Child Safety and Wellbeing Policy
| Policy name | Child Safety and Wellbeing Policy |
| Policy number | HRP024 |
| Date approved | 11 November 2024 |
| Approving body | Council |
| Responsible officer | Chief Executive Officer |
| Implementation officer |
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| Next review date | November 2027 |
| Related policies |
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| Related forms and documents |
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1. Purpose of this policy
This policy reflects and outlines the commitment of the Cairnmillar Institute (“the Institute”) to the wellbeing and safety of all children and young people in its community, and to creating and maintaining a child-safe, and child-friendly environment.
The Institute has a zero-tolerance policy to the abuse, harm and/or neglect of children in any form.
This policy informs all staff, volunteers and students at the Institute about everyone’s obligations to act safely and appropriately towards children and young people, and provides a framework for the Institute’s policies, processes and practices relating to the wellbeing and safety of children.
2. Scope
2.1 This policy applies to all staff, volunteers, students and Council Members, whether they regularly interact with children in the scope of their role or not.
2.2 The Institute requires that all contracted organisations and independent contractors comply with Child Safe legislation as part of their contractual agreements with the Institute. Individuals employed by contracted organisations are not considered employees of the Institute under the scheme, and are therefore not within the scope of this policy.
2.3 This policy applies in all environments used by children and young people when interacting with the Institute, including both physical and online environments, and all Institute offices and campuses, and while engaged in Institute activities even if offsite.
2.4 This policy should be read in conjunction with the Institute’s other child safety and wellbeing policies, procedures, and codes.
2.5 A concern related to child safety at the Institute can be reported by any person, regardless of whether they are engaged in activities at the Institute or not.
2.6 A concern can be raised about a current incident, or one that has occurred at any time in the past.
3. Statement of Commitment to Child Safety
3.1 The Institute is committed to providing the highest level of safety for all children and young people involved with the Institute. The Institute recognises the importance of providing a child-safe and child-friendly environment, and considers that the safety, wellbeing and health of children take priority over other any other competing considerations.
3.2 The Institute has a zero-tolerance policy to the abuse, harassment, neglect or mistreatment of children, and affirms that all children have equal rights to protection, safety and enjoyment, regardless of religious affiliation, gender or gender identity, sexuality, cultural background, disability, etc.
3.3 To support this zero-tolerance approach, the Institute will:
- Proactively identify, record, and mitigate any risks relating to the safety of children
- Proactively prevent and respond to any instances of racism, discrimination, harassment, abuse or mistreatment
- Take all reasonable steps to protect children and others who report child safety incidents
- Take child abuse allegations seriously, and act in accordance with the law
- Treat all children who make a disclosure of abuse with dignity and respect, and uphold their right to privacy
- Comply with any investigations from external agencies that relate to child abuse or child safety issues
- Ensure all staff have a valid Working with Children Check.
3.4 The Institute is committed to protecting children from abuse, mistreatment, harassment or neglect, and actively promotes the safety of children and respect for, and inclusion of, children’s views.
3.5 The safety of children is the shared responsibility between everyone in the Institute. Everyone who is involved with the Institute has a responsibility to be active in the protection of children and in reporting concerns about child abuse.
3.6 The Institute affirms its commitment to the inclusion of all children and confirms its commitment to listen to the views and opinions of children and young people. The Institute actively involves children in decision making, particularly in situations that will concern them, including their clinical care, their engagement in education, and when reporting concerns about child abuse.
3.7 The Institute is committed to the cultural safety of Aboriginal and Torres Strait Islander children, children of culturally and linguistically diverse backgrounds, and the safety and inclusion of LGBTQI+ children and children with disabilities.
4. Roles and Responsibilities
4.1 Staff, Volunteers and Other Adults
All staff, volunteers and adults identified as being under the scope of this policy will:
- Agree to, and act in accordance with the Child Safety Code of Conduct
- Participate in child safety and wellbeing induction and ongoing training provided by the Institute
- Raise relevant concerns with the Institute according to the reporting process outlined in this policy and related procedures
- Act in accordance with legal and professional obligations regarding reporting of child safety related matters, and be aware of their legal and professional obligations
- Implement practices that are inclusive, culturally safe and responsive to the diversity of children in the Institute’s community
- Not harm or exploit children who access the Institute’s Services
- Understand the rights of children, as appropriate to their role
- Respect the cultural and religious practices of children who access the Cairnmillar Institute
- Appropriately act on concerns raised by children
- Be aware of the signs, indicators, impacts and definitions of child abuse.
