Documente Academic
Documente Profesional
Documente Cultură
CONTENTS
1
BACKGROUND ....................................................................................................................4
SCOPE .................................................................................................................................4
PROCEDURES ....................................................................................................................4
4.1
REPORTING CHILD SEXUAL ABUSE.....................................................................4
4.1.1 RESPONSIBILITIES OF TEACHING STAFF................................................4
4.1.2 RESPONSIBILITIES OF NON-TEACHING STAFF.......................................6
4.1.3 RESPONSIBILITIES OF PRINCIPALS: MANDATORY REPORTS ..............6
4.1.4 RESPONSIBILITIES OF PRINCIPALS: REPORTS MADE BY NONMANDATORY REPORTERS ........................................................................7
4.2
REPORTING OF PHYSICAL, PSYCHOLOGICAL/EMOTIONAL ABUSE OR
NEGLECT .................................................................................................................8
4.2.1 RESPONSIBILITIES OF ALL STAFF ............................................................8
4.2.2 RESPONSIBILITIES OF PRINCIPAL............................................................8
4.3
REPORTING ALLEGATIONS OF ABUSE PERPETRATED BY STAFF ..................9
4.3.1 REPORTING PROCEDURE FOR ALL STAFF ...........................................10
4.3.2 REPORTING PROCEDURE FOR PRINCIPAL...........................................10
4.4
REPORTING ALLEGATIONS OF SEXUAL ABUSE PERPETRATED BY A CHILD
................................................................................................................................11
4.4.1 SEXUAL ABUSE PERPETRATED DURING SUPERVISED SCHOOL
ACTIVITIES .................................................................................................11
4.4.2 CONSENSUAL SEX BETWEEN CHILDREN..............................................12
4.5
REPORTING SEXUAL HARASSMENT..................................................................12
4.5.1 SEXUAL HARASSMENT BY A STUDENT .................................................12
4.5.2 SEXUAL HARASSMENT BY STAFF ..........................................................12
4.6
ELECTRONIC COMMUNICATION AND IMAGES .................................................13
4.6.1 STAFF CONDUCT AND ELECTRONIC COMMUNICATION .....................13
4.6.2 CHILD ABUSE PERPETRATED VIA ELECTRONIC COMMUNICATION ..13
4.7
REPORTING BY NON-DEPARTMENT PROVIDERS ............................................13
4.8
RESPONDING TO DISCLOSURES OF CHILD ABUSE ........................................14
4.8.1 ACTING ON A SUSPICION WHEN THERE IS NO DISCLOSURE ............14
4.8.2 REPORTING FAMILY AND DOMESTIC VIOLENCE..................................15
4.8.3 SUPPORTING CHILDREN AFFECTED BY ABUSE...................................15
4.9
INFORMING PARENTS WHEN A CHILD ABUSE REPORT HAS BEEN MADE ...15
4.10 INFORMING PARENTS WHEN A CHILD ABUSE REPORT HAS NOT BEEN
MADE ......................................................................................................................16
4.11 RECORD KEEPING AND DOCUMENTATION ......................................................16
4.12 COLLABORATION AND CASE MANAGEMENT....................................................17
4.13 CONFIDENTIALITY ................................................................................................17
4.14 PROTECTION AND SUPPORT FOR EMPLOYEES WHO REPORT CHILD
ABUSE ....................................................................................................................18
4.15 PHYSICAL CONTACT FOR THE CARE AND PROTECTION OF STUDENTS .....19
4.16 CHILDREN IN THE CARE OF THE CEO OF THE DEPARTMENT FOR CHILD
PROTECTION.........................................................................................................19
4.17 CHILD PROTECTION PROFESSIONAL LEARNING (CPPL)................................20
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
DEFINITIONS .....................................................................................................................22
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX H
APPENDIX I
APPENDIX J
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
POLICY STATEMENT
All staff employed by the Director General are responsible for the care, safety and
protection of children. This responsibility extends to the identification and timely
response to concerns regarding the possible sexual, physical, psychological and
emotional abuse or neglect of a child.
BACKGROUND
The Department of Education (the Department) is committed to the care, safety and
protection of all children attending public schools.
This document explains the actions to be taken by staff to protect children in
circumstances where abuse is suspected or when allegations of child abuse are
made against staff, children or other people in the community. Procedures for
reporting sexual abuse are made in accordance with the Children and Community
Services Act 2004.
