Member Area Resources - Child Safety
State and Territories: Child Protection Policy
Please be advised that the information below is general, please seek independent advice for more specific information related to your business/ organisation.
If you feel there is a resource missing from this section, or you can't quite find what you're looking for, please contact the ACA Office on 03 9863 6822.
Page reviewed 9 September 2022
Jump to your relevant states information here:
ACA National COVID Overview
There are 10 Principles that were introduced in Feb 2019.
The National Principles are:
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Child safety and wellbeing are embedded in organisational leadership, governance and culture.
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Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously.
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Families and communities are informed and involved in promoting child safety and wellbeing.
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Equity is upheld and diverse needs are respected in policy and practice.
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People working with children and young people are suitable and supported to reflect child safety and well-being values in practice.
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Processes to respond to complaints and concerns are child-focused.
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Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
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Physical and online environments promote safety and well-being while minimising the opportunity for children and young people to be harmed.
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Implementation of the national child safe principles is regularly reviewed and improved.
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Policies and procedures document how the organisation is safe for children and young people.
Details of the National Principles are here.
Resources:
Self-assessment guide
Complaints Handling guide
The National Strategy to Prevent and Respond to Child Sexual Abuse 2021–2030
Contact:
National Office for Child Safety
NationalOfficeForChildSafety@pmc.gov.au
The guide supports professionals in their decision-making by:
- Focusing on critical factors
- Identifying the threshold for reporting concerns to Child Safety
- Identifying alternative and additional ways to support a family where the concerns do not meet the threshold
- Operationalising the Child Protection Act 1999 to ensure reporting obligations are met • providing details of local support services
- Providing a consistent and objective framework for analysing concerns
- Promoting shared principles, language and thresholds across the system.
It is not mandatory to use the Child Protection Guide when making decisions about where to refer or report child protection concerns. The guide is designed to complement critical thinking, and does not preclude or replace any course of action a professional reasonably believes is appropriate
Resources:
Child Protection Act 1999
Child Protection Guide
Contact:
Department of Communities, Child Safety and Disability Services: 3006 8826
https://www.qfcc.qld.gov.au/
The Children and Young Persons (Care and Protection) Act 1998 (the Care Act) establishes the primary legislative framework for child protection in NSW. The Children’s Guardian Act 2019 (Children’s Guardian Act) and the Child Protection (Working with Children) Act 2012 also include important legislative provisions relating to children.
Objects of the Care Act
The objects of the Care Act are contained in section 8, and provide:
(a) that children receive such care and protection as is necessary for their safety, welfare and wellbeing, having regard to the capacity of their parents to other persons responsible for them, and
(b) recognition that the primary means of providing for the safety, welfare and wellbeing of children and young persons is by providing them with long-term, safe, nurturing, stable and secure environments through permanent placement in accordance with the permanent placement principles, and
(c) that all institutions, services and facilities responsible for the care and protection of children provide an environment for them that is free of violence and exploitation, and provides services that foster their health, developmental needs, spirituality, self-respect and dignity, and
(d) that appropriate assistance is rendered to parents and other persons responsible for children and young persons in the performance of their child-rearing responsibilities to promote a safe and nurturing environment.
Principles of the Care Act
The overriding principle of the Care Act is that the safety, welfare and wellbeing of the child or young person must be paramount in all decisions concerning a child (section 9 of the Care Act). All agencies should work together to achieve this.
Subject to the paramountcy principle above, some of the other principles to be applied are:
(a) Children must be given an opportunity to express their views freely and those views given due weight in accordance with the developmental capacity of the child.
(b) Account must be taken of the culture, disability, language, religion and sexual orientation of the child.
(c) In deciding what action is necessary to take to protect a child, the course to be followed must be the least intrusive intervention.
(d) If a child is unable to remain in their family environment, they are entitled to special protection and assistance from the State and their name, identity, language, and cultural and religious ties should be preserved.
(e) If a child is placed in out-of-home care (OOHC), they are entitled to a safe, nurturing, stable and secure environment.
The Convention on the rights of the child is the main international human rights treaty on children’s rights, which Australia ratified in 1990. The Care Act principles reflect the CRC. For example, the first Care Act principle refers to children being allowed to express their views which is also a guiding principle of the CRC.
Contact:
NSW Health Child Wellbeing Unit 1300 480 420
Resource:
Children and Young Persons (Care and Protection) Act 1998
Mandatory Reporter Guide
Child Wellbeing and Child Protection Policies and Procedures for NSW Health
https://www.acyp.nsw.gov.au/
Child and Youth Protection Services (CYPS) has a statutory responsibility to support children, young people and families requiring care or justice response. In doing this CYPS works to deliver good client outcomes by providing a response that focuses on:
- Diversion
- Protection
- Restoration
- Transition and Permanency
- Trauma Informed Practice
CYPS is the statutory child protection agency which services the ACT region. CYPS has legislative responsibility under the Children and Young People Act 2008 for facilitating and coordinating services across government for the care and protection of children and young people believed to be at risk of harm. This involves assessing risk and working with families and other professionals to resolve issues that compromise the safety and wellbeing of children and young people. CYPS provides a continuum of service delivery to children and young people considered ‘at risk’ of serious abuse and harm.
Contact:
Resources:
Keeping Children and Young People Safe
Children and Young People Act 2008
Crimes Act 1900
https://hrc.act.gov.au/childrenyoungpeople/
The Children, Young Persons and Their Families Act 1997, is strongly based on the United Nations Convention on the Rights of the Child and reflects the view that all efforts should be directed towards accurately balancing assessment of safety and risk with strengthening positive aspects in the individual, family and community systems.
