Draft Child and Young Person Protection Policy

PEOPLE AND CULTURE POLICY

CHILD AND YOUNG PERSON PROTECTION POLICY Date of adoption: Effective date:

Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

Child and Young Person Protection Policy

Contents

Table of Contents ......................................................................................................................................................... 1 CHILD and young person PROTECTION Policy ............................................................................... 1 1. POLICY......................................................................................................................................... 3 1.1 Purpose ...................................................................................................................................... 3 1.2 Scope ...................................................................................................................................... 4 1.3 Definitions ............................................................................................................................... 4 1.4 Designated Public Authority .................................................................................................... 6 1.5 Barred Status of Workers Employed by Council ...................................................................... 6 2. PRACTICE.................................................................................................................................... 6 2.1 Statement of Commitment ....................................................................................................... 6 2.2 Child Safe Principles and Standards for Organisations ........................................................... 6 2.3 Children’s Participation ............................................................................................................ 7 2.4 Working with Children Checks ................................................................................................. 7 2.5 Procedures for Handling Allegations of Reportable Conduct ................................................... 7 2.6 The Role of the Office of the Children’s Guardian ................................................................... 8 2.7 Responsibilities of Staff Positions ............................................................................................ 8 2.7.1 Responsibilities of All ............................................................................................................................................ 8 2.7.2 Head of Agency or Entity ...................................................................................................................................... 8 2.7.3 Directors, Managers, Child Protection Officers, Coordinators and Team Leaders ................................................ 9 2.7.4 People and Culture ............................................................................................................................................. 10 2.7.5 Employees, volunteers and contractors are accountable for: .............................................................................. 10

3. Mandatory Reporters and the Mandatory Reporters Guide (MRG) .............................................. 11 3.1 Mandatory Reporting Risk of Significant Harm ...................................................................... 11 3.2 Further Support ..................................................................................................................... 11 3.3 Rights of Appeal .................................................................................................................... 12 3.4 Privacy .................................................................................................................................. 12 3.5 Record Keeping & Documentation ........................................................................................ 12 3.6 Relevant legislation and additional resources ........................................................................ 12 4. Risk of Significant Harm Flowchart.............................................................................................. 13 Policy Information ........................................................................................................................... 13

Owner: Executive Services - People and Culture Last revised: July 2020 Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

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Child and Young Person Protection Policy

1. POLICY In an emergency, where there are urgent concerns for the child or young person’s health or life, it is important to contact the Police, using the emergency line ‘000’.

1.1 Purpose The objective of this policy is to provide a safe, caring and nurturing environment for children and young people living in and visiting the City of Canada Bay council area. The City of Canada Bay provides support and services to the community to promote child safety and ensure those using Council’s services comply with all obligations under the NSW Child Protection Legal Frameworks including Mandatory Reporting, recruitment and selection and responding to allegations of risk to children including allegations pertaining to Council Staff members and reportable conduct.

The key principle which underpins the Children and Young Persons (Care and Protection) Act 1998 is that all children and young people have rights and that it is a fundamental human right to feel safe and be safe at all times. The paramount consideration of the Children’s Guardian Act 2019 is: The safety, welfare and wellbeing of children, including protecting children from child abuse, is the paramount consideration in decision making under this act and the regulations and in the operation of this Act and the regulations generally. (Part 3 Section 7) The community expects that when using any of the services and facilities of City of Canada Bay, that Council will ensure their children and young people will not be placed at risk of harm, and will be protected from all forms of abuse, including sexual, physical, psychological abuse and neglect. Council expects the same level of respect and professionalism from all employees.

All actions undertaken by Council will be underpinned by the Child Safe Principles and Child Safe Standards identified by the Royal Commission (2017).

Council will: •

Ensure all employees (as defined by the NSW Children’s Guardian Act 2019 in the definitions section), engaged with Council: –

have undergone appropriate referee and probity checks, have a valid Working with Children Check clearance number (where they hold an identified position) and are not Prohibited Persons as described in the Child Protection (Prohibited Employment) Act 1998,

–

receive appropriate training and are aware of their responsibilities and obligations in relation to the various pieces of child protection legislation and Council’s policy and associated procedures, and

–

understand they have a duty to report any suspected risk of harm to a child or young person (See Risk of Harm Flowchart).

