CHILD PROTECTION INVESTIGATION COURSE - … Pre... · CHILD PROTECTION INVESTIGATION COURSE ... screening for suitability to work with children? 6. What is your understanding of the

CHILD PROTECTION INVESTIGATION COURSE

In order to become an accredited child protection investigator, you will be required to successfully

complete three assessment components and to attend the three day child protection investigation

training.

Assessment one requires participants to complete a pre-course questionnaire based on the following

attached documentation:

1. NSW Ombudsman Child Protection Fact Sheet No 3 Child Protection Legislation: What

Employers and Employees Need to Know

2. NSW Ombudsman Child Protection Fact Sheet No 5 Child protection: Responsibilities of Heads

of Agencies

3. NSW Interagency Guidelines Making a Child Protection Report

4. NSW Interagency Guidelines Roles and Responsibilities – Non Government Schools

5. The AIS/IEU Recommended Protocols for Internal Investigative and Disciplinary Proceedings

Please hand in assessment one to the course presenter on the first day of the course. Details for

assessment two and three will be provided during the course.

CHILD PROTECTION INVESTIGATION COURSE

Assessment One: Pre-course Questionnaire

1. What are the three key pieces of child protection legislation?

2. When are you required to report to each of the child protection authorities including Community

Services, NSW Ombudsman, NSW Commission for Children and Young People and NSW Police?

3. What are the Head of Agency’s responsibilities if an allegation of reportable conduct is made

against an employee?

4. What is the definition of reportable conduct?

5. What is your understanding of the role of the Commission for Children and Young People when

screening for suitability to work with children?

6. What is your understanding of the concept of ‘risk assessment’?

7. What do you understand the concept of 'procedural fairness' to mean?

Please note: The answers to the above questions will form part of your assessment for accreditation.

Please hand them to the presenter on Day 1.

There are three key pieces of child protection legislation in NSW. These are the:

Children and Young Persons (Care and Protection) Act 1998•

Commission for Children and Young People Act 1998•

Ombudsman Act 1974• [Part 3A].

The legislation is designed to be complementary. When an allegation is made against an employee, the head of agency is required to determine whether:

there are reasonable grounds to believe a child or young •person is at ‘risk of significant harm’ under the Children and Young Persons (Care and Protection) Act, and

the allegation constitutes a reportable allegation under the •Ombudsman Act.

If a child is believed to be ‘at risk of significant harm’, the head of agency should ensure that a report has been made to the Community Services ‘Helpline’.

If the allegation involves reportable conduct, or misconduct that may involve reportable conduct, a decision must be made about whether the allegation is:

notifable to the Ombudsman, • or

concerns behaviour that is required to be investigated by the •agency but is exempted from notification to the Ombudsman under sections 25A or 25C of the Ombudsman Act.

Non-exempted reportable allegations must be:

notified to the Ombudsman within 30 days of the head of •agency becoming aware of the allegation, and

reported to the CCYP under the Commission for Children •and Young People Act at the conclusion of any investigation, if the investigation constitutes ‘relevant employment proceedings’ under that Act and it is not exempted under a class or kind agreement.

Child protection legislation: what employers and employees need to know

This fact sheet aims to assist employers and employees to understand their legislative responsibilities under the child protection legislation in NSW.

It is important to remember that the focus of the legislation is the protection of children and young people. In the following table the Ombudsman Act and the Commission for Children and Young People Act are grouped under the heading ‘Employee Focus’. Matters relating to a situation of a child or young person being ‘at risk of significant harm’ under the Children and Young Persons (Care and Protection) Act have been titled ‘Child Focus’.

Contact details

Child protection fact sheet No 3

Community ServicesGeneral enquiries: 02 9716 2222Helpline: 13 2111 (for general public and clients)

02 9366 7698 (TTY) 13 3627 (for mandatory reporting)

Web: www.community.nsw.gov.au

Commission for Children and Young PeopleGeneral enquiries: 02 9286 7276Fax: 02 9286 7267Email: [email protected]

Working With Children CheckPhone: 02 9286 7219Fax: 02 9286 7201Email: [email protected]: www.kids.nsw.gov.au

NSW OmbudsmanSee over for details.

This fact sheet is to be used in conjunction with the Ombudsman’s guidelines Child

protection in the workplace: responding to allegations against employees.

Page 1 of 4

Level 24, 580 George StreetSydney NSW 2000

If you wish to visit us, we prefer you make an appointment. Please call us first to ensure your complaint is within our jurisdiction and our staff are available to see you.

Our business hours are:Monday to Friday, 9am–5pm(Inquiries section closes at 4pm)

Telephone Interpreter Service (TIS): 131 450We can arrange an interpreter through TIS or you can contact TIS yourself before speaking to us.