Responsibilities under the Act involve a wide range of people as well as a wide range of possible options in promoting the care and protection of children and young people. These include community education, prevention and early intervention, support to families, partnership building with children, young people, families and community-based services as well as legal intervention and placement of children in either short-term or longer term out of home care.
The object of the Act (Section 7) is to provide for the care and protection of children in a manner that:
- maximises a child's best interests
- recognises that a child's family is the preferred environment for care and upbringing; and
- recognises that the responsibility for the protection of a child rest primarily with the child's parents and family.
The Principles to be observed in Dealing with Children (Part 1A) outlines in detail the principles that must be upheld when working with children and families under this Act. The Principles include:
- responsibility of Government
- role of the child's family
- treating the child with respect
- best interests of the child
- child participation, and
- Aboriginal children
Contact:
Resources:
Children, Young Persons and Their Families Act 1997
https://www.childcomm.tas.gov.au/
Victorian law requires organisations that work with children to meet the Child Safe Standards by 1 July 2022.
(This is in addition to Working With Children & Police Checks)
It is important to protect campers and staff and to send strong positive signals about the expectations of the behaviour of campsite staff. ‘Staff’ includes casual and part-time staff, volunteers and contractors. Working with Children Checks or the local equivalent have limitations and are just one method of ensuring campers are protected. It is necessary therefore to ensure staff understand that they must behave in a way that:
- eliminates inappropriate behaviour, and
- reduces the likelihood of behaviour being misinterpreted.
Written policies need to be prepared to assist staff in the general daily organisation as well as during activities. The policies should be designed to protect both the clients and business staff. Issues to be addressed include:
- business staff entering camper bedrooms and toilets
- business staff being alone with a client
- adjustment of activity gear when worn by clients such as harnesses
- inappropriate touching
- relationships between staff and clients.
Victoria’s Child Safe Standards are a mandatory framework to protect children and young people from harm and abuse.
The new standards are:
Standard 1
Organisations establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued.
Click here for details about Child Safe Standard 1
Standard 2
Child safety and wellbeing is embedded in organisational leadership, governance and culture.
Click here for details about Child Safe Standard 2
Standard 3
Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.
Click here for details about Child Safe Standard 3
Standard 4
Families and communities are informed and involved in promoting child safety and wellbeing.
Click here for details about Child Safe Standard 4
Standard 5
Equity is upheld and diverse needs respected in policy and practice.
Click here for details about Child Safe Standard 5
Standard 6
People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
Click here for details about Child Safe Standard 6
Standard 7
Processes for complaints and concerns are child-focused.
Click here for details about Child Safe Standard 7
Standard 8
Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
Click here for details about Child Safe Standard 8
Standard 9
Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
Click here for details about Child Safe Standard 9
Standard 10
Implementation of the Child Safe Standards is regularly reviewed and improved.
Click here for details about Child Safe Standard 10
Standard 11
Policies and procedures document how the organisation is safe for children and young people.
Click here for details about Child Safe Standard 11
The Child Safe Standards (the Standards) commenced in Victoria in January 2016. After five years, we have seen how the Standards improve safety for children and young people.
Changes are being made to make our Standards even stronger. Organisations covered by the current Standards will need to comply with updated Standards from 1 July 2022. Until then, the current Standards apply.
Access Resources to support you to meet the Child Safe Standards here.
Contact:
Commission of Children and Young People
Resources:
Guide for Creating a Safe Organisation
http://www.ccyp.vic.gov.au/
Within SA your child safe environments policy must:
- show staff, volunteers, parents, guardians, carers, children and young people that your organisation is committed to the safety and wellbeing of children and young people
- set out appropriate standards of behaviour and practices for people working and volunteering with children and young people — that is, a Code of Conduct
- increase staff and volunteer awareness of the risk of harm to children and young people and the strategies in place to minimise them
- build staff and volunteer knowledge of how to identify if a child or young person is, or may be, at risk of harm and respond appropriately (including reporting where relevant)
- be relevant to the size, nature and resources of your organisation.
Contact:
Department of Human Services:
Phone 8463 6468
Email dhs.childsafe@sa.gov.au
Resources:
Guideline to writing policy
A child safe environments compliance statement
Child Safety Act 2016
Safe Environments – Through Their Eyes training
Mandatory Reporting Guide
Safeguarding Children and Young People Policy- DHS
https://www.ccyp.com.au/
In 2014 the Commissioner commenced a project to encourage and support the implementation of principles and practices of child safe organisations in WA. The Commissioner developed a range of resources which reflect the ten National Principles for Child Safe Organisations endorsed by the Council of Australian Governments.
Contact:
Commission for Child and Young People
Phone (08) 6213 2297
Resources:
WA Child Safe Self Review and Checklist for Organisations
Commissioner for Children and Young People Act 2006
Child Safe Organisations Guide
https://www.ccyp.wa.gov.au/
In the NT, the commissioner is an independent statutory position established under provisions contained in the Children’s Act 2013 (the Act).
The Commissioner has six core functions which include:
Dealing with complaints about services provided to children.
Undertaking investigations or inquiries related to systemic issues impacting on the care and protection of vulnerable children.
Monitoring the response of Territory Families to allegations of the abuse of children while they are in out-of-homecare.
Promoting an understanding of and informing public discussion about the rights, interests and wellbeing of vulnerable children.
Monitoring the administration of the Care and Protection of children Act as far as it relates to vulnerable children.
Contact:
https://occ.nt.gov.au/
Resource:
Care and Protection of Child Act 2007