–

Understand that if they are a designated Mandatory Reporter (see definition below) they are aware of their obligations and legal responsibilities and their role in the protection and care of children and young people.

•

Ensure the prompt implementation of procedures which are confidential and transparent when investigating and responding to allegations of “reportable conduct” as defined under Part 4 of the Children’s Guardian Act 2019.

•

Ensure all suspected cases of child abuse and neglect, which come to the notice of Council, either observed by employees in the course of their duties or reported to staff, will be reported in accordance with the relevant legislative requirements.

•

Provide information, support and education to the community regarding child safety and family wellbeing services.

Owner: Executive Services - People and Culture Last revised: July 2020 Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

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1.2 Scope This Policy is effective from 1 Jul 2020. It replaces Council’s previous Child Protection Policy 2006.

This policy applies to all Council employees (including casuals), Councillors (Elected Members), work experience participants, students, volunteers, consultants, contractors and sub-contractors and facility hirers who work in or utilise Council buildings and facilities used by children and young people or by the general public or those who provide services to the community that receive funding in whole or part from Council.

1.3 Definitions •

Abuse: a term used to refer to different types of harm or maltreatment. In this document it refers to types of harm or maltreatment that children and young people experience, including; physical and psychological harm, sexual assault and misconduct, grooming, exposure to domestic violence and prenatal risks.

•

Child: a person who is under 16 years of age (Section 3 of the Children and Young Persons (Care and Protection) Act 1998).

•

Child-related employment: Employment that primarily involves direct contact with children and young people in a child related sector, or work in a stipulated, child – related role (Part 2, Section 6 of the Child Protection (Working with Children) Act 2012).

Council identified key positions that have direct contact with children and young people to which this policy is particularly relevant includes, but is not limited to: –

Child Care Centre employees

–

Library Service employees

–

Leisure Centre employees

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Employees participating in regular external local events and programs which involve children and young people

–

Community users and facility hirers for child focussed activities in or on Council property.

•

Child Safe Organisation: An organisation in which child safety is embedded in planning, policy and practices and where the voices of children and young people are valued and actioned.

•

Child Safe Working Group: The City of Canada Bay team made up of representatives from across Council, who oversee the identification, implementation and creation of policies, procedures and actions that enable Council to meet its objectives as a child-safe organisation.

•

DCJ: The Department of Communities and Justice (DCJ) commenced on 1 July 2019.

The NSW Government brought together the Departments of Family and Community Services and Justice. The new Department will enable services to better work together to support everyone's right to access justice and other help for families, and strengthen the promotion of early intervention and inclusion, with benefits for the whole community. The DCJ is the NSW Government Agency responsible for the care and protection of children and young people.

•

Employee: As defined by the NSW Children’s Guardian Act 2019, employee means any person who is employed by Council, whether or not they are employed to work directly with children, as well as anyone from outside Council who is engaged to provide services to children such as agency employees, contractors, volunteers and students on placement.

•

Head of Agency: For the purposes of the NSW Children’s Guardian Act 2019 the Council’s head of agency is the General Manager.

•

Identified Position: Is a role within Council or Council’s users and stakeholders, which has been identified as working directly or indirectly with children or young people.

•

Mandatory Reporter: Mandatory Reporting is the legal obligation for a person who, in the course of his or her professional work or other paid employment delivers health care, welfare, education,

Owner: Executive Services - People and Culture Last revised: July 2020 Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

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children’s services, residential services, or law enforcement, wholly or partly, to children (and managers in organisations providing such services). This is regulated by the Children and Young Persons (Care and Protection) Act 1998. It is a criminal offence for a Mandatory Reporter to fail to report abuse where they have a reasonable belief that abuse has, or is likely to, occur.

•

Mandatory Reporter Guide (MRG) is a Structured Decision Making (®SDM) tool intended to complement Mandatory Reporters' professional judgment and critical thinking.

•

Neglect: a term used to refer to a pattern characterised when a Parent or Caregiver cannot regularly provide a child or young person the basic requirements for his or her growth and development such as food, clothing, shelter, medical and dental care, adequate supervision, hygiene and adequate parenting and care.

