Child Safe Environments Policy

January 2021

Summary:

This information applies to all South Australian Ethnic and Community Language Schools in receipt of State Government funding.

Table 1: Document Details

Policy Number

ES01

Related Policies

All Ethnic Schools Policies and Procedures

Version

2.3

Created by

ESASA Policy Officer

Reviewed by

ESASA Executive Officer

Applies to

Ethnic Schools South Australia

Key Words

Child Safe Environments; Suspicion of harm; Risk of harm; Recruitment; Working with Children Check (previously Child-related Employment Screening); Reporting suspected abuse; Mandated notifiers; Safe Environments Training; Code of conduct; Complaint handling; Sensitive information.

Status

Approved

Approved By

ESASA Board

(Administrative updates approved by Executive Officer)

Approval Date

18th January 2021

Review Date

January 2022

Notes:

Version 2.3 – administrative and content updates

Table 2: Revision Record

Date

Version

Revision Description

1.0

Existing Policy

February 2017

2.0

Formatting; update to screening checks sections to reflect changes made to Department for Communities and Social Inclusion; added section on Child Safe Environments Requirements, removed background section

7th April 2017

2.1

· Added ESASA policies to Child Safe Environments – risk management plan section

· Add child wise resource

· Change Families SA to Department for Child Protection

· Addendum to page 5 – staff and volunteer recruitment process – added reference to Visitor and Parental Volunteer Policy

30th April 2017

2.1

Formatted key words, added key words

30th June 2019

2.2

· Added all current policies to Child Safe Environments requirement section, policy numbers added throughout, Child Safe Environments Requirement section dot point two is new; added reference to relevant policies throughout; updated guidelines for dealing with complaints, and consent for photographs

· Amend policy to make it generic by replacing individual school details with “Ethnic and Community Language Schools”

· Change name of Government Departments

· Changes in ‘Created By’ and ‘Reviewed By’ in Table 1; Changed Contents to Table of Contents; changed Further Documents to References and Other Documentation; updated References and Other Documentation; reformatting of table titles; formatting of policy

18th January 2021

2.3

· Replaced ‘Children’s Protection Act 1993’ to ‘Children and Young People (Safety) Act 2017’ and all reference relevant to the change

· Addition of key words; Addition of the term in Definitions.

· Added ES42 Child Safe Environments Requirements

· Removed the explanation on addition of policies

· Amend content in Recruitment of Personnel and to Mandated Notifiers

· Replaced ‘Child Safe Environments- Identifying and Responding to Child Abuse and Neglect’ to ‘Safe Environments Training’ · Changed the URL in Safe Environments Training and ESASA’s website

Table of ContentsChild Safe Environments Policy1Summary:1Table 1: Document Details1Table 2: Revision Record1Child Safe Environments Policy4Introduction4Purpose4Definitions5Policy6Child Safe Environments Requirements7Responsibilities8Screening and Background Check9Recruitment of personnel10Mandated Notifiers10Safe Environments Training11Procedures for dealing with Breaches12Guidelines for dealing with Emergency and Critical Incidences12Dealing with complaints and concerns13Effective Complaint Handling System13Consent for Photographs and Publications of Students13Communicating our Child Safe Environment Policy and Procedures14References and Other Documentation14

Child Safe Environments PolicyIntroduction

Ethnic and Community Language Schools believes that it is the fundamental right of all students and personnel in the school to have a safe, caring and protected environment. Personnel working at Ethnic and Community Language Schools provide languages and cultural services to children under 18 therefore the school has adopted Child Safe Environments Policy. This policy uses information from the Children and Young People (Safety) Act 2017; The Department for Child Protection (which replaced the Children’s Protection Act 1993)

Purpose

The purpose of this policy is to establish the Child Safe Environment requirements which includes but is not limited to provisions for Screening and Background Checks and Child-Safe Environments – Identifying and Responding to Child Abuse and Neglect training for personnel in Ethnic and Community Language Schools.

In the Children and Young People (Safety) Act 2017, Chapter 5- Children and young people at risk ‘Part 1 – Reporting of suspicion that child or young person may be at risk’ states that the requirements under this part are in addition to the duty of every person to safeguard and promote in particular the outcome that children and young people be kept safe from harm. This section applies to the Ethnic and Community Language Schools as it involves employees of, or volunteers in, an organisation that provides education, being a person who— (i) provides such services directly to children and young people; or (ii) holds a management position in the organisation the duties of which include direct responsibility for, or direct supervision of, the provision of those services to children and young people.