All staff have an important role in the identification and reporting of child abuse and
the provision of support and assistance to children who have been abused.
Child protection and the prevention of child abuse is an across government initiative
and a shared community responsibility. This policy recognises that the best interests
of children will be met by collaborating with or engaging the expertise of other
government departments or non-government agencies in accordance with existing
protocols.
SCOPE
This policy applies to all Department staff including those who:
PROCEDURES
4.1
4.1.1
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Guidelines
Mandatory reporters who fail to report sexual abuse can be fined up to $6,000. A person can
be prosecuted within three years after failing to make a report. Failing to report sexual abuse
may also be considered a breach of the Departments Discipline policy.
A belief formed on reasonable grounds that a child has been abused or neglected may be
based on but is not limited to:
The belief may be based on a number of child protection concerns that form the reasonable
grounds that have been documented over time using the School Recording Form for
Disclosures and Observations of Child Abuse and Actions (Appendices A and B).
If a decision to report has not been made, teachers must document all observations
and consultations on the School Recording Form for Disclosures and Observations
of Child Abuse and Actions (Appendix B) and provide to the principal for storage.
If an immediate decision to report has been made on the basis of a disclosure,
observation of indicators or information received, teachers must:
report a belief formed on reasonable grounds of sexual abuse where the belief
is formed during the course of paid or unpaid work as a teacher;
make the written report using the School Reporting Form for Child Abuse
(Appendix C);
lodge the report with MRS;
inform the principal that a report will be or has been made;
if the principal is absent from the school, inform the person in charge that a
report has been made; and
report to the Director Schools if the principal is the alleged perpetrator or may
be biased towards the person alleged to be responsible for the abuse.
Teachers must follow one of the following reporting processes to the MRS:
Teachers must lodge reports with the MRS by one of the following pathways:
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Guidelines
4.1.2
If a teacher believes that a report of sexual abuse which provides identical information
has been lodged by another member of staff, it is not necessary to make their own
report.
It is recommended that a verbal report be made to MRS before lodging a written report.
The Departments School Reporting Form for Child Abuse (Appendix C) can be used
to make a written report to MRS.
A mandatory reporter may report direct to MRS via the DCP website
www.mandatoryreporting.dcp.wa.gov.au and complete the Mandatory Report (Sexual
Abuse) form. (Note that this form is slightly different to the Departments form.)
Prior to lodging a report of sexual abuse, a teacher may consult with the local DCP or
MRS duty officer, principal, colleagues, student services staff and district education
office staff.
A teacher may consult with the Standards and Integrity Directorate (SID) if the alleged
sexual abuse concerns a staff member.
The teacher can add information to the mandatory report by quoting the receipt
number or childs name to MRS.
The reporter is not required to store their own copy of the report. DCP will store the
report.
See Appendices E and F for more information on school supports and agencies.
4.1.3
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Guidelines
Supporting a teacher to make a verbal report may include providing teacher relief or a private
room to make a phone call.
School nurses are mandatory reporters and will follow reporting procedures in accordance
with Department of Health guidelines.
The principal is not required to make their own mandatory report if a report has already been
made.
Chaplains should be informed of the need to advise the principal of child protection concerns.
When there is concern for the safety of a staff member who has made a report, the principal
may contact the relevant district education office to develop a support plan (for example,
Manager, District Operations).
See Appendix D for summary of reporting procedures.
The Online Incident Report is made through the Online Incident Notification System which
can be found on the Departments Intranet.
4.1.4
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
4.2
4.2.1
Guidelines
Where an immediate decision to report occurs after a disclosure or observation of indicators,
it is not necessary to document concerns on the School Recording Form for Disclosures,
Observations of Child Abuse and Actions (Appendix B).
The principal may complete documentation on behalf of the staff member.
Concerns may involve children enrolled at another school who are involved in the school
activity.
School activities may take place either on or away from school premises, and either during or
outside of school hours.
4.2.2
RESPONSIBILITIES OF PRINCIPAL
Principals must:
forward all child protection reports to the local DCP office and request
acknowledgment that the report has been received;
report child protection concerns that may involve criminal behaviour to
WA Police;
seek advice from DCP or WA Police as appropriate prior to informing the
parent;
complete an Online Incident Report, print and store securely; and
store all documentation securely and separately from the childs school
records.
Guidelines
Reporting physical, psychological/emotional abuse and neglect to DCP may be delegated to
a deputy principal who needs to keep the principal informed of all actions taken.