•

Prohibited Person: Someone who has been convicted of a serious sex offence or a person who is a registrable person within the meaning of the Child Protection (Offenders Registration) Act 2000 as defined under Part 1 section 5 of the Child Protection (Prohibited Employment) Act 1998.

•

Reportable Allegation: For the purposes of the NSW Children’s Guardian Act 2019 Part 4 Division 2 Section 18 (2) means an allegation that the employee of a Public Authority:

•

◦

(a) if the employee holds, or is required to hold, a Working with Children Check clearance for the purpose of employment with the public authority—an allegation that the employee has engaged in conduct that may be Reportable Conduct, whether or not the conduct is alleged to have occurred in the course of the employee’s employment, or

◦

(b) if the employee is not required to hold a Working with Children Check clearance for the purpose of employment with the public authority—an allegation that the employee has engaged in conduct that may be Reportable Conduct, unless the conduct is alleged to have occurred outside the course of the employee’s employment with the public authority.

Reportable Conduct: For the purposes of the NSW Children’s Guardian Act 2019 Part 4 Division 2 Section 20 Reportable Conduct means the following conduct, whether or not a criminal proceeding in relation to the conduct has been commenced or concluded— (a) A sexual offence, (b) Sexual misconduct, (c) Ill-treatment of a child, (d) Neglect of a child, (e) An assault against a child, (f) An offence under section 43B or 316A of the Crimes Act 1900, (g) Behaviour that causes significant emotional or psychological harm to a child.

•

Risk of Significant Harm: Concern/s about a child or young person that are sufficiently serious to warrant a response by a statutory authority irrespective of a family’s consent. It is something that is not minor or trivial and that may be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety, welfare or wellbeing. In addition, it can result from a single act or omission or an accumulation of these. Risk of Significant Harm is the NSW threshold to report child protection concerns to the DCJ via the Child Protection Helpline and/or Child Story.

•

Working with Children Check: The WWCC is a requirement for anyone who works or volunteers in child-related work in NSW. The check provides either clearance to work with children for five years, or a bar against working with children. Employment may also be dependent upon the results of a national police check and review of finding of misconduct involving children.

•

Young Person: someone who is aged 16 years or above but who is under the age of 18 years.

Owner: Executive Services - People and Culture Last revised: July 2020 Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

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1.4 Designated Public Authority The City of Canada Bay is a Local Government Authority and considered a Public Authority. For the purposes of the NSW Children’s Guardian Act 2019 Part 4 Division 2 Section 14.

1.5 Barred Status of Workers Employed by Council The City of Canada Bay policy is not to employ any person for child or young person related work (paid or unpaid) if the outcome of their online verification is: •

Barred

•

Interim barred

•

Not found

Should a check or continuous monitoring of a verification result in a barred status, the worker, if currently working in a child or young person related role, will be removed from that role immediately. The matter will be referred to the General Manager for determination which, depending on the circumstances, may also result in termination of employment.

2. PRACTICE 2.1 Statement of Commitment The City of Canada Bay is a Child Safe Community that recognises and advocates for the rights of children and young people. Our policies and procedures aim to reduce the likelihood of harm to children, to increase the likelihood of identifying and reporting harm and respond appropriately to disclosures, allegations or suspicions of harm.

We believe that it ‘takes a village to raise a child’ and that protecting the vulnerable in our community is everybody’s responsibility, including parents and families, the greater community, non-government organisations and government organisations such as Local Councils. The City of Canada Bay is committed to the recruitment and training of its staff in being aware of potential issues, seeking to prevent harm and responding appropriately to suspected risks posed to children and young people. This includes all staff, volunteers, contractors and partners in the work of the City of Canada Bay. We support the UN Declaration on the Rights of the Child and adhere to the Children and Young Person (Care and Protection) Act 1998 and the Children’s Guardian Act 2019. This is supported by the NSW Office of the Children’s Guardian Child Safe Principles as implemented through the Child Safe Standards and the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse Final Report 2017.

2.2 Child Safe Principles and Standards for Organisations This Policy reflects Council’s commitment to: The Office of the Children’s Guardian’s Principles for Child Safe Organisations (2017): Principle 1: The organisation focuses on what is best for children Principle 2: All children are respected and treated fairly Principle 3: Children’s families and communities are welcome and encouraged to participate in the Organisation.