Chapter 8- Providing safe environments for children and young people; section 114- Certain organisations to ensure environment is safe for children and young people etc., further prescribe that in accordance with any requirement set out in the regulations, prepare or adopt policies and procedures of the following kinds (a) policies and procedures that ensure that the requirements under Chapter 5 Part 1 are satisfied and (b) policies and procedures designed to ensure that safe environments for children and young people are established and maintained in respect of the services or activities provided or undertaken by the prescribed organisation.

This policy clearly outlines that Ethnic and Community Language Schools have a duty of care to children who are under 18 in relation to children’s protection and the importance of child safe environments while they are under the care or supervision of their school personnel. This duty of care requires Ethnic and Community Language Schools to take all reasonable steps to protect children from foreseeable risks. To achieve this all personnel in an Ethnic and Community Language School must ensure that they:

· promote the safety and welfare of all children under 18 and

· provide a safe, caring and protected environment when undertaking activities in school.

Definitions

Throughout this Policy the following terms are used:

Children/child refers to any person under the age of 18 years

Harm can be referred to physical harm or psychological harm (whether caused by an act or omission) which includes such harm caused by sexual, physical, mental or emotional abuse or neglect.

Suspicion of harm is a suspicion that is reasonable in the circumstances with adequate evidence, such as observations, information, or specialist training or experience, to inform and support your opinion that a child has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering significant harm caused by physical or sexual abuse

Risk of harm are children that in harm’s way due to abuse or neglect. It means the harm hasn’t happened yet but you are aware of an incident or incidents, or actions or inactions, which are likely to result in significant harm in the future

Abuse or neglect can be sexual or physical or emotional abuse of the child, or neglect of the child, to the extent that – the child has suffered, or is likely to suffer, physical or psychological injury detrimental to the child’s well-being; or the child’s physical or psychological development is in jeopardy, and including a reasonable likelihood of the child being killed, injured, abused or neglected by a person with whom the child resides.

Relevant personnel in Ethnic Schools refers to all employees, teachers, administrators and relevant volunteers who work directly or in close proximity with children under 18 or have access to children’s records.

Teacher refers to anyone involved in education and training environments.

Volunteer refers to an individual who receives no remuneration for the work they do except out-of-pocket expenses; and the work fulfils a charity or community service good.

Out-of-pocket expenses this means it is important to keep receipts or logbooks for recording the amount the volunteer is receiving reimbursement and for what reasons e.g. petrol, phone calls etc.

Natural Justice applies when a person’s rights are likely to be affected. It refers to the person’s right to have an unbiased decision made after being given an opportunity to present his or her case to the decision maker

Screening and Background Check assesses the suitability of individuals to work with children.

Safe environment refers to a place where adults take reasonable measures to ensure that children are protected from harm and know that adults will act on their behalf

Policy

The well-being of children is the responsibility of our entire community. Children and young people have the right to be safe and protected at all times, including when accessing services to the community. A Child Safe Environment is a safe and friendly setting where children feel respected, valued and encouraged to reach their full potential. Ethnic and Community Language Schools provides a Child Safe Environment by:

· taking preventative, proactive and participatory stance on child protection issues,

· valuing and embracing the opinions and views of children and young people

· assisting children and young people to build skills that will assist them to participate in society

· focusing on the protection of children and young people and taking action to protect them from harm

· providing parents, guardians or carers evidence of their child safe policies and procedures when requested

This policy is based upon the following principles for children under 18:

· their safety is the paramount consideration and shall not be overridden by any other interests

· they are the most vulnerable members of our society

· they need to know and believe that they have the right to be safe at all times

· they are entitled to basic human rights regardless of special needs, cultural, or socioeconomic factors

· they are people in their own right deserving of respect, care and protection

· they are entitled to the support of a person to act as an advocate on their behalf.

Ethnic and Community Language Schools acknowledges that children are entitled to:

· be free from threat of danger, harm or loss

· have their rights upheld and welfare promoted

· protection against physical, sexual and psychological harm or neglect.

