Child safe policy
Child safe code of conduct
Purpose
The purpose of this Code of Conduct is to establish a clear standard of behaviour and conduct which is expected of Children and Young People with Disability (CYDA) Board members, Sub Committee members, staff, contractors, volunteers and attendees.
Scope
The scope of this Policy applies to all Board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees.
Definitions
- Child means a person below the age of 18 years.
- Young person means a person between the ages of 12 and 25 years.
- Adult means someone aged 18 years or over.
Guiding principles
- 1. CYDA acknowledges that children and young people with disability are more vulnerable to abuse than children and young people without disability. CYDA believes that all children should be treated with respect and that any form of child abuse and exploitation is unacceptable. CYDA has zero tolerance for child abuse.
- 2. CYDA believes that all children have the right to be safe at all times and we have an obligation to provide safe and protective services and environments.
- 3. CYDA recognizes its duty of care to take all reasonable steps to ensure that children are safe from harm.
- 4. CYDA will take proactive steps to create safe and child-safe programs as part of its operations. CYDA will not accept funding for programs that are not child-safe.
- 5. Adherence to this Code of Conduct is a mandatory requirement for all CYDA Board members, Sub Committee members, staff, contractors, consultants, volunteers, program/event/training attendees and any others involved or associated with any program.
- 6. CYDA will ensure that all Board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees are made aware of this Policy and their responsibilities in regards to it.
- 7. CYDA believes that all children should be equally protected and assisted regardless of their gender, nationality, sexuality, religious or political beliefs, family background, economic status, physical or mental health or criminal background.
Policy
CYDA will not tolerate any harassment, discrimination, abuse or harm of children and young people.
All board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees (including those engaged on a contractual or short-term basis) are responsible for supporting the safety, participation, wellbeing and empowerment of all children and young people involved with CYDA.
This Code of Conduct outlines appropriate standards of behaviour towards children and young people and aims to protect children and young people by reducing any opportunities for abuse or harm to occur.
All board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees are expected to follow this Code. Failure to do so will be considered misconduct, which may lead to dismissal and/or reporting to the police. Breaches of this code will be handled using CYDA’s disciplinary procedures.
All staff, Board Members, volunteers and contractors will hold a police check and working with children check.
In addition, all staff, Board Members, volunteers and contractors must:
- Always follow CYDA’s policies and procedures, including risk mitigation strategies and the Child Safe Reporting Procedure.
- Adhere to the National Principles for Child Safe Organisations and the Victorian Child Safe Standards, and follow the Code of Ethical Practice for the Victorian Youth Sector.
- Take all reasonable steps to protect children and young people from physical, emotional or sexual abuse, harm or neglect.
- Treat all children and young people with respect by listening to them, valuing their ideas and opinions and acting in a culturally sensitive way.
- Welcome and include all children and young people, regardless of their background or lived experience.
- Provide environments that are physically, emotionally and culturally safe, accessible and inclusive for all children and young people.
- Maintain professional boundaries and model appropriate adult behaviour in all real world and online contact with children and young people.
- Respect the privacy of children and young people, their families/carers, and only disclose information if you have informed consent or where there is a duty of care concern.
- Discuss any concerns about the safety of children or young people in your care with your manager/supervisor and/or one of CYDA’s designated Child Safety Officer
- Report any breaches of the Child Safe Code of Conduct to your manager/supervisor and/or the Child Safe Officer and the CEO.
- Contact the police if a child or young person is at immediate risk of abuse (telephone 000).
All board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees must not:
- Shame, humiliate, oppress, belittle or degrade any child or young person.
- Discriminate against any child or young person on the basis of age, gender, race, culture, disability, vulnerability or sexuality.
- Engage in any activity with a child or young person that is likely to cause them physical, emotional or cultural harm.
- Initiate unnecessary physical contact with a child or young person or do things of a personal nature for them that they can do for themselves.
- Be alone with a child or young person unnecessarily and/or for more than a very short time.
- Develop a ‘special’ relationship with a specific child or young person for your own needs.
- Engage in a romantic or sexual relationship with a young person you work with, or first made contact with through your work or volunteering, no matter the age of the young person.
- Show favouritism through the provision of gifts or inappropriate attention.
- Arrange unauthorised contact, including online or via the phone, with children or young people.