4.2 Executive Leadership Team
4.2.1 The Executive Leadership Team consists of the CEO and Provost, the Dean, the Director of Clinical Services, the General Manager and the Director of Finance.
4.2.2 The Executive Leadership Team of the Cairnmillar Institute will:
- Oversee the effective implementation of this policy within the Cairnmillar Institute
- Model a child safe culture that enhances the well-being of all children and facilitates the active participation of all children and young people
- Act as the first point of contact for child safety concerns or queries, and coordinate responses to child safety incidents
- Ensure adequate resources are provided within the Institute to embed relevant processes and procedures
- Establish and continually review the processes for identifying, recording and mitigating child safety risks
- Establish and continually review the processes for reporting and responding to suspected child abuse
- Implement and continually review recruitment processes aimed at enhancing child safety at the Institute
- Ensure that all employees have access to, and understand this document
- Ensure that changes to this document, child safety risks, and child safety risk mitigation strategies are communicated to all staff
- Champion, promote and enable inclusive practices that enhance the wellbeing and safety of children from diverse backgrounds and children living with disability
- Model and reinforce high standards of appropriate behaviours between children and adults
- Facilitate regular professional development (as appropriate) on issues relating to child safety, cultural safety, recognising and responding to abuse, and child wellbeing
- Promote a culture of open discussions around issues relating to child safety and wellbeing at all levels of the organisation, including staff, volunteers, students and the Institute’s broader community
- Seek the input of children, including children from diverse backgrounds on issues within the Institute that may impact them
- Promote a culture of open disclosure and enhance safety of those who raise concerns around child welfare and wellbeing.
4.3 CEO and Provost
4.3.1 The CEO and Provost will:
a) Contribute to the embedding of a strong and sustainable child safe culture within the Institute
b) Promote child safety initiatives, programs and issues within the Institute
c) Ensure adequate resourcing within the organisation for child safe initiatives
d) Ensure that management, supervision and recruitment procedures are child safe
e) Ensure processes are in place for monitoring and reporting on compliance with the Child Safety and Wellbeing Policy across the Institute.
4.4 Council
4.4.1 The Council will:
a) Promote and champion a child safe culture at the Institute
b) Ensure that child safety and wellbeing is regularly discussed at Clinic Review Committee meetings
c) Review and approve changes to Child Safety and Wellbeing Policies as appropriate.
5. Managing Risks to Child Safety and Wellbeing
5.1 The Institute recognises the importance of a risk management approach to child safety, while protecting children and young people’s rights to privacy, access to information and free use of Cairnmillar Activities.
5.2 Child safety is embedded within the Institute’s overall risk management approach.
5.3 Risks relating to child safety will be documented in the Institute’s Risk Register, along with strategies for mitigation of these risks. The risks and mitigation strategies will be reviewed by the Executive Leadership Team at least quarterly and following any major child safety events.
5.4 The Institute is committed to best practice record keeping about child safety incidents and concerns in accordance with Public Record Office Victoria Recordkeeping Standards (including minimum retention periods).
5.5 When keeping records of child safety incidents or concerns, the Institute maintains confidentiality and privacy for students and families in accordance with federal and state privacy legislation, and the Institute’s Privacy Policy.
6. Child Safe Code of Conduct
6.1 The Child Safe Code of Conduct clearly outlines the expectations of the Institute concerning respectful, child safe behaviours.
6.2 The Executive Leadership Team will review the Child Safe Code of Conduct at least annually, and may review the Code of Conduct at other times as appropriate (e.g. following an investigation).
7. Establishing a Culturally Safe Environment
7.1 The Institute’s Equity, Diversity and Inclusion Policy outlines its commitment and provisions to provide a culturally safe environment for all people, including children and young people.
8. Recruitment, Selection and Employment
8.1 Recruitment of staff will be made according to the Staff Recruitment and Selection Policy and Procedure. Recruitment processes aim to:
- Promote the safety of all children who engage with the Institute
- Ensure the competence of staff in filling roles which will provide service to children
- Identify and recruit appropriate candidates who share the Institute’s values and commitment to child safety
- Prevent a person from being involved with the Institute if they pose an unacceptable risk to children.
8.2 All staff will be required to provide a valid employee Working with Children Check and continue to hold a valid Working with Children check throughout their employment with the Institute.