In small schools where there is no deputy principal, the principal may delegate reporting of
abuse other than sexual, to the next person in charge.
Criminal behaviour to be reported to WA Police includes:
assault, for example, unwanted physical contact;
female genital mutilation or female circumcision.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Prior to making a report the principal may seek advice from the local or regional DCP duty
officer, or district education office student services, including the social worker or school
psychologist, school nurse or Manager District Operations.
4.3
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
4.3.1
10
Guidelines
4.3.2
An allegation may concern behaviour of a staff member towards a child who is enrolled at
the reporters school or another school.
The allegation may concern the behaviour of a staff member towards a child during or
outside of school hours.
An employee may consult with their line manager, Manager of District Operations or SID.
If dissatisfied with the response of the authority who received the allegation, the staff
member can report to the next level such as the Director Schools or SID.
Under the Public Interest Disclosure Act 2003 an employee may also report allegations of
misconduct direct to the Departments Public Interest Disclosure Officer, WA Police or
Corruption and Crime Commission via its website www.ccc.wa.gov.au. SID can also
provide advice on reporting under the Public Interest Disclosure Act 2003.
report to the Director Schools who informs the Director General of all actions
taken;
report to the DCP local office and WA Police Child Abuse Squad if physical
assault is involved;
follow the reporting procedure in section 4.1 if sexual behaviour is alleged;
report to the parent/carer only on the advice of DCP or WA Police;
contact SID as soon as practicable to seek instructions in relation to
management of the allegation; and
lodge an Online Incident Report, print and store securely.
Guidelines
Under the Disputes and Complaints policy, some incidents can be managed at the local level.
Advice should be taken from SID when deciding to respond to a report. For further
information see the Disputes and Complaints policy.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
4.4
11
4.4.1
arrange for the safety and supervision of the alleged victim and the person
alleged to have committed the abuse;
establish that a mandatory report will be made;
notify WA Police (when appropriate);
seek advice from the MRS on informing the alleged victims parent;
contact the alleged victims parent to inform of the event and action taken;
if medical attention is required, obtain the parents agreement prior to
contacting emergency services;
arrange support for others affected by the incident;
lodge an Online Incident Report, quote receipt number of the mandatory report;
and
develop a School Support Plan for Reported Abuse (Appendix G).
Guidelines
The MRS will inform the Child Abuse Squad who in turn will advise the parent of the person
alleged to have committed the abuse.
If the principal receives a report from a non-mandatory reporter, then they become the
mandatory reporter and immediately lodges a report with the MRS.
In rural and remote areas, it is adviseable to also make a report to the local police service.
If the principal is absent, an incident of forced sexual contact must be reported to the MRS by
the next person in charge.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
4.4.2
12
4.5
4.5.1
reported to MRS where the behaviour leads to the belief formed on reasonable
grounds that sexual abuse has occurred; and
managed as a breach of school discipline according to each schools
Behaviour Management Plan, as required by the Behaviour Management in
Schools policy.
Guidelines
To lodge a complaint of sexual harassment against another student, both students must be
aged from 16 years under the Sex Discrimination Act 1984 (Cth). Complaints can be made to
the Australian Human Rights Commission.
The legal age of responsibility under the Equal Opportunity Act 1984 is 18 years of age.
Where a student is old enough to anticipate that their actions would cause distress to a
person, an intention 'not to harm' is no defence.
When a criminal offence has been committed, depending on the alleged persons age and
mental capabilities, victims have a right to make a police report.
Implementing behaviour management strategies does not preclude a report being made to
DCP where the behaviour is considered to be an indicator of child abuse.
4.5.2
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
13
under section 25 of the Equal Opportunity Act 1984, Complaints can be made to the
Equal Opportunity Commission; and
under section 28F of the Sex Discrimination Act 1984 (Cth), Complaints can be made
to the Australian Human Rights Commission.
4.6
4.6.1
4.6.2
4.7
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
4.8
14
reassure the child that telling was the right thing to do;
put words in the childs mouth, push for details or conduct an investigation as this could
jeopardise the interviewing process of DCP and WA Police;
stop the child from talking once there are reasonable grounds for forming a belief that
abuse occurred;
acknowledge that the child has been heard and stop further disclosure;
be supportive and gently indicate that they can talk in a more private situation;
quietly arrange to see them as soon as possible; and
listen attentively in a private location within the school.