- Photograph or video a child or young person without their/their parents’/carers’ consent.
- Use inappropriate language in the presence of children or young people.
- Disregard any action or report that breaches CYDA’s child safe policies and procedures.
Breaches of the Child Safe Code of Conduct:
If any CYDA staff member or volunteer believes, or is aware of a breach of the Child Safe Code of Conduct by another CYDA staff member or volunteer they must:
- Act to prioritise the best interests of children.
- Take actions promptly to ensure that children are safe.
All board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees are expected to follow this Code of Conduct. Failure to do so will be considered misconduct, which may lead to dismissal and/or reporting to the police. Breaches of this code will be handled using CYDA’s disciplinary procedure, and may initiate the following possible outcomes:
No further action
Should an investigation into a matter result in a conclusion that the alleged event did not occur, was not as serious as had been alleged, or involved a misunderstanding, there may be no further action as a result.
Informal warning
Should an investigation into a matter result in a conclusion that the matter was not serious, or that the employee did not intend to breach policy, an informal warning may be given. This includes a note on the employee’s file regarding the occurrence, but this will be removed if there are no further incidents in the following 12 months. A record of the warning will also be placed on a register. The warning may consist of providing the employee with a copy of the relevant policy to review.
Formal warning
In the event of a breach of policy, a formal warning may be issued with:
- Details of the behaviours expected of all employees, staff and contractors;
- Details of the behaviours observed or indicated;
- Details as to the changes in behaviour expected in order to address these concerns; and
- A timeframe for review.
In the event that the changes in behaviour do not occur, the matter may progress to dismissal. In managing problems with performance, employees will usually be given more than one formal warning before proceeding to termination. The number of warnings will be proportionate to the severity of the performance issues, and will be communicated to the employee.
Dismissal or termination of contract
Dismissal is the final, and least desirable disciplinary action. It may occur where other methods have failed to resolve the matter, or where the matter is considered serious misconduct.
No dismissals are to take place by the CEO before the Board of Directors of CYDA have been briefed on the matter.
Child safe reporting procedure and incident report
Procedure statement
Children and Young People with Disability Australia (CYDA) will not tolerate any harassment, discrimination, abuse or harm of children and young people. All board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees (including those engaged on a contractual or short-term basis) are responsible for the care and protection of children and young people who participate in our organisation and for reporting information about abuse, by following this procedure. The procedure should be read in conjunction with Child Safe Code of Conduct.
Definitions
- Child means a person below the age of 18 years.
- Young person means a person between the ages of 12 and 25 years.
- Adult means someone aged 18 years or over.
Guiding principles
- 1. CYDA acknowledges that children and young people with disability are more vulnerable to abuse than children and young people without disability. CYDA believes that all children should be treated with respect and that any form of child abuse and exploitation is unacceptable. CYDA has zero tolerance for child abuse.
- 2. CYDA believes that all children have the right to be safe at all times and we have an obligation to provide safe and protective services and environments.
- 3. CYDA recognizes its duty of care to take all reasonable steps to ensure that children are safe from harm.
- 4. CYDA will take proactive steps to create safe and child-safe programs as part of its operations. CYDA will not accept funding for programs that are not child-safe.
- 5. Adherence to this Code of Conduct is a mandatory requirement for all CYDA Board members, Sub Committee members, staff, contractors, consultants, volunteers, program/event/training attendees and any others involved or associated with any program.
- 6. CYDA will ensure that all Board members, Sub Committee members, staff, contractors, consultants, volunteers and program/event/training attendees are made aware of this Policy and their responsibilities in regards to it.
- 7. CYDA believes that all children should be equally protected and assisted regardless of their gender, nationality, sexuality, religious or political beliefs, family background, economic status, physical or mental health or criminal background.
Reporting of abuse and legal responsibilities
Abuse of children is a crime and must be reported to the police. This includes:
- 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.
As aligned with best practice and the highest legal requirements, every adult who reasonably believes that a child (under 18) has been abused, whether in their organisation or not, must report that belief to authorities.
If you have concerns that a child or young person is at immediate risk of abuse or harm call the police on 000.