9. Complaints and Reporting Process
9.1 Any adult who forms a reasonable belief that a sexual offence has been committed by an adult against a child under 16 has an obligation to report that information to the police. Failure to disclose the information to police is a criminal offence under Victorian law.
9.2 Any adult connected with the Institute who forms the reasonable belief that there is a substantial risk that a child who is under the care, supervision or authority of the Institute will become the victim of sexual abuse by an adult connected with the Institute and has, by reason of their power, role, or responsibility the ability to reduce that risk, is required by law to do so. Negligently failing to take steps to reduce this risk is an offence under Victorian law.
9.3 The Procedures for Responding to and Reporting Child Safety Incidents or Concerns outlines the processes and obligations for reporting child safety incidents and how the Institute will respond to these.
9.4 Our Child Safe Code of Conduct outlines clear expectations of appropriate child safe behaviour and standards.
9.5 Our Compliments, Feedback and Complaints Policy outlines how the organisation promotes the provision of, and openly solicits, feedback from staff, students and consumers, including children and children from diverse backgrounds.
9.6 The Compliments, Feedback and Complaints Policy outlines clear processes of investigation for any complaints or feedback received.
9.7 Age-appropriate resources on the complaints and reporting processes, this Child Safety and Wellbeing Policy, and the Child Safe Code of Conduct are disseminated to children who engage with the Institute and are publicly available on the Institute’s website.
9.8 Children and young people from diverse backgrounds are engaged in designing and refining pathways for complaints, compliments and feedback to ensure that they are child-friendly and appropriate for all members of the Institute’s community.
10. Empowering Children and Families
10.1 The Institute recognises the importance of empowering children and families to play a key role in their own safety, and empowering children and families to speak up about concerns they have.
10.2 The Institute will:
- Provide all children and families with information on how to provide feedback and raise concerns according to its Compliments, Feedback and Complaints Policy
- Provide children with age-appropriate information about their rights and responsibilities at the Institute
- Be transparent about the limits of confidentiality and times when information needs to be shared, and seek the views of children and families
- Provide age-appropriate information about the Institute’s services, including types of clinical care, to children
- Empower and model child appropriate communication and child-led decision making
- Allow diverse ways of providing feedback and input to the Institute
- Ensure that families are involved and actively engaged in decision making about their children
- Ensure Child Safe Policies, Procedures and information are made publicly available to families and communities via the website and matters relating to Child Safety are disseminated to families in communications from the Institute.
11. Communication and Child Safety Awareness
11.1 The Institute recognises the importance of communicating child safety issues and expectations of appropriate behaviour as well as embedding child safety practice across the Institute. The Institute commits to implementing human resource management and communications strategies that promote a culture of child safety.
11.2 All staff will be provided with this policy and asked to acknowledge the contents at induction/onboarding. For staff who were inducted prior to this policy, they will be provided with a copy via email, and the policy will be discussed at team and management meetings.
11.3 All staff will be provided with child safety awareness training at induction. For those who were inducted prior to implementation of the child safety awareness training, they will be required to complete the training 12 months after it is made available.
11.4 All staff will be provided with and required to sign off on agreeing to abide with the Child Safe Code of Conduct at Induction. For those who were inducted prior to the implementation of this policy, they will receive this policy and the Child Safe Code of Conduct via email and it will be discussed in team and individual meetings.
11.5 The Code of Conduct, child safety issues, and this policy will be regularly discussed in team meetings, supervision, and line management meetings.
11.6 The Institute will provide child safety information and updates through Campus newsletters and other communication pathways.
11.7 The Institute Executive Leadership Team will include child safety as a regular agenda item at Executive Team meetings and staff meetings.
11.8 Regular opportunities to upskill in child safety will be provided by the Institute to staff, and staff will be encouraged to consider upskilling in child safety when planning professional development each year in their annual evaluation.
12. Review of Child Safety Practice
14. Definitions and Acronyms
13. Breach of this Policy
12.1 The Institute is committed to continuous improvement of its Child Safe policies, procedures and processes.
12.2 The entire program will be reviewed by Executive Leadership at least annually and following major incidents.
12.3 The Institute will proactively seek and action feedback from staff, students, consumers and the Institute’s broader community on child safety.
12.4 Findings from investigations into Child Safety matters will be documented and embedded into the Child Safety Policy and/or relevant documentation in the child safety program.