General inquiries: 02 9286 1000

Toll free (outside Sydney metro): 1800 451 524

Tel. typewriter (TTY): 02 9264 8050

Facsimile: 02 9283 2911

Email: [email protected]

Web: www.ombo.nsw.gov.auThis fact sheet is one of a series produced by the NSW Ombudsman. Feedback is welcome.

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© Crown Copyright, NSW Ombudsman

This work is copyright, however material from this publication may be copied and published by State or Federal Government Agencies without permission of the Ombudsman on the condition that the meaning of the material is not altered and the NSW Ombudsman is acknowledged as the source of the material. Any other persons or bodies wishingto use material must seek permission.

ISBN: 978-1-921131-04-2 05/2010

Key terms Definition

Child Under the Children and Young Persons (Care and Protection) Act 1998 a child is a person under the age of 16 years.

Under the Ombudsman Act 1974 and the Commission for Children and Young People Act 1998 a child is a person under the age of 18 years.

Young person Under the Children and Young Persons (Care and Protection) Act 1998 a young person is a person aged 16 years or above but who is under the age of 18 years.

Employee Any person who is employed by the agency, whether or not they are employed to work directly with children, as well as individuals engaged by the agency to provide services to children such as contractors, foster carers, volunteers, students on placement and instructors of religion.

Head of agency The chief executive or other principal officer of the agency. The head of agency will usually be the most senior salaried officer in the organisation. Also see Ombudsman Child Protection Fact Sheet 5 – Child Protection: Responsibilities of heads of agencies.

Prohibited person A person convicted of a serious sex offence, the murder of a child or a child-related personal violence offence.

Designated government agency

The Department of Education and Training (including a government school), Community Services, NSW Health, Arts, Sport and Recreation, Juvenile Justice, Ageing, Disability and Home Care, or Corrective Services.

An area health service within the meaning of the Health Services Act 1997.

Designated non- government agency

A non-government school within the meaning of the Education Act 1990.

A designated agency within the meaning of the Children and Young Persons (Care and Protection) Act 1998 (not being a designated government agency) or a licensed children’s service.

An agency providing substitute residential care for children.

Any other prescribed body (e.g. mobile children’s services, family day care).

Approved Screening Agency

CCYP or an employer (or employer-related body) approved by the Minister for Community Services.

Reportable allegation An allegation of reportable conduct against an ‘employee’ or an allegation of misconduct that may involve reportable conduct.

Relevant employment proceedings

Where an investigation into an allegation of reportable conduct has made a finding of either ‘sustained’ or ‘not sustained insufficient evidence’.

EmPlOYEE fOCuS CHilD fOCuS

lEgiSlATiON Ombudsman Act 1974 Commission for Children and Young People Act 1998

Children and Young Persons (Care and Protection) Act 1998

KEY iSSuEReportable allegations and convictions against employees

Child-related employment screeningChild or young person at ‘risk of significant harm’

KEY AgENCY NSW OmbudsmanCommission for Children and Young People (CCYP)

Community Services

EffECTS outlines the reporting obligations •of government and certain non-government agencies under the Act

requires the Ombudsman to •scrutinise the systems these agencies have in place for preventing and responding to reportable allegations (including allegations which are exempt from notification) against employees

empowers the Ombudsman to:•

monitor agency investigations –of reportable allegations against employees or, in some cases, conduct those investigations, and

investigate a complaint about –an agency’s inappropriate handling of a reportable allegation or conviction against an employee.

Makes background checking mandatory for:

all paid child-related employment•

child-related employment •involving fostering of children

child-related employment •by ministers of religion and other members of a religious organisation

any adult who resides with an •authorised carer or children’s service provider, and

some volunteers and Community •Services student placements.

In a Working With Children Check, the applicant’s background is checked for:

relevant criminal records – •charges or convictions for any sexual offence, assault, ill-treatment or neglect of a child or any registrable offence punishable by imprisonment for 12 months, whether or not the convictions are otherwise considered spent

relevant Apprehended Violence •Orders – made on the application of a police officer or other public official for the protection of a child, and

relevant employment •proceedings – completed employment proceedings finding that reportable conduct or an act of violence committed by the employee in the course of employment and in the presence of a child occurred or may have occurred.

sets out the role of Community •Services in child protection. This role includes, but is not limited to, providing or arranging services to children, young people and parents when a request for assistance is received; receiving and assessing reports of children or young people at risk of significant harm; and acting to maintain the safety of children and young people

emphasis that caring for •children and young people is a responsibility to be shared by families, agencies and communities working in partnership and cooperation. It recognises the rights of children and young people to participate in decision making and has an emphasis on appropriately taking account of culture, language, religion and identity.