Child Safe Environments Requirements

Ethnic and Community Language Schools have developed the following policies and procedures to ensure the school has met the criteria to provide a Child Safe Environment:

· ES02: Risk Management Policy

· ES03: Teacher Selection Procedures and Recruitment Policy

· ES04: Grievance and Complaints Policy

· ES05: School Personnel Code of Conduct Policy

· ES06: Student Code of Conduct Policy

· ES07: Enrolment Policy and Procedures

· ES08: Emergency and Critical Incidence Policy

· ES09: Supervision of Students Policy

· ES10: Personal Information and Photograph Release Policy

· ES11: Communication Policy and Guidelines

· ES12: Principal Job Description Policy

· ES13: Management Committee Policy and Guidelines

· ES14: Working with Children Check Policy and Procedures

· ES15: Sexual Harassment Policy

· ES20: Data and Information Policy

· ES21: Copyright Policy

· ES22: School Safety and Security Policy

· ES23: Work Health and Safety Policy

· ES24: Visitor and Parental Volunteer Policy

· ES25: Managing Trespass and Misbehaviour Policy

· ES34: Student Attendance Policy

· ES35: Behaviour Management Policy and Procedures

· ES36: Excursion and Incursion Policy

· ES37: Medication, Accident and First Aid Policy

· ES38: Anti-Bullying Policy

· ES39: Cyber-Safety Policy

· ES40: Special Needs Policy

· ES41: Gender Identity Policy

· ES42: Student Personal Care Policy (New)

· ES45: Hot Weather Policy

· ES46: SunSmart Policy

· ES47: Immunisation and Infection Control Policy

· ES48: Animals in School Policy

· ES53: Screening DVDs and Movies Policy

Responsibilities

Ethnic and Community Language Schools’ personnel will act in a positive way to develop a safe environment for children under 18. The principal of Ethnic and Community Language Schools will fulfil the following key responsibilities:

· Be aware of the definitions of as suspicion of harm or risk of harm contained in the Children and Young People (Safety) Act 2017, Section 31 (Chapter 5). Copies of the above legislation can be downloaded at https://www.childprotection.sa.gov.au/news/dcp-news/children-and-young-people-safety-act-2017

· Report suspicion of harm or risk of harm as required by the Children and Young People (Safety) Act 2017, Section 31 (Chapter 5)

· Requirements of criminal history screening established under the Child Protection (Miscellaneous) Amendment Bill 2005.

· Ensure all school personnel attend Safe Environments Training every three years and prior to starting any role at an Ethnic and Community Language School

· Implement all policies and procedures as provided by the Ethnic Schools Association of South Australia, or amend policies with the approval of the Ethnic Schools Association of South Australia

· Ensure all school personnel are familiar with all school policies and procedures

· Inform parents of relevant school policies and procedures

· Ensure all school personnel have up-to-date Working with Children Check (previously known as Child-related Employment Screening) and that these checks are carried out every three- five years

· Implement a complaint handling system and resolve all complaints in a timely manner

To fulfil these responsibilities, all personnel working directly or in close proximity with children under 18 or have access to children’s records in an Ethnic and Community Language School, must undertake Criminal History Screening and Safe Environments Training.

Screening and Background Check

All Ethnic Schools during the term of their funding agreement(s) with the Department for Education agrees to employee only teachers/instructors who have provided an assessment of their relevant history including a clearance to work with children undertaken through the Department for Human Services before they begin work with your school. Ethnic and Community Language Schools have a dedicated policy (ES14) that explains Working with Children Checks

Child-related employment screening assesses whether a person may pose a risk to the safety of children, while engaged to act in certain types of position within an organisation as an employee of volunteer. All relevant personnel working directly or in close proximity with children under 18 or have access to children’s records – paid or unpaid (voluntary) will be required to complete the Department of Human Services (DHS) Screening and Background Check.

Screening and Background checks assesses the suitability of individuals to work with children. Assessments consider the criminal history of applicants and other relevant information. The assessments are processed confidentially with the principles of natural justice in the decision making process. Criminal history screening considers a national summary of an individual’s offender history. All information will be dealt with in the strictest confidence and in accordance with the relevant legislation and policies.