Staff should be aware that a disclosure can arouse personal feelings of shock, anger and
helplessness. It is important to conceal these feelings; they can be worked through after the
disclosure. Support is available to employees of the Department through student services or
counselling may be arranged through the the Prime Employee Assistance Program
(08 9492 8900 Freecall 1800 674 188). Metropolitan and country regions are serviced.
4.8.1
A child who is being subjected to abuse and has not disclosed, may be experiencing
emotional and psychological distress which could affect their behaviour and learning.
If there is a concern about a child but the staff/child relationship is not favourable to
offering support, advise the principal or student services team.
Continue to observe the child and document using the School Reporting Form for
Disclosures, Observations of Child Abuse and Actions (Appendix B).
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
4.8.2
15
4.8.3
4.9
In cases where the alleged victim and person alleged to have committed the abuse
remain on the school grounds, where practicable the alleged offender should be
removed from contact with the alleged victim.
Support will be determined by the needs of the child and the capacity of student
services or other agencies to provide services.
Staff involved in a supportive role should take into account culture, religion, disability
and maturity of the child.
Where appropriate, the child should be involved in decisions that directly affect them
and provided with information about what will happen.
In cases where criminal conduct has been reported, the support of district office staff
and student services managers should be accessed by the principal.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
16
inform the parents of the support available to them and their child.
Guidelines
For further information see the Departments Child Protection website at
www.det.wa.edu.au/childprotection.
4.10
INFORMING PARENTS WHEN A CHILD ABUSE REPORT HAS NOT BEEN MADE
Parents must not be informed:
that physical or behavioural indicators have been observed in their child which
have led to a concern of possible child abuse;
of a suspicion of family and domestic violence; or
of an intention to make a report concerning their child to DCP, WA Police or
SID.
Guidelines
A parent may be the perpetrator of abuse. To inform the parent of a concern of possible child
abuse may alert them and pose a further risk to the child.
Observations can be discussed with parents in order to seek further information without
alerting them to suspicions of child abuse.
4.11
Principals must:
keep written records of all communication with DCP, WA Police or SID and
subsequent actions using the School Support Plan for Reported Abuse
(Appendix H);
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
17
Guidelines
When an immediate decision to make a report is made on the basis of a disclosure or
observation, it is not necessary to complete the School Recording Form for Disclosures,
Observations of Child Abuse and Actions.
It is not necessary for the teacher to keep the report. The receipt number issued by the MRS
is proof that a report has been made. However, the teacher may choose to keep their own
copy of the mandatory report off school premises for future reference.
In cases of alleged sexual abuse, only the School Recording Form for Disclosures,
Observations of Child Abuse and Actions (Appendix B) and the School Support Plan
(Appendix G) can be stored securely by the principal, separately to the students file.
On request, photocopies of child protection documents may be sent to a childs next school,
provided they are sent direct to the principal and marked confidential.
Documentation kept by staff may be required by DCP, WA Police and SID in their
investigations (see the Court Appearances and Production of Documents policy)..
4.12
4.13
CONFIDENTIALITY
When a disclosure of child abuse is made, confidentiality must not be promised and
whenever possible the child must be informed about who will be involved and the
actions that may be taken.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
18
Where there is suspected or alleged abuse or misconduct, staff must not disclose or
make use of the information in a manner that breaches confidentiality under Sections
23 and 129 of the Children and Community Services Act 2004 and s242 of the
School Education Act 1999.
All information held by the school must be provided to DCP, WA Police and SID
upon request and doing so does not breach confidentiality under Sections 23 and
129 of the Children and Community Services Act 2004 or s242 of the School
Education Act 1999.
Guidelines
Professional confidentiality is protected when staff provide information in the best interests of
the child regarding possible child abuse to Department staff or agencies who are directly
involved in responding, investigating or supporting the child.
Staff may consult with other Department staff, provided this is carried out in a confidential
manner.
If reports are made in good faith and with the best interests of the child in mind, staff are
protected from a breach of professional confidentiality by qualified privilege. However,
qualified privilege does not extend to general discussion or disclosure of information in the
staffroom, or with other parents or members of the general community.
The Children and Community Services Act 2004 overrides other legislation that governs the
exchange of information between agencies in the best interests of a child.