Child Protection legislation in NSW

Page 3 of 4

EmPlOYEE fOCuS CHilD fOCuS

lEgiSlATiON Ombudsman Act 1974 Commission for Children and Young People Act 1998

Children and Young Persons (Care and Protection) Act 1998

KEY iSSuEReportable allegations and convictions against employees

Child-related employment screeningChild or young person at ‘risk of significant harm’

KEY AgENCY NSW OmbudsmanCommission for Children and Young People (CCYP)

Community Services

ObligATiONS Of EmPlOYERS

heads of agencies are required •to notify reportable allegations or convictions against employees to the Ombudsman within 30 days of becoming aware of them

heads of agencies are required •to provide the Ombudsman with information about investigations into reportable allegations or convictions, including allegations which are exempted from notification and of action taken as a result.

Note 1: If Community Services and/or NSW Police Force are involved in a matter, then the head of agency should obtain clearance from these agencies before commencing or continuing an investigation.

Note 2: ‘Agencies’ include ‘public authorities’ if the reportable conduct arises in the course of employment with the public authority.

not employ a person who is a •‘prohibited person’

arrange employment screening •by an approved Screening Agency for relevant positions

notify CCYP of completed •relevant employment proceedings

notify the CCYP of applicants •who have not been offered child-related employment as a result of an assessment by an Approved Screening Agency

securely retain relevant records•

transfer ownership of records of •relevant employment proceedings to a new employer where agency ownership is transferred, or to the CCYP if the agency is closed down.

employers are to ensure •employees who are mandatory reporters under this Act are aware of their obligation to report to an ‘assessment officer within their agency or to the Community Services ‘Helpline’ when they have reasonable grounds to believe a child or young person is ‘at risk of significant harm’

employers are to ensure that •agency’s policies, procedures and practices are in line with this Act in relation to child protection, including the conduct of ‘out of home’ care.

ObligATiONS Of EmPlOYEES

inform the head of agency or •delegate of any allegation or conviction against an employee that may constitute a reportable allegation.

disclose to the employer his/her •status relating to the definition of a ‘prohibited person’

not apply for or remain in •child-related employment if a ‘prohibited person’.

employees are to ensure practice •is consistent with the principles, objectives and provisions of this Act

employees are to report •concerns that a child or young person is ‘at risk of significant harm’ to the Community Services ‘Helpline’.

Child Protection legislation in NSW cont’d

Child protection fact sheet No 3. 05/2010

The Ombudsman’s child protection roleThe NSW Ombudsman is responsible for monitoring the handling of reportable allegations and convictions against employees of all government and certain non-government agencies in NSW. The Ombudsman is also responsible for scrutinising the systems for preventing and handling reportable allegations and convictions against employees.

There are three types of agencies that must notify the Ombudsman of reportable allegations or convictions against employees: designated government agencies, all other public authorities and designated non-government agencies (such as schools, child care centres and agencies providing substitute residential care).

All agencies in the Ombudsman’s child protection jurisdiction have a responsibility to notify the Ombudsman about reportable allegations and convictions against employees that arise in the course of an employee’s work. Designated agencies, whether government or non-government, have an additional responsibility of reporting allegations or convictions against employees that arise outside the workplace.

Heads of agencies are required to make a notification to the Ombudsman within 30 days of becoming aware of a reportable allegation or conviction. This reporting requirement enables the Ombudsman to intervene early in matters where an agency, as evidenced by its initial response to an allegation, risks compromising the safety of the child, the integrity of the investigation or fair processes for an employee. At the end of the investigation, the head of agency must send a report to the Ombudsman concerning the investigation. This report should include the agency’s findings in relation to the allegations, details of any action taken and copies of documents on which the report is based.

Child protection: Responsibilities of heads of agencies

Information to assist heads of agencies understand their responsibility to respond to ‘reportable allegations’ and ‘reportable convictions’ against employees and allegations which are exempt from

notification to the Ombudsman, as defined in s.25A(1) of the Ombudsman Act 1974.

Who is the head of agency?The head of the agency is usually the most senior salaried officer in the organisation. For example, the chief executive officer, coordinator, director, or manager. In a privately owned child care centre, the head of agency role could be fulfilled by the licensee, centre director or authorised supervisor (the person designated under the Centre Based and Mobile Child Care Services Regulation 1996). In some instances, the head of the agency may not be obvious and the agency should contact the Ombudsman for advice. A head of agency may wish to nominate a contact person for the day-to-day correspondence or inquiries regarding a specific matter.

For the purpose of the Ombudsman Act, an employee of an agency is any person who is employed by the agency, whether or not they are employed to work directly with children, as well as any individual engaged by the agency to provide services to children, such as contractors, foster carers, volunteers, students on placement and instructors of religion.

Responsibilities of the head of agencyA head of an agency is required by the Ombudsman Act to:

set up systems for providing a safe environment for children •in its care.

ensure systems are in place for recording and responding •to allegations or convictions of a child protection nature against employees. This includes reportable allegations and convictions and allegations that are exempt from notification to the Ombudsman.

