01 SepNational child protection week
National Child Protection Week starts 4 September and runs until 10 September with the theme ‘Every Child in Every Community Needs a Fair Go’. To find out more about National Child Protection Week, events during the week and how to get involved CLICK HERE
In acknowledgement of National Child Protection Week 2022 below is a summary of obligations in relation to recent reforms in reporting and new standards for child safety that educators, providers and other staff working in early childhood services should be aware.
Keeping children safe is everyone’s responsibility. All children have the right to feel safe and to be safe all the time, but safety does not just happen. As an educator within an early childhood service, you play a vital role in protecting children from abuse by responding to and reporting any incidents, disclosures or suspicions. You are often best placed to identify signs and behaviours that may indicate that a child has been subject to abuse, or that a community member, staff member, contractor or volunteer may be a perpetrator of abuse.
Educators working in early childhood services have legal obligations under a range of different schemes, that together aim to protect children.
Duty of care obligations
Duty of care is a legal concept that refers to your responsibility to adequately protect children in your care from harm. It applies to all educators and staff members within any early childhood service in Victoria. It’s usually expressed as a duty to take reasonable steps to protect children from injury and harm that is reasonably foreseeable.
In relation to suspected child abuse, early childhood services are required the take reasonable steps to protect children from harm, this includes but not limited to:
- acting on concerns and suspicions of abuse quickly and in the child’s best interests
- seeking appropriate advice or consulting when unsure
- reporting suspected child abuse to Department of Families, Fairness and Housing (DFFH) Child Protection and/or Victoria Police
- sharing information, upon request, to assist DFFH Child Protection or Victoria Police to investigate the suspected child abuse and protect and/or promote the wellbeing and development of a child
- notifying the regulator where appropriate or required.
Criminal offences
In response to the Betrayal of Trust Report, the Victorian Government introduced criminal offences to protect children from sexual abuse. Under those reforms a failure to report, or take action in relation to suspected child sexual abuse can constitute a criminal offence, including the following failures:
- dailure to disclose
- failure to protect.
Child Safe Standards
Victoria’s Child Safe Standards are a set of mandatory requirements to protect children and young people from harm and abuse. From July 1, 2022, eleven new Child Safe Standards have replaced Victoria’s current seven standards. The new Standards are consistent with the National Child Standards and set out minimum requirements and outline the actions organisations must take to keep children and young people safe. As part of the Member Resources Renewal project, ELAA has updated PolicyWorks Catalogue templates to comply with the new Standards.
Mandatory reporting
Early childhood educators and other persons in licensed and approved early childhood services are mandatory reporters.
All mandatory reporters must make a report to Victoria Police and/or DFFH Child Protection as soon as practicable if, during the course of carrying out their professional roles and responsibilities, they form a belief on reasonable grounds that:
- a child has suffered, or is likely to suffer, significant harm as a result of physical injury and/or sexual abuse; and
- the child’s parents have not protected, or are unlikely to protect, the child from harm of that type.
Reportable conduct scheme
The Victorian Reportable Conduct Scheme seeks to improve organisations’ responses to allegations of child abuse and neglect by their staff and volunteers. The Commission for Children and Young People is responsible for administering the scheme. It has been designed to ensure that the Commission will be aware of every allegation of certain types of misconduct involving children in relevant organisations that exercise care, supervision and authority over children.
Information Sharing and Family Violence Reforms
The early childhood workforce is part of a system of sharing, requesting and using information about child wellbeing or safety. It allows professionals working with children to gain a complete view of the children they work with, making it easier to identify wellbeing or safety needs earlier, and to act on them sooner.
The wellbeing and safety of children are essential for their learning and development, and the ECEC sector is well placed to support them. Information sharing and service collaboration are vital in identifying risks early and facilitating early and appropriately targeted support. The schemes build upon and complement existing child and family wellbeing and safety responsibilities and practices.
The Information Sharing Scheme does not change child safety obligations. It complements existing privacy laws and will enhance the ability of early education and care services to meet child wellbeing and safety responsibilities under the Child Safe Standards and comply with mandatory reporting and other reporting obligations.
How Child Information Sharing Works – click here to watch the video. This animation provides an overview of the Scheme and how it can be used to help improve the wellbeing or safety of children
ELAA was awarded funding as part of the Child Information Sharing Capacity Building Grants Program 2021-22 for our project – The ABCs of CISS. The resources developed by ELAA will support early childhood educators to understand and use the Child Information Sharing Scheme to promote child wellbeing and safety. These resources are due for publication from the end of September 2022.