Ethnic and Community Language Schools will use the following guiding principles when a Screening and Background Check has been conducted:

· The safety of children and young people is of paramount concern and shall not be overridden by any other interests

· Persons must be suitable to work or volunteer with children and young people at all times

· Persons must be suitable to work or volunteer in close proximity to children and young people at all times

· A determination about a person’s suitability to work or volunteer with or in close proximity to children and young people must be based on sufficient and relevant information

· The assessment of a person’s suitability to work or volunteer with or in close proximity to children and young people is continuous

· The responsibility to monitor persons working or volunteering with or in close proximity to children and young people is continuous

· Risks to children and young people must be responded to whenever they become known or suspected

· Personal and sensitive information about a person’s history must not be misused.

Refer to Policy ES14 on how to register for access to the Department of Human Services online system. Ethnic and Community Language Schools must only employ teachers or accept volunteers who have a valid and current Screening Check.

Recruitment of personnel

Ethnic and Community Language Schools has a dedicated policy (ES03: Teacher Selection Procedures and Recruitment Policy) that outlines the recruitment process that the Management Committee will use when employing teaching staff. The recruitment of any personnel to work in any capacity at Ethnic and Community Language Schools will undergo a rigorous process including an interview, confirmation of applicable qualifications and referee checks will be conducted. Before recruiting any person to work in an Ethnic and Community Language School the following will be considered:

· The Management Committees and/or School Committee will not recruit any person who has been convicted of any child related offence, including sexual offences.

· Any existing personnel in who have been convicted of any child related offence including sexual offences against a child will not be employed.

Mandated Notifiers

In accordance with the Children and Young People (Safety) Act 2017, Chapter 5 (Part 1-Application of Part), the following personnel from Ethnic and Community Language Schools are considered mandated notifiers:

· Management committee,

· School committee,

· Teacher,

· Volunteer who is engaged in direct contact with children.

Relevant personnel who are mandated notifiers are obliged by law, to notify Department for Child Protection SA within the Department for Education if they suspect on reasonable grounds that there is a suspicion of harm or risk of harm to a child. The Child Abuse Report Line (CARL) is a confidential state wide 24 hour service – phone number: 13 14 78. It is important to note that by law the suspicion is formed in the course of their work, paid or voluntary or in carrying out official duties.

This necessitates ensure that they understand how the Children and Young People (Safety) Act 2017 defines suspicion of harm or risk of harm. Failure to notify is an offence under the Act and carries a maximum penalty of a $10,000 fine. Registration with the Ethnic Schools Association of South Australia will require all personnel in Ethnic and Community Language Schools to abide by legislative requirements as mandated notifiers who will be required to be trained.

Safe Environments Training

ESASA provides Safe Environments Training through ‘Safe environments – Through their eyes’ which is a training provider with courses developed by the department to assist and support personnel in ethnic schools by raising awareness and understanding of their responsibilities as mandated notifiers to recognise, report and respond to children or young people who may be at risk of harm and build their capacity to provide safe environments within their Ethnic and Community Language school.

Ethnic and Community Language Schools’ personnel must attend this training according to the guidelines set out by Department for Child Protection SA. Safe Environments Training is not suitable for children. The Ethnic Schools Association of South Australia will accommodate mothers with babies and is a breast feeding friendly association. Personnel of Ethnic and Community Language Schools who are under the age of 18 must obtain permission from the Ethnic Schools Association of South Australia prior to enrolling in Safe Environments Training. The Ethnic Schools Association of South Australia will conduct a minimum of 11 workshops a year and dates and registration forms for workshops are available at https://www.esasa.asn.au/schools-personnel/training/workshops-courses-and-events/

Description of the training and ESA activities.

Two approved accredited Department for Child Protection SA mandated notification trainers must deliver the training as below:

3.5 hour minimum Module training

is for all teachers, volunteers, personnel who have not previously undergone mandated notification training or who have not done training more than three years ago

The Safe Environments Training outlines how personnel in Ethnic Schools can:

· identify if there is a suspicion of harm or risk of harm to a child

· use appropriate reporting procedures

· respond appropriately to disclosure

· take into account social and cultural factors associated with suspicion of harm or risk of harm to a child

· be aware of changes to legislative and departmental requirements.

The Ethnic Schools Association of South Australia will undertake to provide the following activities:

· provide access to ongoing training and development for employees and volunteers to enable them to fulfil their key responsibilities under the Children and Young People (Safety) Act 2017 and any further amendments to the Act.