Child protection fact sheet No 5

Page 1 of 4

Level 24, 580 George StreetSydney NSW 2000

If you wish to visit us, we prefer you make an appointment. Please call us first to ensure your complaint is within our jurisdiction and our staff are available to see you.

Our business hours are:Monday to Friday, 9am–5pm(Inquiries section closes at 4pm)

Telephone Interpreter Service (TIS): 131 450We can arrange an interpreter through TIS or you can contact TIS yourself before speaking to us.

General inquiries: 02 9286 1000

Toll free (outside Sydney metro): 1800 451 524

Tel. typewriter (TTY): 02 9264 8050

Facsimile: 02 9283 2911

Email: [email protected]

Web: www.ombo.nsw.gov.auThis fact sheet is one of a series produced by the NSW Ombudsman. Feedback is welcome.

Cont

act u

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e in

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© Crown Copyright, NSW Ombudsman

This work is copyright, however material from this publication may be copied and published by State or Federal Government Agencies without permission of the Ombudsman on the condition that the meaning of the material is not altered and the NSW Ombudsman is acknowledged as the source of the material. Any other persons or bodies wishingto use material must seek permission.

notify the Ombudsman of reportable allegations or •convictions made against an employee of the agency.

provide information, as the Ombudsman requires, about •the type and operation of the systems for providing a safe environment for children in its care, and the systems for handling and responding to reportable allegations and convictions involving those employees (including allegations which are exempt from notification)

make arrangements within the agency to require all •employees to inform the head of agency (or delegate) of any allegation or conviction of a child protection nature against an employee, of which they become aware. These arrangements should include the requirement that employees notify the head of agency or delegate of any such allegation or conviction as soon as practicable.

Employers are also required to notify the Commission •for Children and Young People of relevant employment proceedings.

What does the head of agency need to report?When an allegation of a child protection nature is made against an employee, the head of agency (or delegate) is required to record and respond to the allegation. This process includes clarifying, on the face of it, if the allegation is reportable to the Ombudsman.

Reportable conduct means:

any sexual offence, or sexual misconduct, committed •against, with or in the presence of a child (including a child pornography offence), or

any assault, ill-treatment or neglect of a child, or •

any behaviour that causes psychological harm to a child,•

whether or not, in any case, with the consent of the child.•

A reportable allegation means an allegation of reportable conduct against an employee or an allegation of misconduct that may involve reportable conduct. For an allegation to be notifiable to the Ombudsman, the following components are necessary:

the person who is the subject of the allegation must be a •current employee of a designated agency or public authority, or have been an employee at the time the allegation was made (the person must be identifiable either by name or by other information including their description, work schedules and locations of the agency)

the allegation must contain a description of behaviour that •may constitute reportable conduct, and

the child or young person who was alleged to have been •involved in reportable conduct by an employee, must have been under 18 years at the time of the alleged incident or behaviour.

Misconduct that may involve reportable conduct

Misconduct means misbehaviour or wrongdoing. An agency needs to assess any misconduct involving a child to identify whether the misconduct involves reportable conduct. Some of the behaviours that could be misconduct that may involve reportable conduct include an employee providing alcohol or drugs to children, taking children to their own home, or transporting children to and from school or any other place without valid permission or where it is in breach of the agency’s code of conduct.

Reportable conduct does not extend to:

conduct that is reasonable for the purposes of the discipline, •management or care of children, having regard to the age, maturity, health or other characteristics of the child and to any relevant codes of conduct or professional standards, or

the use of physical force that, in all the circumstances, is •trivial or negligible, but only if the matter is to be investigated by the agency and the result of the investigation recorded under workplace employment procedures, or

conduct of a class or kind exempted from being reportable •conduct by the Ombudsman. Note: See 3.4 of the Ombudsman guidelines for information regarding determining if an allegation against an employee is a reportable allegation that is required to be notified to the Ombudsman.

ISBN: 978-1-921131-06-6 05/2010

Notifying the OmbudsmanWhen notifying the Ombudsman of a reportable allegation, the agency must:

complete Part A of the Ombudsman’s notification form, •which is available at Part 6 of our guidelines for employers (Child protection in the workplace: responding to allegations against employees, 2004) and on our website www.ombo.nsw.gov.au and ensure that it is sent to the Ombudsman’s office within 30 days of the head of agency becoming aware of the allegation.

provide details of the reportable allegation or conviction •and what the agency proposes to do.

agencies are not required to complete the investigation •within 30 days of the head of agency becoming aware of the allegation. However, if the investigation has been completed within 30 days, Part B of the Ombudsman’s notification form should also be completed and copies of relevant document attached.Note: If Community Services and/or police are already investigating a reportable allegation against an employee, the agency is still required to notify the Ombudsman of the allegation.

