Type: Policy
Classification:
Operational
Policy Number: SPG202004
Version: 1.3
Released: 1 June 2020
“We need to see each child as a gift to be welcomed, cherished and protected.”
– Pope Francis
Sydney Catholic Schools (SCS) is committed to ensuring the safety, welfare and wellbeing of each student. Our dual obligation to the education and faith formation of each child is of the utmost importance. To facilitate this educational and spiritual development it is important that every student is safe while at school, and protected from any concern arising outside of school which may impact their capacity to engage fully in their studies and faith formation. SCS employees have significant obligations as mandatory reporters, for the safety of children and young people. This policy outlines the process of reporting, which a staff member should follow if a concern should be raised about the safety, welfare or wellbeing of a child or young person.
2.1
SCS is committed to the safety and wellbeing of all students.
2.2
SCS Employees are expected to report any concern regarding the safety of a child or young person.
2.3
To support the safety of students, it is critical that all staff and students are aware of protocols in relation to reporting concerns related to student safety.
2.4
Where a concern arises in relation to the safety of a student, appropriate support will be provided to the student.
2.5
Parents, carers and families agree to work collaboratively and constructively with SCS in supporting the safety and wellbeing of students.
2.6
Parents and carers enrolling their children with SCS accept on enrolment, that SCS has reporting obligations for the safety and wellbeing of students, and agree to respect and support SCS in meeting these obligations.
3.1
Process for Mandatory Reporting to the NSW Department of Communities and Justice (DCJ)
3.1.1
A report must be made to DCJ when a mandatory reporter has current concerns about the safety, welfare and wellbeing of a child for any of the following reasons:
- the basic physical or psychological needs of the child or young person are not being met (neglect)
- the parents or caregivers have not arranged necessary medical care for the child or young person (unwilling or unable to do so)
- the parents or caregivers have not arranged for the child or young person to receive an education in accordance with the Education Act 1990 (NSW) (unwilling or unable to do so)
- risk of physical or sexual abuse, or ill-treatment (physical or sexual abuse)
- parent or caregiver’s behaviour towards the child causes or risks serious psychological harm (emotional abuse)
- incidents of domestic violence and, as a consequence, a child or young person is at risk of serious physical or psychological harm (domestic or family violence)
- the child was the subject in a prenatal report and the birth mother did not engage successfully with support services.
3.1.2
Mandatory reporters are required by law to report to DCJ if they suspect that a child is at Risk of Significant Harm (RoSH). SCS requires mandatory reporters to also make reports in relation to concerns around young people (aged 16-17 years) as an aspect of their duty of care obligations to all students.
3.1.3
If a staff member identifies a concern in relation to the safety, welfare and/or wellbeing of a child or young person, they are required to immediately report the concern to the school Principal / Director or the most senior person on site, for instance, the Assistant Principal.
3.1.4
The Principal/Director, in determining whether a concern necessitates mandatory reporting to DCJ, may seek the support of one or more of the following:
- the NSW Government Mandatory Reporter Guide
- SCS’ Child Protection Team on (02) 9568 8298
- the Student Wellbeing Team.
3.1.5
All concerns which require mandatory reporting will be reported to DCJ by the Principal / Director (or the most senior person on site), using the online form or by phone to 132 111.
3.1.6
The Principal/Director making the report must email a copy of the RoSH Report to the SCS Child Protection Team as soon as practicable at child.protection@syd.catholic.edu.au.
3.2
Process for Mandatory Reporting to NSW Police
3.2.1
If a staff member identifies a concern in relation to the safety, welfare and/or wellbeing of a child or young person, they are required to immediately report the concern to the school Principal / Director or the most senior person on site, for instance, the Assistant Principal.
3.2.2
The Principal / Director may determine that it is necessary to report the concern to the NSW Police in addition to DCJ.
3.2.3
The NSW Police should be contacted prior to DCJ where there is an imminent threat, danger or risk of immediate harm to any person, including to the child or young person, or to a school staff member.
3.2.4
The circumstances in which a report to NSW Police should be made, include but are not limited to:
- where a concern may constitute or involve a criminal offence; and/or
- where there is an imminent threat, danger or risk of immediate harm to any person including to a child, young person or school staff member.
3.2.5
In circumstances where a report to NSW Police is to be made:
- in the case of an imminent threat, danger or risk of immediate harm, the Principal/Director would make the report to emergency services 000 where police attendance is required, as a matter of urgency
- where there is no imminent threat to any person, the Principal / Director would contact and report the matter through the school’s allocated police liaison officer.