4.14
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
19
4.15
4.16
Guidelines
Children in the care of the CEO of DCP are often vulnerable and at greater risk of poor
educational achievements and outcomes than their peers. Poorer educational achievements
can have negative implications for childrens social and emotional wellbeing and their
employment and economic options in later life. DCP and the Department recognise their
shared responsibility to increase the educational opportunities and outcomes for all children
in the CEOs care. Each of these students are identified as being at educational risk and
have a Documented Plan that is developed in collaboration with DCP in accordance with the
Memorandum of Understanding between the Department and DCP.
The school community is a key resource for children at risk of poor social and educational
outcomes and important in assisting children to establish positive relationships with
significant adults, mentors and peers. Continuous same school attendance can provide
children in care with stability and consistency, and support their social and emotional
development.
A child in care is a child who is in the care of the CEO of DCP. Under Section 30 of the
Children and Community Services Act 2004, a child is defined as being in the CEOs care if
the child is:
DOE staff Principal, Deputy Principal, Teacher, Education Assistant, School Nurse,
School Chaplain, Aboriginal Islander Education Officer, School Psychologist;
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
4.17
20
DCP staff Case Manager, Clinical Psychologist, Education Officer, Child Protection
Worker Placement Services, Aboriginal Practice Leader, Senior Practice
Development Officer, Team Leader, District Director and Assistant District Director;
carers and significant others carer, the childs parents or extended family and
community representatives.
4.18
4.19
PREVENTION PROGRAMS
The principal must implement preventive curriculum for all students.
Guidelines
In response to the Gordon Inquiry (2002), the Department is required to report on compliance
with the requirement to introduce protective behaviours into the school curriculum.
Preventive programs can be part of the health and wellbeing curriculum, and are fundamental
to achieving the best outcomes for all children and empowering children who have
experienced or are at risk of experiencing harm resulting from abuse and/or neglect (see
www.det.wa.edu.au/childprotection).
The principal may collaborate direct with the Curriculum Directorate, DET Child Protection
Coordination Team, DCP, Family and Domestic Violence Unit (DCP), WA Police, Department
of Health, Department of Corrective Services and non-government agencies in the selection
and implementation of prevention programs.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
21
5.1
5.2
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
22
DEFINITIONS
CHILD
A person who has not reached the age of 18.
CHILD ABUSE
Occurs when a child has been subjected to physical, sexual, emotional or
psychological abuse and/or neglect which has resulted or is likely to result in harm to
the childs wellbeing. It may involve ongoing, repeated or persistent abuse, or arise
from a single incident.
CHILD PROTECTION CONCERN
A concern about the welfare of a child based on the observation of indicators or
information that may lead to a belief formed on reasonable grounds that a child has
been the subject of abuse.
CONFIDENTIALITY
The protection of personal, private and sensitive information. Professional codes of
conduct and the Departments Staff Conduct policy reinforce the importance of
protecting an individuals privacy.
DOCUMENTED PLAN
A support document for schools and teachers as they plan, monitor, assess and
evaluate teaching and learning programs that are personalised for students.
DUTY OF CARE
A duty imposed by the law to take care to minimise the risk of harm to another.
EMOTIONAL/PSYCHOLOGICAL ABUSE
The sustained, repetitive and ongoing maltreatment by a parent/carer or person in
authority to a child through behaviours including threatening, belittling, teasing,
humiliating, bullying, neglecting, ignoring, isolating, misleading and encouragement
to engage in inappropriate behaviour.
MANDATORY REPORTER
All doctors, nurses, midwives, police and teachers who form a belief during the
course of their work, either voluntary or paid are mandatory reporters. For the
purposes of the legislation, teacher is defined as any person registered with the
Western Australian College of Teaching (WACOT) or with provisional registration, or
who has a limited authority to teach (LAT) and is working as a teacher.
TAFE lecturers with WACOT registration or a limited authority to teach who deliver
an educational program on a school site or in a TAFEWA college are mandatory
reporters.
Staff who have WACOT registration but are not working as teachers, are not
mandatory reporters but are required under this policy to report child sexual abuse to
the principal.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
23
b)
except in Sections 9(2), 10(b), 25, 27, 38(1) and Division 2 Part 2 where it only has
the meaning given by paragraph (b).
In s25 of the School Education Act 1999, responsible person in relation to a student
means:
a)
b)
in the case of a student who has turned 18 or is a prescribed child, the child; or
c)
a person whose details have been provided under Section 16(1)(b)(ii)(II) which
states any adult person, not being a parent, who is responsible for the child.
PHYSICAL ABUSE
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
24
STAFF
All employees of the Director General of the Department, including both teaching
and non-teaching staff.