At the conclusion of the agency investigationOnce the head of agency is satisfied that the investigation has been concluded, they must, as soon as practicable, provide the Ombudsman with:

any report prepared by or for them relating to the •investigation, as well as copies of all of the statements and other documents which form the basis of the report

any comments that they may want to make about the •report

the results of the investigation •

advice of the action that has been taken, or will be taken, in •respect to the reportable allegation or conviction.

Part B of the Ombudsman notification form can be used as a basis for the agency’s final report.

What can you expect from the Ombudsman?When a notification is received by the Ombudsman, we will write to the agency to acknowledge receipt and advise the agency of a contact officer. If the investigation has been completed at the point of notification, we will assess the information that the agency has provided and provide feedback. If the investigation has not yet been completed, we will ask the agency to send us the final report when the investigation has been finalised.

The Ombudsman can:

monitor the progress of an investigation conducted by •the agency, or an investigation conducted on behalf of the agency, concerning the reportable allegation or conviction. This means that we will have contact with the agency during the course of the investigation and may request information about the investigation.

conduct a direct investigation into any reportable allegation •or conviction against an employee of an agency, regardless of whether or not it has been notified to us by the head of agency. If the Ombudsman decides to directly investigate a reportable allegation or conviction, the agency may be required to defer its own investigation. When we conclude the investigation, or we ask the agency to resume its own investigation, we will provide the agency with recommendations for action, as well as any necessary information relating to the recommendations.

Ombudsman staff may also sit in and observe interviews conducted by, or on behalf of, the agency and may confer with the people conducting the investigation about the conduct and progress of the investigation. If asked, the investigators must provide the Ombudsman with any information relating to the investigation.

The agency’s final report will be assessed and feedback provided to the head of agency. If you do not understand our comments or are unhappy with the way that we have handled the matter, you can contact us to discuss your concerns or ask for a review. For more information on this process, please refer to our pamphlet General information: making a complaint to the Ombudsman.

The Ombudsman maintains records relating to all notifications of reportable allegations, regardless of the results of the investigation. All information is kept confidentially by the Ombudsman and is stored according to the State Records Act. The Ombudsman’s complaint handling, investigation and reporting records are not publicly accessible, as they are exempt from disclosure under the Government Information (Public Access) Act 2009 and our records cannot be requested or subpoenaed as evidence in a court.

If you have any queries or comments, we are here to assist you. Call the Ombudsman’s Child Protection Team on 02 9286 1000.

Page 3 of 4Child protection fact sheet No 5. 05/2010

From late January 2010, reports to the Child Protection Helpline need to meet the threshold of ‘risk of significant harm’ as opposed to ‘risk of harm’. This change has been introduced so that children and young people who need the protection of statutory intervention can receive this from Community Services, while children and families who need other forms of support and assistance can receive this from a range of government and community organisations without having to report to Community Services.

Anyone who has reasonable grounds to suspect a child or young person is at risk of significant harm and has current concerns about the safety, welfare or wellbeing of the child or young person should make a report to the Child Protection Helpline.

Where concerns of harm do not meet the significant harm threshold, the referring agency should offer and coordinate assistance or make a referral to other services, using normal referral networks. Services may also be located through the new Family Referral Services or through Human Services Net (HSNet) ServiceLink.

The consent of the family should be sought before making referrals.

Recognising child abuse and neglect

To help reporters decide whether a case needs to be reported to the Child Protection Helpline, both mandatory and non-mandatory reporters may access advice via the Making a Child Protection Report web pages or the NSW Mandatory Reporter Guide. An interactive version of the Mandatory

Reporter Guide will be located on the KTS website to assist reporters in making their decisions. It will be available at the time the legislative changes are introduced.

Mandatory reporters from Ageing, Disability and Home Care, Housing NSW and Juvenile Justice in the Department of Human Services, NSW Health, NSW Police Force and Department of Education and Training can also contact their Child Wellbeing Unit for advice.

Significant Harm

A child or young person is at risk of significant harm if the circumstances that are causing concern for the safety, welfare or wellbeing of the child or young person are present to a significant extent.

This means it is sufficiently serious to warrant a response by a statutory authority irrespective of a family’s consent.

What is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse impact on the

Child Wellbeing & Child Protection:NSW INteRageNcy guIdelINeS

MAKING A CHILD PROTECTION REPORT What to do when children and young people are at risk of significant harm

For further information:

Child Protection Helpline: 132 111 or 133 627 (mandatory reporters)

Talk to your supervisor/manager

Talk to your Child Wellbeing Unit (for staff from NSW Health, Housing NSW, ADHC, Juvenile Justice, Education and Police)

Visit Human Services Net: www.hsnet.nsw.gov.au/login/Servicelink.aspx

Visit Association of Children’s Welfare Agencies: www.acwa.asn.au

Visit www.keepthemsafe.nsw.gov.au Human ServicesCommunity Services

Keep Them Safe

a shared approach to child wellbeing

November 2009

child or young person’s safety, welfare or well being, or in the case of an unborn child, after the child’s birth.