Principle 4: Children receive services from skilled and caring adults.

The Child Safe Standards identified by the Royal Commission (2017): 1. Child safety is embedded in institutional leadership, governance and culture.

2. Children participate in decisions affecting them and are taken seriously.

Owner: Executive Services - People and Culture Last revised: July 2020 Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

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3. Families and communities are informed and involved.

4. Equity is upheld and diverse needs are taken into account.

5. People working with children are suitable and supported.

6. Processes to respond to complaints of child sexual abuse are child focused.

7. Staff are equipped with the knowledge, skills and awareness to keep children safe through continual education and training.

8. Physical and online environments minimise the opportunity for abuse to occur.

9. Implementation of the Child Safe Standards is continuously reviewed and improved.

10. Policies and procedures document how the institution is child safe.

2.3 Children’s Participation The City of Canada Bay supports the active participation of children in the programs, activities and services we offer. We provide a range of ways to allow children to provide feedback or raise concerns. We listen to their views, respect what they say and involve them when we make decisions, especially about matters that will directly affect them.

2.4 Working with Children Checks When advertising for new employees the following process applies: •

If the position has been deemed to be child or young person related employment all advertisements for the position are to include the following statement: “Appointment to this position is subject to a Working with Children Check being conducted under the terms of the Child Protection (Prohibited Employment) Act 1998. Prohibited persons are not eligible to apply.”

•

Before an offer of employment is made to the preferred applicant in relation to any child or young person-related employment, a Working with Children Check verification must be carried out by People and Culture.

•

Failure to comply with screening or to make a false disclosure is an offence. It is also an offence to employ a prohibited person and for a prohibited person to remain in child or young person related employment.

•

If any existing employee is required to work in areas, other organisations or events that require WWCC clearance, Council will reimburse the cost of the WWCC. An employee who does not have a cleared WWCC cannot undertake those additional duties.

2.5 Procedures for Handling Allegations of Reportable Conduct Principles of Procedural Fairness All handling of allegations actions will be underpinned by the principles of procedural fairness, which includes: •

Taking necessary steps to protect the person who made the allegation at all times.

•

Making reasonable inquiries or investigations before making a decision.

•

Ensuring any allegation of Reportable Conduct being investigated as discreetly as possible.

•

Ensuring that no person decides a case in relation to which they have a Conflict of Interest.

•

Acting fairly and without bias.

•

Conducting the investigation without undue delay.

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Giving an opportunity to be heard in relation to any allegations made against them.

•

Ensuring the outcome is supported by evidence.

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•

Advising the employee of the outcome of the investigation and any action to be taken.

•

Providing access to an appeals process through the industrial relations process or to the Ombudsman, where the employee has a complaint about the way the agency has handled the investigation into the allegation.

2.6 The Role of the Office of the Children’s Guardian The Office of the Children’s Guardian works to improve the safety of children in NSW by helping organisations, employers and individuals understand the meaning, importance and benefits of being child safe. Their legislative responsibilities include the Reportable Conduct Scheme, which provides a framework for the oversight of how organisations respond to reportable allegations that have been made against their employees.

2.7 Responsibilities of Staff Positions 2.7.1 Responsibilities of All •

All employees/volunteers/contractors are to be aware of, and sensitive to, children and young people’s age, skill and ability, gender identity, family structure, socio economic background, life experience, culturally and linguistically diverse or indigenous backgrounds and cultural practices, without deviating from the underlying principles and intent of Council’s Child and Young Person Protection Policy.

•

All employees/volunteers/contractors must disclose any alleged misconduct which constitutes or involves Reportable Conduct by another employee/volunteer/contractor of which they are aware to their Supervisor/Manager/ Child Protection Officer, who will in turn, notify the General Manager.

•

Any allegation of Reportable Conduct made by a child or young person, or their parents or caregivers against any employee/volunteer/contractor must be reported to their Supervisor/Manager/Child Protection Officer, who will in turn report it immediately to the General Manager.

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All employees/volunteers/contractors are required to disclose if they have a conviction of Reportable Conduct.