- where the police liaison officer is not available, the Principal / Director will contact the Local Area Command to make the report.
3.2.6
In determining whether a report should be made to NSW Police, the Principal/Director may wish to:
- contact the Sydney Catholic Schools’ Child Protection on 9568 8298
3.2.7
The Principal/Director making the report should email the police report number and details of the report to the SCS Child Protection as soon as practicable at child.protection@syd.catholic.edu.au.
3.3
Confidentiality of concerns
3.3.1
Any concern raised in relation to the safety, welfare or wellbeing of a child and / or young person is confidential. No staff member is to disclose any concern to any person outside of the school Principal / Director or in their absence, to the most senior person available on site.
3.3.2
Reports made by mandatory reports to DCJ or by a Principal / Director to NSW Police are confidential and should not be disclosed to any person outside of the SCS Child Protection Team, the Student Wellbeing Team and any other relevant personnel.
3.3.3
SCS staff are not permitted to disclose the making of, the nature, or contents of a report to DCJ or NSW Police, to any person outside of SCS Central and Regional Wellbeing, Child Protection and other relevant office personnel, without the permission of DCJ and / or NSW Police respectively.
3.3.4
To avoid any doubt, any reports made to DCJ or NSW Police are not to be disclosed in any circumstance to any student or parent. This includes the parents of the child about whom the concern has been raised. Any concerns around what, if any, information can be given to families involved must be discussed with DCJ and / or the NSW Police prior to disclosure.
3.3.5
A staff member who raises a concern and a Principal/Director who reports the concern will maintain confidentiality and will not disclose the concern to any other staff member at the local level. The Principal / Director may determine that a concern needs to be disclosed to a particular school staff member in order to support the needs of the student at school (i.e. informing the class teacher or school counsellor). This disclosure will occur in consultation with the Student Wellbeing Team and/or the Child Protection Team.
3.4
Support for students
3.4.1
If a staff member identifies a concern in relation to the safety, welfare and/or wellbeing of a student, the student will be provided with the opportunity to access to appropriate supports which may include, one or more of the following:
- school level counselling where a local school counsellor is employed
- student wellbeing team support
- referral to appropriate external support agencies for the student and/or family
- risk assessment and/or
- return to school plan, counselling support plan, or individual adjustment plan.
4.1
Responsibilities of Principals/Managers/PGiA Leaders
- Ensure that all reasonable steps are taken to protect student safety, welfare and wellbeing.
- Notify NSW Police appropriately, of any concern raised in relation to a criminal offence or of any immediate threat.
- Notify FACS appropriately, of any concern raised in relation to the safety, welfare and wellbeing of a child or young person.
- Ensure the school and staff comply with all mandatory reporting obligations.
- Maintain appropriate records of any RoSH or police reports made.
- Submit relevant records of ROSH and police reports to the SCS Child Protection Team.
- Identify appropriate supports for students about whom concerns have been raised with regard to their safety, welfare and wellbeing.
4.2
Responsibilities of Parents
- Parents must communicate fully with the school around any matters which pose a risk to the safety, welfare and wellbeing of a student.
- Parents must not seek information from the school around any report to FACS or Police, but will instead communicate directly with those agencies.
- Parents will engage positively with school, regional and central SCS staff to support a student, following any concern being raised around their safety, welfare and wellbeing, including in the development of individual student plans, medical and other assessments, counselling support and other recommendations.
- Parents have a responsibility to work collaboratively and constructively with SCS in supporting the safety, welfare and wellbeing of all students.
- Parents and carers enrolling their children with SCS accept on enrolment that SCS has reporting obligations for the safety and wellbeing of students and agree to respect and support SCS in meeting these obligations.
4.3
Responsibilities of Employees
- Employees must report any concerns in relation to the safety, welfare and/or wellbeing of a child or young person to their Principal/Director or the most senior person on site.
- Employees must keep all matters in relation to the safety, welfare and/or wellbeing of a child or young person confidential, with the exception of disclosing to their Principal/Director (or their delegate). Unreasonable disclosure of information to parents, students or other colleagues may have performance implications.
- Employees must abide by this policy in relation to the immediate notification to the Principal/Director or appropriate delegate.
5.1
Principals / Directors will determine whether a mandatory report needs to be made to DCJ in relation to a concern consistent with this policy, advice from the Child Protection Team and the Mandatory Reporter Guide.