· maintain processes for recording all personnel in Ethnic Schools who have completed the mandated notification training for statistical and compliance purposes

· maintain supportive procedures for fulfilling mandatory reporting obligations

· provide ongoing child protection and abuse prevention programs in Ethnic Schools

· monitor, evaluate and review their child protection and abuse prevention programs and any further amendments to the Children and Young People (Safety) Act 2017

Procedures for dealing with Breaches

All school personnel and volunteers at an Ethnic and Community Language School have a responsibility for promoting and supporting the schools’ values and standards of behaviour. When a school personnel or volunteer is found to have acted outside of the ES01: Child Safe Environments Policy they will be subject to disciplinary action commensurate with the seriousness of their actions. This disciplinary action may take the form of a warning, counselling or dismissal from an Ethnic and Community Language School. Breaches of this Policy will be investigated on a case by case basis.

Guidelines for dealing with Emergency and Critical Incidences

Ethnic and Community Language Schools have a dedicated policy (ES08: Emergency and Critical Incident Policy) which outlines procedures for dealing with an emergency and incidences. This policy also includes an injury form to report any injury, trauma and illness including child suspicion of harm or risk of harm to a child.

Dealing with complaints and concerns

Ethnic and Community Language Schools have a dedicated policy (ES04: Grievance and Complaints Policy) which outlines the procedures for dealing with complaints and concerns. The following is a summary of the policy. All school personnel are required to be familiar with the ES04: Grievance and Complaints Policy.

Complaints are an important way for Ethnic and Community Language Schools to be accountable to the public, as well as providing valuable prompts to review organisational performance and the conduct of people that work within and for it.

A complaint is an “expression of dissatisfaction made to or about an organisation, related to its products, services, personnel or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required”.

An effective complaint handling system provides three key benefits to an organisation:

· It resolves issues raised by a person who is dissatisfied in a timely and cost-effective way;

· It provides information that can lead to improvements in service delivery; and

· Where complaints are handled properly, a good system can improve the reputation of an organisation and strengthen public confidence in an organisation’s administrative processes.

Effective Complaint Handling System

Where possible, complaints are best handled by teachers or volunteers or the person directly. These people should be able to resolve complaints at first contact and should log complaint details for further analysis. More serious complaints, or complaints that cannot be resolved by teachers or volunteers, should be referred to the Principal of an Ethnic and Community Language School.

Consent for Photographs and Publications of Students

Ethnic and Community Language Schools will obtain prior consent from parents at the beginning of each school year for the permission to use from time to time their child/children’s photos/video footage/other images or work. Consent will be obtained from parents on the annual enrolment form. Publications may include but are not limited to newsletters, magazines and publications which are produced by the school community, the Ethnic Schools Association of SA Inc., and the Department for Education.

Ethnic and Community Language Schools will use Ethnic Schools Association of South Australia approved student enrolment forms that include section on consent for photographs and publications of students. Both parents/guardians must sign this form upon enrolling students in an Ethnic and Community Language School.

Communicating our Child Safe Environment Policy and Procedures

Ethnic and Community Language Schools will communicate the ES01: Child Safe Environment Policy and Procedures to all school personnel, volunteers, members, families and children through the following:

· personnel induction – all new personnel will be given a copy of the policy and the policy will be discussed to ensure all staff are aware of their requirements

· a copy of the policy can be found on the Ethnic Schools Association of South Australia website (https://www.esasa.asn.au/school-information/policies-for-ethnic-schools/ )

· For more details, refer to ES11: Communications Policy.

References and Other Documentation

This policy builds on and complements the following state legislation and other documents:

· Children and Young People (Safety) Act 2017

https://www.legislation.sa.gov.au/LZ/C/A/CHILDREN%20AND%20YOUNG%20PEOPLE%20(SAFETY)%20ACT%202017/CURRENT/2017.25.AUTH.PDF

· Children’s Protection Act (1993)

· Child Wise: https://www.childwise.org.au/page/79/fact-sheets

· Department for Child Protection: Reporting Child Abuse -https://www.childprotection.sa.gov.au/reporting-child-abuse

· Department for Education: Child Safe Environments -

https://www.education.sa.gov.au/child-protection/child-safe-environments

· ‘Keeping them Safe,’ South Australian Government’s Child Protection Reform Program

· ‘Our Best Investment’ Robyn Layton QC, Child Protection Review

· South Australian Inter-agency Guidelines for Child Protection

· Teachers Registration and Standards Act 2004

ES01: Child Safe Environments Policy Page 7 of 14 January 2021