13.1 The Institute enforces this policy, its Child Safety Code of Conduct and its Procedures for Responding to and Reporting Child Safety Incidents or Concerns. In an event that a breach of these procedures occurs, an internal investigation (following the Procedures for Responding to and Reporting Child Safety Incidents or Concerns) will be undertaken and may result in a range of measures including but not limited to:
- Remedial education
- Counselling
- Performance Improvement Plans
- Restriction of duties
- Increased supervision
- Suspension
- Termination of contract, employment, engagement, MOU, or other agreement.
| Aboriginal and Torres Strait Islander Child | A person under the age of 18 who:
a) Is of Aboriginal or Torres Strait Islander descent b) Identifies as Aboriginal or Torres Strait Islander c) Is accepted as being Aboriginal or Torres Strait Islander by the community in which they live or have lived. |
| Activity | Any educational activity, clinical appointment, event, program, and/or service, whether on a one-off basis or as part of a longer-term engagement, which is sanctioned or organised by the Cairnmillar Institute. |
| Adult | Any person aged 18 or over. |
| Child | Any person under the age of 18. |
| Child Abuse | Child abuse as defined by the Child and Wellbeing Safety Act, 2005 (Vic). It defines child abuse as:
Any act committed against a child involving: A sexual offence against a child A criminal offence of ‘grooming’ (which includes grooming of a child or of a person with care, supervision or responsibility for the child with the intention of facilitating the child being engaged or involved in the commission of a sexual offence) The infliction, upon a child, of physical violence or serious emotional or physical harm The serious neglect of a child, including exposure to family violence |
| Child in Need of Protection | As defined in the Child, Youth and Families Act 2005 (Vic), which defines it as:
Abandonment of a child by their parents, and no other suitable person can be found who is willing and able to care for the child The child’s parents are dead or incapacitated and no other suitable person can be found who is willing and able to care for the child A child who has been significantly harmed by physical injury, and whose parents have not or are unlikely to provide protection A child who has experienced significant harm as a result of sexual abuse, and whose parents have not or are unlikely to provide protection (including likely future sexual abuse, such as being exposed to grooming behaviours) A child who has experienced significant emotional or psychological harm, and whose parents have not or are unlikely to provide protection A child experiencing significant neglect. |
| Clinical Assessment | A clinical assessment refers to the use of a range of tools and methods by a healthcare professional in order to evaluate an individual’s functioning in a range of areas. |
| Clinical Intervention | An intentional action in a healthcare setting designed to elicit a change or outcome. |
| Informed Consent | A person’s decision, given voluntarily, to agree to something, including a healthcare treatment, an intervention or other activity. |
| Legal Guardian | A person who has been appointed by a court or otherwise has the legal authority to make decisions regarding a child. |
| Mandatory Report | The legal requirement of certain groups of people to report a reasonable belief of child physical or sexual abuse to child protection authorities. |
| Parent | Includes:
a) A biological mother or father of a child b) The spouse of a biological mother or father of a child c) The domestic partner of a biological mother or father of a child d) A person generally accepted as a parent of that child in the community in which the person lives or has lived. |
| Reportable Child Safety Concern | Reportable child safety concerns include:
a) Child Abuse (as defined in this policy) b) A child in need of protection (as defined in this policy) c) A criminal offence against a child, defined under the Crimes Act 1958 (Vic), such as: i. Sexual penetration or sexual assault of, or sexual activity in the presence of, a child under the age of 16, or a child aged 16 to 17 who is under the care, supervision or authority of the offender
ii. Grooming a child under the age of 16, or a child aged 16 to 17 who is under the care, supervision or authority of the offender
iii. Grooming an adult who has a child under their care, supervision or authority
iv. Encouraging a child under the age of 16, or a child aged 16 to 17 under the offender’s supervision, care or authority to engage in sexual activity
d) A practice to change the gender or sexual orientation of a child, as set out in the Change or Suppression (Conversion) Practices Prohibition Act 2021 (Vic) e) Any contravention of the Institute’s Child Safety Code of Conduct f) Serious psychological or emotion harm or serious neglect refer to harm or neglect that has long lasting, permanent effects. g) Significant harm or neglect involves harm that is more than trivial or insignificant, but need not be as high as “serious” and need not have a lasting permanent effect |
| Working with Children Check (WWCC) | A check for the suitability of working with children, under the relevant state or territory law. |
| Written Consent | A document outlining a person’s understanding of, and agreement to
the conditions contained within. |