TEACHING STAFF
Administrators, principals, deputy principals, teachers, heads of schools, heads of
departments, program coordinators, coordinators and heads of learning areas. Other
classes of teaching staff include staff who hold a teaching qualification recognised by
the Department and are employed as teachers.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
25
CONTACT INFORMATION
Child Protection Coordination Team
Department of Education
151 Royal Street
East Perth WA 6004
T:
9264 8994
W:
det.wa.edu.au/childprotection
E:
Child.Protection@det.wa.edu.au
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
26
When reporting:
principal;
line manager;
a member of the student services team;
school nurse;
DCP duty officer,
Mandatory Reporting Service (for cases involving possible sexual abuse); or
Child Protection Coordination Team.
If you remain unsure you must continue to document observations, information and
consultations on the School Recording Form for Disclosures, Observations of Child Abuse and
Actions (Appendix B).
Forming a Child Protection Concern
A child protection concern may occur over a period of time or may be formed immediately due to a
disclosure or presence of clear indicators.
Suspicion
Immediate belief
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
APPENDIX B SCHOOL RECORDING FORM FOR DISCLOSURES, OBSERVATIONS OF CHILD ABUSE AND ACTIONS
Do not print your name on this form. Provide to principal for secure storage.
RECORD FOR (Childs name)
School
DATE/TIME
Principal
Consultation with
whom and date
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public Sector Management Act 1994 (WA) and are therefore to be
observed by all Department of Education employees.
28
*Reporters Name
Profession
*Workplace address
or *Other Address for
response to report
Contact Phone No
Is this a written report
following a telephone
report?
Fax No
No
Yes
If yes
MRS receipt number
Date of report
Time of report
2. DETAILS ABOUT THE CHILD (If more than one child is involved, record their names in section 5.)
*Childs first name (or description
of child if name unknown)
Date of birth
Male
Cultural Identity
Interpreter required
Address
Suburb/Town/Location
Home Phone
Current residence of the
child/young person
School/pre-school attended or
child care service or
arrangement etc (family day
care/nanny etc) (if known)
Yes
Postcode
Mobile
Last Name
Suburb/Town/Location
Mobile
Do you know if this person is known to DCP?
No
Yes
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
29
5. DETAILED REPORT
Provide details of the grounds for your belief that a child has been the subject of physical,
emotional/psychological abuse or neglect.
Under s124C(3)(d) of the Children and Community Services Act 2004, you must provide details
of the grounds for your belief that the above named child has been the subject of sexual abuse
or is the subject of ongoing sexual abuse.
You may also provide information that you think is of concern and has informed your belief that
child abuse is alleged to have occurred or is likely to occur. Attach additional page if required.
Yes
No
7. SIGNATURE
______________________
Reporters signature
__________________________
Principals signature (optional)
Mandatory reports
Email: mrs@dcp.wa.gov.au
Note: Sexual abuse that occurred before
Fax:
1800 610 614
1 January 2009 is not a mandatory report
Post: Mandatory Reporting Service
but must be reported to the local DCP office.
PO Box 8146
PERTH BC WA 6849
The MRS operates 24 hours a day, seven days a
week.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
APPENDIX D
Staff
Teaching
Staff
(Mandatory
reporters)
NonTeaching
Staff
(Non
Mandatory
reporters)
Reporting physical,
psychological, emotional abuse
or neglect
Step 1 Suspicion of abuse
Document observations,
information, disclosures on
School Recording Form and
provide to principal for
storage.
Step 2 When a belief is formed on
reasonable grounds:
may consult prior to reporting;
report to principal/manager.
Document observations,
information, disclosures on
School Recording Form and
provide to principal for
storage.
May consult prior to reporting.
Document observations,
information, disclosures on
School Recording Form and
provide to principal for
storage.
May consult with SID prior to
Document observations,
information, disclosures on
School Recording Form and
provide to principal for storage.
Report to principal/manager or SID.
If allegation concerns principal,
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public Sector Management Act 1994 (WA) and are therefore to be
observed by all Department of Education employees.
Principal
Report to principal/manager.
Principal or reporter
completes School Reporting
Form for Child Abuse.
reporting.
Report to principal/manager or
SID.
If allegation concerns
principal, report to Director
Schools. Principal or reporter
completes School Reporting
Form for Child Abuse.
Report psychological or
emotional abuse to Standards
and Integrity Directorate.
