Approval Date: 6 November 2023

Background

The Child Safe Standards (the Standards) are part of the response to the 2013 Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations (the Betrayal of Trust Inquiry). 

The Standards were introduced via amendment to the Child Safety and Wellbeing Act 2005; and from January 2017, all Victorian organisations, which provide services for children, were required to comply with the Standards.

Since this time, Council has been committed to creating an organisation which is safe, inclusive and supports participation of all children and young people regardless of their abilities, gender, religion, sexual orientation or social, economic or cultural background. Council has worked towards compliance with the Standards, which were updated in 2022, and the Reportable Conduct Scheme. 

The Child Safe Standards 

The Standards were legislated to commence from July 2022. Key changes included the requirement to: 

involve families and communities in the organisations efforts to keep children and young people safe;

provide a greater focus on safety for Aboriginal children and young people;

manage the risk of child abuse in online environments;

have greater clarity on governance, systems, and processes to keep children and young people safe. 

The 11 Standards aim to promote the safety of children, prevent child abuse, and ensure organisations and businesses have effective processes in place to respond to and report all allegations of child abuse. 

The Standards require changes in organisational culture through the embedding of child safety in everyday thinking and practice, providing a minimum standard of child safety across the organisation and highlight that we all have a role to play to keep children safe from abuse.

The 11 Standards are: 

• Child Safe 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.
• Child Safe Standard 2 – Child safety and wellbeing is embedded in organisational leadership, governance and culture.
• Child Safe Standard 3 – Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.
• Child Safe Standard 4 – Families and communities are informed, and involved in promoting child safety and wellbeing.
• Child Safe Standard 5 – Equity is upheld and diverse needs respected in policy and practice.
• Child Safe Standard 6 – People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
• Child Safe Standard 7 – Processes for complaints and concerns are child focused.
• Child Safe 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.
• Child Safe Standard 9 – Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
• Child Safe Standard 10 – Implementation of the Child Safe Standards is regularly reviewed and improved.
• Child Safe Standard 11 – Policies and procedures document how the organisation is safe for children and young people.

Although all children are vulnerable, some children face additional vulnerabilities, namely Aboriginal and Torres Strait Islander children, children from culturally and linguistically diverse backgrounds and children with disabilities. Consequently, in applying each standard, organisations must embed the following three key principles:

1. Promoting the cultural safety of Aboriginal Children 
2. Promoting the cultural safety of children from culturally and/or linguistically diverse backgrounds
3. Promoting the safety of children with a disability 

While children’s primary caregivers can be a protective factor against neglect and abuse, it takes many components to build a child safe organisation. The Standards help build a child safe culture within an organisation and ensure that organisations are accountable for the safety of children using their services and facilities. Compliance with the Standards is regulated and monitored by the Commission for Children and Young People (the Commission).

The Standards closely align with the National Principles for Child Safe Organisations. These principles were developed following the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse and endorsed by the Council of Australian Governments in February 2019. 

The Reportable Conduct Scheme

The Scheme requires organisations to respond to allegations of child-related misconduct made against employees, contractors and volunteers and report any allegations to the Commission.

There are five types of ‘reportable conduct’: 

• Sexual offences committed against, with or in the presence of a child.
• Sexual misconduct committed against, with or in the presence of a child.
• Physical violence against, with or in the presence of a child.
• Any behaviour that causes significant emotional or psychological harm to a child.
• Significant neglect of a child.

The Commission has a range of powers in response to allegations under the Scheme, including but not limited to:

• Receive allegations and findings of reportable conduct;
• Assess an organisation's systems to prevent, notify and investigate reportable conduct;
• Provide oversight of workplace investigations;
• Investigate allegations in some circumstances;
• Refer findings to professional registration bodies and the Working with Children Check (WWCC) Unit;
• Build the capacity of organisations to respond to allegations of abuse; and
• Report to Parliament on performance of the scheme and trends. 

The Scheme does not replace or interfere with Police investigations. 

Mandatory Reporting 

Mandatory reporting refers to the legal requirement of certain professional groups to report a reasonable belief of child abuse to child protection authorities. 

In Victoria, under the Children, Youth and Families Act 2005, mandatory reporters must make a report to child protection authorities, if in the course of practising their profession or carrying out duties of their office, position or employment, they form a belief on reasonable grounds that a child is in need of protection from physical injury or sexual abuse. 

In a Local Government setting, the Chief Executive Officer (CEO) is a mandatory reporter as the ‘Head of Organisation.’ To support mandatory reporting on behalf of Council, CEO delegation has been granted to two members of the People and Culture department, however any employee working with children can make a report to the Commission at any time.

Objectives

The purpose of this policy is to outline Council’s commitment to child safety and reflect Council’s legislative responsibility in meeting the requirement of the Standards. 

All children or young people, regardless of their abilities, gender, religion, sexual orientation or social, economic or cultural backgrounds, who attend services, programs, and events delivered by, and at spaces owned or managed by Council, have the right to feel and be safe and welcome. The wellbeing and safety of children and young people in our care will always be our priority. 

Council has zero-tolerance towards child abuse and is committed to creating and maintaining a child safe and child friendly organisation where all children and young people are valued and protected from abuse, harm and neglect, and creating an environment where they feel respected and included is embedded in the everyday thinking and practice of Council, its employees, contractors and volunteers.

Council encourages the voice of children and young people of all genders and backgrounds in organisational planning, delivery of services, programs and events, procedures, and management of facilities. Our priority is to involve children and young people in opportunities to influence matters that affect them as active citizens in their community. This will be achieved by:

• Providing children and young people of all abilities, genders, religions, sexual orientations, and social, economic and cultural backgrounds with opportunities to voice their opinions, be taken seriously, be actively involved in shaping their community and participate in decisions that affect them;
• Enhancing the skills of Council staff and local service providers to collaborate with children, young people and families in a respectful, inclusive, ethical and  genuine way;
• Empowering children, young people and families to maximise their potential as they participate and grow in the Latrobe community.

Scope

This policy applies to all Councillors, Council employees, contractors, volunteers and students, irrespective of whether or not they are engaged in a child facing role.

Council will require contracted organisations to comply with the child safe legislation as part of their contractual agreements. Individuals who are employed by contracted organisations are not considered employees of Council under the Scheme. This means that contracted organisations are not in scope of this policy.

Further Information

View the full policy:

• Child Safe Council Policy