Aboriginal Children?
Does your organisation have a person that champions child safety?
For example; Encouraging Staff and volunteers to raise any cultural safety concerns with champion/s, Supporting leadership to model child safety
Is cultural safety and child safety an agenda item at leadership meetings and reported against?
For example; Reports about dealing with incidents, monitoring of programs and activities.
Strategies to embed an organisational culture of child safety need to be multi-faceted.
The most comprehensive and well considered policies, procedures and guidelines will not keep children safe if they are not known, understood, regularly reviewed and actively implemented on a day to day basis by all in the organisation, regardless of role.
Translation and implementation of policies into practice at all levels of the organisation from board members, CEO, managers and all staff is critical so that everyone is aware of and know what policies mean for them in their role within the organisation.
Organisations need to actively foster and demonstrate a culture of open communication. Ongoing conversations are needed at the organisation-wide level, as well as at the team level and in supervision.
Policies and procedures should be clearly articulated, unambiguous and use plain language.
Embedding a culture of child safety also means embedding a culture of cultural safety for Aboriginal children. Culture enhances an Aboriginal child’s safety and therefore should be a key component of policies and practice regardless of setting. Child safety and cultural safety need to be considered as part of induction, specific training modules, which are re-visited in an ongoing way (rather than once off).
To ensure safety and prevent abuse, vigilance is key and it can only happen in an environment where there is constant discussion about respect for the rights of children.
On the slide you will see specific questions to consider in relation to this standard as well as some examples of how this standard may be operationalised in your workplace.

11. Standard 2: A child safe policy or statement of commitment to child safety
Does your organisation have a child safety policy or a commitment statement to demonstrate your commitment to safety?
For example; Duty of Care obligations, Zero tolerance of child abuse,
Managing online risks – , internet, mobile that may mitigate cultural safety and child safety
Does your organisation have mechanisms to actively listen to and empower Aboriginal children?
For example; Improve child safety systems and tools from feedback/ideas provided by Aboriginal children
Does your child safe policy promote cultural safety for Aboriginal children?
For example; How does your organisation understand the requirements relating to failure to disclose and failure to protect to ensure safety for children is upheld?
A child safe policy or statement of commitment is important and makes it clear that the organisation takes seriously its obligation to being child safe.
This code of conduct should specifically include cultural safety.
For Aboriginal children, an organisation is not child safe unless it is also culturally safe.
This policy or statement should have prominence within the organisation and all employees should be familiar with it and it should be easily accessible and visible to visitors to the organisation.
It needs to be clear that failure to comply with the policy may result in disciplinary action, and in most serious cases, may result in termination of employment.
Specific questions to consider are included on the slide.

12. Standard 3: A code of conduct that establishes clear expectations for appropriate behaviour with children
Does your organisation have a clear code of conduct specific to appropriate and inappropriate behaviour with Aboriginal children for staff and volunteers and is it well known to all Board Members, staff and volunteers?
For example; Ensure all Board, staff and volunteers are aware of the Code and for sign off.
Clear instructions in our work where there is physical contact, sport coaching, overnight stays. 
Does your organisation recognise the needs of Aboriginal children, culturally appropriate behaviours and recognising difference in what is considered acceptable behaviour?
For example; Personal care for Aboriginal children with a disability, inappropriate use of communication by non-Aboriginal staff.  
Does your organisation have clear procedures for dealing with identified child safety risks or breaches of code of conduct are clearly communicated and understood?
For example; Guidance to deal with breaches of the procedure and consequences for staff and volunteers who may breach the procedure. 
An organisation’s code of conduct needs to be provided to all staff and board members, volunteers and carers, discussed in supervision and for staff to sign that they have read, understood and will abide by the code of conduct.
This code of conduct should specifically include expectations of appropriate behaviour required to ensure both child safety and cultural safety within the organisation.
Again specific questions to consider are included on the slide.   

13. Standard 4: Screening, supervision, training and other human resources practices that reduce the risk of child abuse by new and existing personnel
What safeguards have you in place to ensure the most suitable and appropriate people work with Aboriginal children?
For example; Reference, police and WWC checks completed before a worker starts.
Do your position descriptions include a statement on child safety?
For example; Does your child safety champions have position descriptions.?
Do your interviews include a question regarding cultural safety and child safety?
For example; Face to face interviews and use of probation period.
Does your organisation have a child safety training strategy?
For example; Cultural safety areas include -
Understanding risk of harm to children?
What is child abuse?
How to identify and reduce child abuse risks
Identify signs of children at risk
How will you train new staff in child safety and how will existing staff be trained?
For example; Cultural competence training for non Aboriginal staff – appropriate language to avoid cultural harm.
Does your organisation regularly assess the child safety needs of the organisation?
For example; supervision, staff child ratio to protect cultural safety for children on activities.
How does your organisation understand the impact of cultural harm?
The WWCC is necessary but not sufficient in itself and does not provide a failsafe checking system.
Rather it is one component of a number of required strategies.
These practices need to include pre-employment reference checks, interview questions to prospective employees, orientation, induction, probationary periods, performance management, training and supervision.
Specific questions to consider are included on the slide.