The significance can result from a single act or omission or an accumulation of these.

Who should report?

Everyone in the community should be alert to signs of abuse or neglect in children and young people. Their safety, welfare and well-being are a community responsibility. An injury, concerning behaviour or a disclosure indicates that action may be needed to prevent significant harm to a child or young person from occurring or continuing.

Non mandatory reporters including the general public should phone the Helpline on 132 111.

Mandatory reporters should use the Mandatory Reporter Guide to confirm that there is a risk of significant harm. Mandatory reporters should telephone the Child Protection Helpline on 133 627.

Mandatory reporters

Mandatory reporters are defined in NSW legislation and this definition has not changed. They are those who deliver the following services to children as part of their paid or professional work:

health care (e.g. doctors, nurses, �dentists and other health workers)

welfare (e.g. psychologists, social �workers and youth workers)

education (e.g. teachers) �

children’s services (e.g. child care �workers, family day carers and home based carers)

residential services (e.g. refuge �workers, community housing providers)

law enforcement (e.g. police). �

Any person with direct responsibility to provide the above mentioned

services must report risk of significant harm to children. Managers – including both paid employees and volunteers – who supervise direct services are also mandated to report. Mandatory reporters are not obliged to report risk of significant harm to unborn children or young people (those aged 16-17 years). However they are encouraged to make a report if it is appropriate.

While the legal obligation to report significant harm remains, the penalty applying to mandatory reporters who fail to report concerns about risk of harm will be removed from the legislation from late January 2010.

Safeguards for reporters

Reports made to Community Services are confidential and the reporter’s identity is generally

protected by law. However, from late January 2010 a new provision will allow a law enforcement agency access to the identity of the reporter if this is needed in connection with the investigation of a serious offence against a child or young person. While this will override the legislative protection, new safeguards to protect the reporter have been introduced. The request must come from a senior law enforcement officer and the reporter must be informed that their identity is to be released – unless informing them of the disclosure will prejudice the investigation.

Feedback to reporters

The Child Protection Helpline will tell mandatory reporters whether the report they made meets the threshold of significant harm or not.

Making a Child Protection report continued

09-CP001

What’s New

The threshold for reporting to the Child Protection Helpline is rising �to ‘risk of significant harm’ in late January 2010.

A new model for the intake and referral of child protection concerns �is being introduced. Only reports that meet the threshold of ‘risk of significant harm’ should be made to the Child Protection Helpline. Other concerns may be referred to non statutory services that can provide supports to families or mitigate concerns or risks.

If you believe that other agencies can assist the child/ young person �and family, you should share your information with those agencies and/or make the appropriate referrals. If you believe your own agency can further assist, then you should arrange this.

The HSNet ServiceLink is a point of referral. Child Wellbeing Units �and Family Referral Services are also being established as part of the new intake and referral model.

Reporters will be assisted in decision making through a newly �developed Structured Decision Making® tool, the NSW Mandatory Reporter Guide.

The penalty for failing to report (mandatory reporters) is being �removed in late January 2010

Feedback: The Child Protection Helpline will tell mandatory �reporters whether the report they have made meets the threshold of significant harm or not.

Non-government schools

Role

The role of non-government schools in child protection is to promote the safety, welfare and wellbeing of children and young people. Employees in the non-government schools sector recognise and report children and young people suspected to be at risk of significant harm.

School staff provide support that is responsive to the needs of students who are the subject of concerns about risk of harm, appropriate to staff roles. In child wellbeing matters a school may arrange for support within the school and/or refer students and their families to outside support services.

Schools should work collaboratively with relevant government and non-government agencies in accordance with the principles of Chapter 16A of the NSW Children and Young Persons (Care and Protection) Act 1998 and other relevant legislation.

The school head of agency ensures there are systems to assess and investigate allegations of a child protection nature against employees and notify reportable matters to the NSW Ombudsman and, where required, the NSW Commission for Children and Young People.

Responsibilities

protect children and young people from risk of harm while they are in the school’s care•train staff to be aware of the indicators of abuse and neglect in children and young people and respond to concerns about risk of harm

•

report concerns about risk of significant harm to the Child Protection Helpline•support children and young people in ways that are responsive to their needs and are appropriate to staff roles•take reasonable steps to coordinate decision making and coordinate services to children and young people and their families with other services providers if required

•

exchange relevant information to progress assessments, investigations and case management as permitted by law•collaborate with other agencies for the care and protection of children and young people in ways that strengthen and support the family and in a manner that respects the functions and expertise of each service provider

•

inform students of their right to be protected and of avenues for support if they have concerns•provide child protection education to children and young people in schools and teaching protective strategies to children in preschool and child care centres.