5.2
Principals / Directors will determine whether a report to the NSW Police needs to be made in relation to a concern consistent with this policy and advice from the Child Protection Team.
6.1
Child
– a person under the age of 18 years. Regarding matters notifiable to the Department of Communities & Justice, a child is a person under 16 years.
6.2
Young Person
a person aged 16 or 17 years.
6.3
Child Abuse
– Child Abuse includes, but is not limited to, the following:
- Child neglect the continued failure by a parent or caregiver to provide a child with the basic things needed for his or her proper growth and development, such as food, clothing, shelter, education, medical and dental care and adequate supervision.
- Sexual abuse is when someone involves a child or young person in a sexual activity by using their power over them or taking advantage of their trust. Children or young people may be bribed or threatened physically and psychologically to make them participate in the activity.
- Physical abuse is a non-accidental injury or pattern of injuries to a child or young person caused by a parent, caregiver, or any other person. It includes, but is not limited to, injuries which are caused by excessive discipline, severe beatings or shakings, cigarette burns, attempted strangulation and female genital mutilation. Hitting a child or young person around the head or neck and/or using a stick, belt or other object to discipline or punish a child or young person (in a non-trivial way). Injuries include bruising, lacerations or welts, burns, fractures or dislocation of joints.
- Emotional abuse or psychological harm can occur where the behaviour of a parent or caregiver damages the confidence and self-esteem of a child or young person, resulting in serious emotional disturbance or psychological trauma. Although it is possible for ‘one-off’ incidents to cause serious harm, in general, it is the frequency, persistence and duration of the parental or carer behaviour that is instrumental in defining the consequences for the child or young person. This can include a range of behaviours such as excessive criticism, withholding affection, exposure to domestic violence, intimidation or threatening behaviour.
6.4
Mandatory Reporters – are defined under the Children and Young Persons (Care and Protection) Act 1998 (NSW) as persons who deliver services directly to children and young people. This includes all staff employed by SCS including those engaged in schools, central and regional offices, both lay staff and members of religious orders.
6.5
Significant Harm can include, but is not limited to, the following:
- circumstances causing concern to a significant extent
- sufficiently serious for statutory response
- not minor or trivial
- reasonable expectation of a substantial and demonstrably adverse impact on a child or young person’s safety, welfare or wellbeing.
‘Significance’ can relate to a single act or omission or an accumulation of the matters that require reporting. For example, a single act could be a report of a “one off” black eye from being punched in the face. Accumulation may be a report being made because there has been a number of unexplained bruising observed on a child who is also away a lot from school.
6.6
Employee – An employee is defined as any person who is engaged by the Archdiocese of Sydney Catholic systemic schools, whether or not they are employed in connection with work or activities that relate to children in a paid or volunteer capacity; as well as any person engaged by SCS to provide services to children and young people. This includes: contracted staff, such as special transport drivers, cleaners and maintenance contractors; sub-contracted staff, such as canteen managers; trainees, such as those on student placement or work experience; clergy visiting schools; and volunteers, such as parent helpers. Any reference to employee in this policy encompasses all categories outlined above.
7.1
Related policies and Procedures
- Child Protection Policy: Responding to Complaints and Allegations
- Child Protection Procedures: Responding to Complaints and Allegations
- Domestic Violence Policy
- Supporting Students with Complex Social and Emotional Needs Policy
- Knives and other Prohibited Weapons Policy
- Knives and other Prohibited Weapons Guidelines
7.2
Supporting documents
7.3
Relevant Legislation
- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Child Protection (Working with Children) Act 2012 (NSW)
- Child Protection (Offenders Registration) Act 2000 (NSW)
- Crimes Act 1900 (NSW)
- Public Interest Disclosures Act 1994 (NSW)
- Privacy and Personal Information Protection Act 1998 (NSW)
- Work Health and Safety Act 2011
If you have any enquiries about the requirements above or the investigation process, please contact the Child Protection team via on (02) 9568 8298 or via email: child.protection@syd.catholic.edu.au.
If you have any questions about this document or would like further information, please contact the Strategy, Policy and Governance team on 9568 8215 or at Governance@syd.catholic.edu.au.
Policy Number: SPG202004
Document Rescinds / Replaces: Child Protection Policy: Reporting Concerns to Family and Community Services and Police (HR201619-1.2)
Released: 1 June 2020
Review by: June 2021
Document Owner: Strategy, Policy and Governance Directorate