Reporting improper behaviour at work between any adult and a child
If you are concerned about improper behaviour between any adult and a child or young person, you should immediately inform your manager and/or CYDA’s designated Child Safety Officers and the CEO. Where a Child Safe Incident Report is required, this will be escalated to the CEO.
If the incident is concerning the CEO, you can report to the CYDA Board Chairperson.
What to do if a child or young person discloses an incident of abuse to you
- Explain that we take all abuse allegations very seriously.
- Ask about the wellbeing of the child.
- Allow the parent/carer to talk through the incident in their own words.
- Advise the parent/carer that you will take notes during the discussion to capture all details.
- Explain to them that you may need to repeat what they have told you to authorities or others, such as CYDA management, the police or child protection.
- Do not make promises, except that you will do your best to keep them safe.
- Physical and/or sexual abuse of children is a crime and must be reported to the police.
- Provide them with a Child Safe Incident report form (Appendix A) to complete or complete it together.
- Ask them what action they would like to take and advise them of what the immediate next steps will be.
- Ensure the report is recorded accurately, and that the record is stored securely.
- Be aware that some people from refugee or migrant backgrounds may face barriers in reporting allegations of abuse. For example, people from some cultures may experience anxiety when talking with police, or have difficulty communicating in English. Be sensitive to these issues and meet people’s needs where possible, such as having an interpreter present (who could be a friend or family member).
- If an allegation of abuse involves an Aboriginal child/young person, ensure a culturally appropriate response, e.g. by engaging with an Aboriginal community-controlled organisation.
- Some children/young people with a disability may experience barriers disclosing an incident. For example, children with hearing or cognitive impairments may need support to help them explain the incident, including through sign language interpreters. Consult the DHHS website.
As soon as possible after any disclosure:
- Ensure the child is safe, if the child is in immediate danger call 000.
- Ensure the child is unharmed, if the child is injured call 000.
- Complete a Child Safe Incident report (Appendix A). If you haven’t already done so. recording the information using the child/parent/carer’s words.
- Report the disclosure to your manager and/or Child Safe Officer.
- Report the disclosure to police or child protection.
- Update the incident report to ensure the disclosure is recorded accurately.
- Store the incident report securely in the locked HR cabinet in the CEO’s office and in a password protected document on the server.
- Book a time with your manager for a debrief.
Contact numbers
For information about state and territory authorities to make a report about a child safety concern, visit the National Office for Child Safety website.
Other contacts
1800 RESPECT (1800 737 732) in a national confidential information, counselling and support service that is available 24 hours a day, 7 days a week, for people impacted by domestic, family or sexual violence.
If you or someone you know has experienced child sexual abuse in an institutional context, you can contact Victoria Police’s SANO Task Force via email [email protected]. You may also wish to make a free call to the task force on 1800 110 007 to report matters relating to child sexual abuse.
The Sexual Offences and Child Abuse Investigation Teams (SOCITs) are made up of specialist detectives who are training to investigate the complex crimes of sexual offences and child abuse. SOCITs are based around the state and deal with cases from the time of disclosure, throughout the investigation process and then on to court.
To find your nearest SOCIT search by region here.
Reporting procedures if an allegation of abuse is made about a CYDA staff member or volunteer:
- Ensure the child is safe if the child is in immediate danger call 000.
- Ensure the child is uninjured or, if requiring immediate assistance call 000.
- Complete a Child Safe Incident report (Appendix A). If you haven’t already done so. recording the information using the child/parent/carer’s words.
- Report the disclosure to your manager and/or Child Safe Officer.
- Report the disclosure to police or child protection.
- Update the incident report to ensure the disclosure is recorded accurately.
- Store the incident report securely in the locked HR cabinet in the CEO’s office and in a password protected document on the server.
- Book a time with your manager for a debrief.
Privacy
All personal information considered or recorded will respect the privacy of the individuals involved unless there is a risk to someone’s safety. CYDA will have safeguards and practises in place to ensure any personal information is protected and will follow CYDA’s Privacy and Confidentiality Procedures.
Everyone is entitled to know how their personal information is recorded, what will be done with it, and who will be able to access it.
Legislation
Other reference material
Child Safety Code of Conduct
Guide for including children and young people in reportable conduct investigations: https://ccyp.vic.gov.au/assets/Uploads/Guide-Including-Children-and-Young-People-in-Reportable-Conduct-Investigations.pdf