•

If any advice is received from another Council, agency or organisation that an employee/volunteer/contractor of Council is under investigation for alleged Reportable Conduct, that agency is to be informed that Council is obliged by law to advise the Office of the Children’s Guardian of such an allegation and this should be reported immediately through your Supervisor/Manager/Child Protection Officer up to the General Manager.

2.7.2 Head of Agency or Entity The General Manager, as the Head of Agency, is required to notify the Office of the Children’s Guardian of reportable allegations and convictions against their employees, investigate the allegation, advise the Office of the Children’s Guardian of the outcome and take appropriate action to prevent Reportable Conduct by employees.

The General Manager is required to: •

be informed by the guidelines as set out in The Office of The Children’s Guardian Factsheets: 1. Identifying Reportable Allegations 2. Head of entities and reportable conduct responsibilities 3. Risk Management following a reportable allegation 4. Planning and conducting an investigation 5. Recognising and managing conflicts of interest 6. Keeping Records

Owner: Executive Services - People and Culture Last revised: July 2020 Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

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7. Disclosing information to children, parents and carers.

8. Making a finding of reportable conduct 9. Information for employees 10. Information for employers •

Ensure specified systems are in place for preventing, detecting and responding to reportable allegations or convictions;

•

Ensure physical and online environments minimise the opportunity for abuse to occur;

•

Notify the employee/contractor/volunteer that an allegation of Reportable Conduct has been made against them.

•

Ensure the Child Protection Officer and/or Manager of the business area in which the allegation is made has consulted the Mandatory Reporter Guide (MRG) to assess whether a child or young person is at Risk of Significant Harm (ROSH) and a Risk Assessment should be undertaken.

•

Make a notification to the Office of the Children’s Guardian within 7 business days of becoming aware of a reportable allegation and/or conviction against an employee or entity;

•

As soon as practicable after receiving the reportable allegation/conviction, arrange for it to be investigated/determined;

•

Complete the investigation within a reasonable time, having regard to the principles of procedural fairness and the mandatory considerations outlined in Division 6 of the Act;

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Provide information about the allegation, the progress of the investigation and the finding and action taken to the alleged victim and their parent/carer unless the Head of the relevant entity considers that it is not in the public interest to do so;

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By 30 calendar days after the Head of the Agency becomes aware of the reportable allegation, provide either a finalised entity report or an update (an interim report, reasons the investigation has not been completed and an estimated time of completion);

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Make a finding of reportable conduct if satisfied, on the balance of probabilities, that the case against the employee the subject of the reportable allegation has been proved;

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Provide information to the Children’s Guardian that the Guardian requires under relevant provisions of the act, which may include information about the reportable allegation, the relevant entity’s response to a reportable allegation, and systems for preventing and responding to reportable allegations;

•

Ensure an appropriate level of confidentiality of information relating to reportable allegations and only disclose information about the allegations in circumstances permitted by the Act or other legislation;

•

A final Risk Assessment should be undertaken at the end of an investigation.

•

At the end of the investigation of a reportable allegation, the Head of Agency must send a report to the Office of the Children’s Guardian that enables the Office of the Children’s Guardian to determine whether the investigation was carried out in a satisfactory manner and whether appropriate action was or can be taken.

2.7.3 Directors, Managers, Child Protection Officers, Coordinators and Team Leaders Responsibilities of Directors, Managers, Child Protection Officers, Coordinators and Team Leaders are to: •

Model appropriate workplace behaviours and monitor the work environment to ensure acceptable standards of conduct are observed at all times.

•

Ensure a Risk Assessment is completed prior to undertaking any workplace activity with children and young people.

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•

Ensure all employees are equipped with the knowledge, skills and awareness to keep children and young people safe through continual education and appropriate training in how to identify and respond to children and young people at Significant Risk of Harm.

•

Treat all complaints seriously, equitably and confidentially, taking immediate action to investigate and resolve allegations.

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Determine existing and emerging child-related roles within the organisation supported by People and Culture.

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Notify People and Culture at least 24 hours prior to the engagement of any non-Council employee involved in child or young person related work so the appropriate verification check can be undertaken.