Report physical abuse to:
WA Police;
SID;
Director Schools; and
DCP.
Lodge Online Incident Report.
Print and store securely.
Report to:
WA Police;
SID;
Director Schools; and
MRS.
Lodge Online Incident Report and
quote MRS receipt number. Print
and store securely.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public Sector Management Act 1994 (WA) and are therefore to be
observed by all Department of Education employees.
E.2
E.3
33
APPENDIX F AGENCIES
F.1
F.2
F.3
GENERAL PRINCIPLES
The Children and Community Services Act 2004 is based on the following principles:
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
F.4
DCP officers may remove a child from the school for an interview if they have
the permission of the parent.
If parental permission is not given, DCP officers will apprehend the child.
Principals should check that these conditions have been met before allowing
the removal of a child from school.
Verbal communication is adequate but principals must document the
conversation and details of the DCP officers (see section 4.11).
MEDICAL EXAMINATION
F.7
DCP has the authority under the Children and Community Services Act 2004 to
interview a child at school before contact is made with the parent.
DCP will advise the principal of their intention to interview a child on school
grounds.
The principal should sight the DCP officers identification.
The principal will be informed of the actions planned by DCP.
If DCP interviews a child on the school grounds without the parents
knowledge, the child may be asked if they would like a trusted staff member to
be with them. This person must be over 18 years of age. An Aboriginal child
may prefer a person from his or her community to act as a support. If a staff
member is reluctant to act as a support, an alternative should be arranged.
The support person should be briefed by DCP about their role before the
interview.
F.6
F.5
34
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
35
DATE
BY WHOM
FOLLOW UP
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
36
Consider the childs age, developmental level, maturity and level of care
required, for example, touching a child to gain their attention, guiding or
comforting a distressed child.
Work in an open environment; for example, in confidential interviews or a
one-to-one meeting, the door should be open with visual access. Exceptions
apply for professions with strict confidentiality requirements.
Be alert to cues from students about how comfortable they are in your
proximity and respect their need for personal space.
Be sensitive when interacting with students who may misinterpret your actions,
such as those students who may have been traumatised by abuse or
adolescents seeking attention from a member of the opposite sex.
Be aware of cultural norms that may influence the interpretation of your
behaviour towards students.
Be cautious about physical contact in games or practical instruction. If you
need to make physical contact for demonstrations, explain the activity and
what you will do, maintain a safe and appropriate distance.
Physical contact should be made in a way that makes students feel
comfortable, for example, shaking hands, a congratulatory pat on the back or
with young children by gently guiding them or holding their hand for
reassurance. Physical contact such as stroking hair or limbs, or allowing a
student to sit on your lap should be developmentally appropriate and in full
public view. It may be appropriate for a very young child who is distressed but
can never be justified for an older student in any circumstance. Massaging a
student or allowing a student to massage you is inappropriate physical contact.
The use of images of students as screen savers or backgrounds on personal
electronic devices is not appropriate. The collection and storage of
photographs of students must be for educational purposes.
Be aware that the giving and receiving of gifts, giving extra attention, accepting
a different standard of behaviour from a child or having special time with a
child must be appropriate and justified as a strategy to meet teaching and
learning outcomes.
Be aware that talking about sex or making comments of a sexualised nature,
when outside the sexual health curriculum, is unprofessional. This behaviour
may be perceived as sexual harassment, misinterpreted and/or cause distress
to a child.
Obtain parental permission when meeting with students off the school grounds
for outside of school activities.
The provision of your personal contact details should be justified in terms of
educational purposes.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
APPENDIX I
37
COMPLETING DOCUMENTATION
When documenting child protection concerns staff should be aware that records can
be subpoenaed by the court as evidence. If in doubt, you can consult with the
principal, student services or DCP.
The principal may complete documentation on behalf of the staff member who
reports physical, psychological, emotional abuse or neglect.
The principal may complete documentation for a non-teachers concerns regarding
sexual abuse.
The teacher reporting child sexual abuse must complete documentation. The
principal must not do this on their behalf.
When recording information, staff should record observations and factual information
about what they have seen such as:
pronouns, for example, he, she, it, etc. use the names of people; and
probably or possibly only use these terms if there is a reasonable degree of
certainty.
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
38
Effective
Date
Last Update
Date
8 April 2009
8 April 2009
Policy
version
no
TRIM number
2.7
26 November
2013
2.7
Notes
Child Protection
All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.