•

Services and programs

The formal and informal curriculum teaches communication skills, promotes societal values and norms and develops skills and understandings about positive interpersonal relationships. Education settings provide opportunities for students to seek support from adults, if needed.

•

Child Protection Education is a mandatory component of the Key Learning Area Personal Development, Health and Physical Education and aims to teach students strategies for recognising and protecting themselves from unsafe situations, assist them to seek help effectively, and to develop skills for positive and non-coercive relationships.

•

Pastoral care programs address personal and social issues for students and may include support programs for students experiencing difficulties.

•

Support programs assist students experiencing difficulties in accessing and participating in the opportunities provided by a school. These programs may include adjustment of curriculum or environment, behavioural support, health care plans and individual educational plans.

•

Attendance program in schools implement a range of strategies to support the regular attendance of students. •Training employees in: •

the school’s child protection policy and procedures◦professional standards and professional boundaries in relationships with students◦the recognition and reporting of risk of harm concerns◦support strategies for students.◦

More information can be found at:

The Association of Independent Schools of NSW http://www.aisnsw.edu.au•Catholic Education Commission NSW http://www.cecnsw.catholic.edu.au where the Catholic School Directory can be found via ‘Quick Links’, and the eleven Diocesan Catholic Schools Authorities of NSW can be found via ‘External Links’.

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Page 1 of 1Child Wellbeing and Child Protection - NSW Interagency Guidelines

31/01/2012http://www.community.nsw.gov.au/kts/guidelines/roles/non_govt_schools.htm

The Association of Independent Schools N.S.W. and The NSW/ACT Independent Education Union

Recommended Protocols for Internal Investigative and Disciplinary Proceedings - 2001

Introduction It is acknowledged that each case of alleged reportable conduct which requires internal investigation and possible disciplinary action will be quite different. These protocols have been compiled to advise how investigations and disciplinary proceedings may be conducted. They are guidelines only and in applying them one should always bear in mind the primary objectives of the relevant legislation. If adopted by a school this document should be provided to teachers who are the subject of an internal investigation into reportable conduct. Outline of Obligations under the Legislation Upon receipt of an allegation of reportable conduct against an employee, the head of agency should determine whether or not it is an allegation about reportable conduct or misconduct that may involve reportable conduct. All allegations against employees that involve reportable conduct or misconduct that may involve reportable conduct must be reported within 30 days of receipt of the allegation to the Ombudsman. The allegations should also be reported to the Department of Community Services (DOCS) if there is a current concern for the safety, welfare and well being of the child. The head of agency will need to: conduct or cause to be conducted, an investigation of the allegation;

decide as to whether on the balance of probabilities the allegation has been sustained or not

sustained; decide on the disciplinary action, if any, to be taken against the employee.

At the conclusion of the investigation and the decision regarding disciplinary action, a complete report including the findings, disciplinary action decided upon and any other recommendations must be forwarded to the Ombudsman together with any information which the accused person requires to be included. Completed relevant disciplinary proceedings should be reported to the Commission for Children and Young People unless the allegation was found to be false, vexatious or misconceived.

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Risk Assessment Upon the receipt of an allegation of reportable conduct against an employee, the head of agency is responsible for carrying out an initial risk assessment prior to the investigation of the allegation. The purpose of the risk assessment is to identify and minimise the risk: $ to a child or children who are alleged to have been victims of the abuse; $ to the employee against whom the allegation has been made; $ to other children with whom the employee may have contact; $ to the proper investigation of the allegation. This may result, for example, in the employee being temporarily relieved of some duties, being required to avoid certain pupils or, in some special cases, being suspended from duty. Any decision to take action as a result of a risk assessment is in no way an indication of the guilt of the employee concerned. The factors which should be considered during the risk assessment include: $ the nature of the allegation; $ vulnerability of children; $ nature of the position occupied by the employee; $ the level of supervision of the employee; $ disciplinary history of the employee; $ safety of the employee; $ any comments made by the employee. Risk should be continually monitored throughout the investigation.