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Notify the General Manager of any reportable allegation (Director/Manager/Child Protection Officer only).

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Consult the Mandatory Reporter Guide - MRG (Child Protection Officer/ Manager only of the Business area in which the allegation arose).

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Maintaining and Reviewing the Council’s Complaints Management and Handling Policy, Recruitment Policy, Disciplinary Policy, Code of Conduct and Council Values statements as they may relate to this Policy.

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Provide appropriate services and training to the staff and community regarding Child Safety.

•

Communicate this policy and promote issues of Child Safety though Council’s media platforms, websites and resources.

2.7.4 People and Culture The City of Canada Bay will maintain a rigorous and consistent recruitment, screening and selection process.

People and Culture are accountable for: •

Including Council’s Statement of Commitment in all recruitment advertisements and position descriptions.

•

Reviewing policies and procedures to reflect the requirements of legislation and this Policy.

•

Informing and consulting with staff regarding Working with Children requirements

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Supporting managers to determine child and young person-related roles within the organisation and for the ongoing management of the process

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Verifying the worker’s Working with Children Check status

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Keeping a record of employee’s clearances including Working with Children Check number, its expiry date and the date of the employer’s verification

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Including Child Safe and/or Child Protection training as part of the on-boarding process for all staff.

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Conducting internal investigations where required.

2.7.5 Employees, volunteers and contractors are accountable for: •

Attending Child Protection training as requested

•

Acting in accordance with the Child Protection (Working with Children) Act 2012

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Applying for and maintaining a Working with Children Check clearance number and providing it to People and Culture if the role is deemed child or young person related

•

Applying for and maintaining a Working with Children Check clearance number, when they are not employed by Council, and providing the clearance number to the person who engaged them in child related work

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•

Complying with Council’s policies and practices

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Being aware of child safe practices and what constitutes a reportable allegation.

•

Notifying People and Culture of any reportable allegation or conviction of which they are subject to.

•

Ensuring their contact details are up to date, including any name or address change to www.kidsguardian.nsw.gov.au within three months of the change occurring.

3. Mandatory Reporters and the Mandatory Reporters Guide (MRG) Mandatory reporting is the legal obligation for a person who, in the course of his or her professional work or other paid employment delivers health care, welfare, education, children’s services, residential services, or law enforcement, wholly or partly, to children (and managers in organisations providing such services).

All employees working within Children’s Services, Library Services and Leisure Centres (including line management) are considered by Council as mandatory reporters.

3.1 Mandatory Reporting Risk of Significant Harm Where there are concerns that a child or young person is suspected to be at risk of significant harm, staff who are ‘Mandatory Reporters’ are legislatively required to report these concerns to the Department of Communities and Justice (DCJ) Child Protection Helpline.

There are two ways you can make a report to the Child Protection Helpline if you suspect risk of significant harm.

•

By eReport through the ChildStory Reporter website

•

By calling the Child Protection Helpline on 132 111

Before making an eReport or calling the Child Protection helpline Mandatory Reporters are encouraged to consult the Mandatory Reporter Guide (MRG) to assess whether a child or young person is at risk of significant harm (ROSH). The Child Protection Officer/Manager of the business area in which the allegation is made is the preferred Council representative responsible for consulting the Mandatory Reporter Guide (MRG).

The MRG is located at the following link https://reporter.childstory.nsw.gov.au/s/ The Mandatory Reporter Guide (MRG) is a Structured Decision Making (®SDM) tool intended to complement mandatory reporters' professional judgment and critical thinking.

The MRG supports Mandatory Reporters in NSW to: •

Determine whether a report to the Child Protection Helpline is needed for concerns about possible abuse or neglect of a child or young person; and

•

Identify alternative supports for vulnerable children, young people and their families.

The MRG does not prevent Mandatory Reporters from taking any course of action they believe is appropriate or from continuing to support or respond to the needs of the child or young person who is the subject of the report in the course of their work (s.29A of the Care Act).

The MRG incorporates proven design principles that help focus on the most critical pieces of information for the decision at hand through a set of ‘decision trees’ and definitions. It works by posing specific questions in each decision tree that help Mandatory Reporters work systematically through the issues relating to their concerns about a child or young person. At the end of each decision tree process, a decision report guides Mandatory Reporters as to what action to take.