14. Standard 5: Processes for responding to and reporting suspected child abuse
Does your organisiation comply with all legal requirements to report child abuse via OOO to appropriate authorities, when it is suspected that child’s safety is at immediate risk?
For example; All processes are clear, robust for reporting suspected abuse and Aboriginal people are supported, feel comfortable following them – referral and supports
Does your organisation have a process for outlining when and to whom a report must be made?
For example; Reporting to Leadership and authorities with all legal requirements
Does your organisation have a register of child safety reports including incident reports?
For example; Accurate recording keeping and actions taken, using incident reporting forms and all information securely stored.
Do you review your policies and practices around management and reporting of child safety?
For example ;Undertake timely reviews of child safety procedures and followed if child abuse occurs.
Does your organisation have disciplinary procedures around breaches of child safety policies and procedures are not appropriately followed and managed?
For example; Complaints process that is accessible for Aboriginal children and their families.
All of the following processes need to be clearly articulated in policies and procedures, communicated and implemented and regularly reviewed:
High quality and regular supervision for all staff of the organisation.
Professional development and training for all staff.
Performance management and disciplinary processes that are well articulated and communicated to all staff and applicants
Clear reporting processes
Clarity around roles and responsibilities for each level within the organisation
Support for children disclosing abuse
Specific questions to consider are included on the slide.

15. Standard 6: Strategies to identify and reduce or remove risks of child abuse
Does your organisation have a risk management plan that includes child safety aiming to reduce all risks posed by situations, activities, physical environments and risks regarding the needs of Aboriginal children?
For example;
Includes visits
Overnight stays
Camps
Programs
Community events
Does your organisation regularly review its risk management plan?
For example; Provision of cultural training to fill gaps in knowledge and awareness for non Aboriginal staff to mitigate identified risks 
Does your organisation have discussions around previous incidences of risk in relation to cultural safety to prevent future recurrences?
For example; Identify and address risks for Aboriginal children which may exist because of past experiences – a child may not feel as safe to identify as an Aboriginal person if there has previously been an inadequate response to their self-identification.
Organisations need a risk management approach.
This is needed to identify, address and manage risks to child safety, preventing abuse and intervening earlier.
Specific questions to consider are included on the slide.

16. Standard 7: Strategies to promote the participation and empowerment of children
Does your organisation include reporting procedures that are accessible to all Aboriginal children?
For example; Aboriginal children understand how to report allegations of abuse or concerns for their safety
Are Aboriginal children provided with a culturally safe environment to talk about their safety?
For example; Aboriginal children are taken seriously if they raise concerns
Do you consult with Aboriginal children about decisions that affect them in relation to their safety?
For example; Use of culturally appropriate ways of asking Aboriginal children if they feel safe, story time, yarning, cultural activities, art surveys.
How do you involve and promote child safety to Aboriginal children so they feel it is right to be safe and ways of staying safe?
For example; Child appropriate and accessible information about safety, rights to make decisions about their body, privacy.
Do your children receive a welcome pack with information on child safety, posters, access to recognised websites on safety?
For example; Use of culturally appropriate language, photographs and artwork for Aboriginal children and links to cultural safety and child safe information.
Strategies to promote the participation and empowerment of children are incredibly important. The Bringing Them Home Report (HREOC, 1997) and the Royal Commission into Institutional Responses to Child Sexual Abuse have both highlighted the dangers in children not having a voice, of not being heard and that if children are invisible they are unsafe.
Children’s rights need to be asserted and amplified in all areas of life that relate to them. Organisations need to foster a climate of transparency and openness as an important component to organisational child safety. Secrecy and closed systems allow for perpetrators to take advantage of vulnerable children and for this abuse to go unreported, unacknowledged and for there to be no healing opportunities for children who have suffered abuse.
Organisations need to create an environment that gives children a voice, ensuring there are processes for children to be heard, empowered and a visible and active part of the organisation. Multiple opportunities and a range of options for children to provide feedback to organisations should be provided.
Aboriginal children are less likely to engage, participate and tell anyone if they are feeling unsafe or being abused if they do not feel culturally safe. A child who is strong in their cultural identity is more likely to have a voice. A key principle of creating a child safe organisation is to ensure the voice of the child is heard and that children actively participate in the services provided by the organisation. Therefore ensuring children are strong in their identity will ensure they are better able to have a voice and participate in communicating when they feel safe and importantly when they do not feel safe.
For Aboriginal children Yarning Up circles can be a culturally appropriate way to seek feedback, and are likely to be better utilised than feedback forms. Also having different options of who children can provide feedback to, is important. These conversations are important and give young people a voice and empowerment and combat a culture of silence.
Specific questions to consider are included on the slide.

17. Building awareness of child abuse prevention and driving cultural change
Children’s rights need to be asserted and amplified in all areas of life that relate to them.
Organisations need to create an environment that gives children a voice, ensuring there are processes for children to be heard, empowered and a visible and active part of the organisation.
A child who is strong in their cultural identity is more likely to have a voice.
Therefore ensuring children are strong in their identity will ensure they are better able to have a voice and participate in communicating when they feel safe and importantly when they do not feel safe.
Building awareness of child abuse prevention and achieving cultural change requires an organisation wide approach including board members, CEO, direct service providers and those in non-client roles. Awareness and education is needed not just for board members and employees but also for volunteers and carers. This awareness raising and education needs to be provided in a culturally appropriate manner in relation to Aboriginal children.
The Child Wise and VACCA publication, Yarning Up About Child Sexual Abuse: A Guide for Aboriginal and Torres Strait Islander Parents and Carers is a useful resource. The publication sets out to help Aboriginal parents and carers of Aboriginal children prevent abuse and take steps to stop abuse that is happening. It includes sections on possible signs of sexual abuse, information about perpetrators, how to yarn with children about safety, normal sexual development in children, problem sexual behaviours and responding to children speaking up that they have been sexually abused. Importantly it talks about shame. Shame in an Aboriginal context also includes a sense of stigmatisation, inadequacy and low self-esteem. Children who have been sexually abused can experience shame, making it hard for children to talk about the abuse and parents and carers can feel shame that the abuse happened.

18. Further Information
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