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The Investigation In conducting an investigation into allegations of reportable conduct, the head of agency should be guided by the following principles. 1. Conflict of Interest and Appointment of Investigator All investigations must be conducted in an impartial, independent and objective manner and be open and transparent. The investigator must not show bias or favour to the alleged victim(s), the person the subject of the allegation, nor in outcomes which might affect the reputations of the particular agency. In some instances the head of agency may call on an external expert to undertake the investigation. This may be the case where the agency determines that it does not have the expertise to satisfactorily conduct the investigation or in cases where a conflict of interest or bias may arise. The mere perception of a conflict of interest by an accused person is not sufficient in itself to require the appointment of an external investigator. However, if there is a clear history of conflict between the proposed investigator and the employee it would be advisable for another investigator to be appointed. 2. Confidentiality Heads of agency and persons conducting investigations should maintain a high level of confidentiality throughout the investigation phase. Action for defamation could result in situations in which agencies have published allegations of reportable conduct against an employee. The person making the allegation also has a right to protection, and if appropriate, confidentiality. In a limited number of circumstances it may be inappropriate to advise the accused person of the identity of the person making the allegation. The employee should not discuss the allegations with students (including the alleged victim) nor with parents without the approval of the school. Steps in the Investigative Process A proper investigation usually requires that an employee against whom an allegation has been made, be told promptly the substance of the allegation and be given the right to reply to the allegation. If DOCS or police are investigating the allegation, advice should be received from them about when to inform the employee about details of the allegation. Otherwise, the decision of when to inform the employee will depend on the protection of notifiers and witnesses, the quality of evidence to be obtained and the possibility of prejudicing the conduct of the investigation. Where possible employees should be given advance notice of an interview with the head of agency or an appointed investigator, details of the allegation (sufficient to allow the employee to respond) and be advised that they may have a witness at the interview.

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While it is desirable for an employee to be given reasonable notice before being required to respond to an allegation, what constitutes reasonable notice will depend on the circumstances of the situation. Employees may wish to have someone support them during the interview process. The support person may be a friend on staff or the chapter representative. However, such a person is there for support only and as a witness to the proceedings, and not as an advocate or to take an active role in the proceedings. A record should be kept of the meeting, this could be made by a tape recording, a full written record or short minutes. The form of record may be dependent on the seriousness of the allegation. Listed below are fundamental steps in the investigative process. These may need to be varied on occasions to meet particular circumstances. The employer should normally: (a) clarify the allegation and determine that it is an allegation of reportable conduct; (b) make appropriate notifications to DoCS, police, Ombudsman; (c) carry out a risk assessment; (d) collect all available relevant information (ensure full documentation); (e) interview all relevant witnesses (ensure all interviews are adequately recorded); (f) make the employee fully aware of the allegations; (g) possibly give the employee access to relevant documents on which the employer is relying,

unless such documentation needs to be kept confidential; (h) interview the person the subject of the allegations (ensure procedural fairness); (i) consider all the evidence and make a preliminary finding as to whether the allegation is

sustained or not sustained.

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Findings At the conclusion of the investigation, the investigator will make a preliminary finding on the balance of probabilities that: 1. the allegation was false; or 2. the allegation was vexatious, that is, was made without substance and with the intent of being

malicious or to cause distress to the person against whom the allegation was made; or 3. the allegation was misconceived, that is, whilst the allegation was made in good faith it was

either without substance or a misunderstanding on behalf of the person making the allegation occurred or the incident would not reasonably be considered as reportable conduct (irrespective of the definition), sexual misconduct or an act of violence; or

4. the allegation was not sustained; or 5. the allegation was not one of reportable conduct, but might constitute a breach of professional

behaviour or judgment which requires further professional disciplinary action; or 6. the allegation was sustained and the matter required disciplinary action. A finding of 'not sustained' means that the investigator considers that there is insufficient evidence to determine that the alleged event occurred, on the balance of probabilities. The employee should be told of the preliminary finding and given an opportunity to respond including, if they wish, in writing. Disciplinary Proceedings For the purpose of this recommended protocol disciplinary proceedings are defined as the action taken as a consequence of the findings arising out of the investigation. When conducting disciplinary proceedings the employer should have regard to procedural fairness. This will usually involve:

giving the employee details of the final finding;

informing the employee of the possible action the employer may take; and

giving the employee a right to respond including, if they wish, in writing.

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When the investigation has been completed The employee is entitled to ask the Ombudsman to review the investigation and findings if the employee believes the investigation was unfair, biased, incomplete or suffered some other deficiency giving rise to an incorrect finding. The employee must be advised if the employer has notified completed disciplinary proceedings to the Commission for Children and Young People. If the completed disciplinary proceedings are notified to the Commission for Children and Young People, the employee is entitled to inspect the employer file in accordance with Freedom of Information Principles, subject to any exemptions which may apply under that Act. Notification to the Commission for Children and Young People (CCYP) The Commission for Children and Young People Act requires all completed investigations into allegations of reportable conduct to be reported to it. It is an offence under the Act to fail to report unless the allegation is found to be either:

false (the alleged conduct did not occur);

vexatious (without substance, malicious intent);

misconceived (not reasonably be considered to be reportable conduct). In the findings listed above only findings 4 and 6 need be reported to the CCYP.

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