3.2 Further Support Council understands that it is a stressful time for all parties involved during an investigative process, including for the children or young people to whom the report relates, those who initially reported the allegation, those

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who the allegation was made against, parents/guardians of the child/young person, and those conducting the investigation.

Employees are reminded that the Council’s Employee Assistance Program (EAP) is available to provide a professional and confidential counselling service. If you do not have the details of Council’s EAP provider please contact People and Culture for details.

If you are unsure as to what action you should undertake or clarification on your responsibilities in regard to working with children and young people, contact the Council’s designated Child Protection Officers for advice and assistance.

Council will ensure parents/guardians are provided with an internal Council representative as a single point of contact throughout the investigation process, and endeavour to provide information on, and point to, available external support programs and agencies.

3.3 Rights of Appeal Employees and parents/guardians are to be reminded that if they are not satisfied with the outcome and/or the way in which the investigation was conducted they have the right to follow this matter up with the Office of the Children’s Guardian.

3.4 Privacy Employees/volunteers/contractors need to be aware of the legislative requirement to report serious matters involving child protection to external authorities. As such, confidentiality cannot be guaranteed if there is a legislative requirement to disclose the information. However, we can assure privacy in handling the matter and that only those with an identified need to know will be advised and have access to the records.

3.5 Record Keeping & Documentation All information regarding investigations (meetings, contacts, discussions, copies of notifications to the Children’s Guardian etc.) must be recorded and stored indefinitely on the appropriate secured employment file. Where a reference number is given by NSW Department of Communities and Justice, it must be kept on record. A record of reporting reference numbers is to be kept for all reports to NSW Department of Communities and Justice as confirmation to ensure the Mandatory Reporting requirements are met. Any incident which has a risk of a future claim against Council should be notified to the Risk Management Officer.

Please ensure all identifying information is removed from the correspondence.

3.6 Relevant legislation and additional resources •

Children’s Guardian Act 2019

•

NSW Legislation\NSW legislation - Child Protection (Working with Children) Act 2012.pdf

•

NSW Legislation\NSW legislation - Child protection Working with Children Regulation 2013.pdf

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NSW Legislation\NSW legislation - Child Protection Offenders Registration Act 2000.pdf

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NSW Legislation\NSW legislation - Privacy and Personal Information Protection Act 1998.pdf

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https://www.kidsguardian.nsw.gov.au/child-safe-organisations/reportable-conduct-scheme/fact-sheets

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NSW Legislation\NSW legislation - Crimes Act 1900.pdf

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Local Government (State) Award 2017

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Council’s Code of Conduct

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The Child Wellbeing & Child Protection - NSW Interagency Guidelines (the Guidelines) provide practical guidance on interagency cooperation in child protection.

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https://www.kidsguardian.nsw.gov.au/ for information on how to be a child safe organisation.

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4. Risk of Significant Harm Flowchart Employee

informs

• Identifies or becomes aware of possible risk of significant harm to a child or young person.

• Ensures immediate health & wellbeing of child or young person

Supervisor

informs

• Document details • Informs Education Department (Child Care Centres only) • Conducts preliminary enquiry

Manager

informs

• Assesses severity • Arranges investigation if required • Consults the MRG/ Child Protection Officers • Follows up with reports to Departmenr of Communities and Justice and Children's Guardian etc after investgiation findings.

HR & General Manager • HR - Conducts investigation • Prepares investgation report for Manager • GM notifies Office of the Children's Guardian within 7 days of any reportable allegation with investigation concluded within 30 days and report finalised.

Policy Information Policy Name:

Child and Young Person Protection Policy

Date Policy Adopted: This Policy Replaces:

Child Protection Policy 2006

Policy Owner:

Manager People and Culture

Policy Prepared By:

Executive Services – People and Culture

Policy Review Date:

July 2020

Next Review Date:

July 2021

1a Marlborough Street, Drummoyne NSW 2047 Owner: Executive Services - People and Culture Last9911 revised: July Fax 20209911 6550 www.canadabay.nsw.gov.au Tel 6555

Document Set ID: 6706202 Version: 1, Version Date: 31/07/2020

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