1. Child Protection Update
AISSA
Child Protection Update
Roger Anderson & Mary Pickett
Date: June 5, 2014
Association of Independent Schools of South Australia
301 Unley Road, Malvern SA 5061
F (08) F (08) E

2. Welcome and Introductions
Roger Anderson
Mary Pickett
Sonia Albertini
Association of Independent Schools of SA

3. Child Safe Organisations
Values, Behaviours, & Culture
Policy, Procedures & Code of Conduct
Legislation

4. Child Protection Update
The context
Legal Obligations
Community Expectations
Ensuring a Child Safe School – prevention and going beyond compliance
Managing allegations and incidents
Support for Schools
Questions
Association of Independent Schools of SA

5. Legal obligations Children’s Protection Act School Registration
Enrolment contracts
Duty of care
Association of Independent Schools of SA

6. School registration requirement:
The Context
School registration requirement:
“the school provides adequate protection for the safety, health and welfare of its students”
Association of Independent Schools of SA

7. Legal Obligations Children’s Protection Act 1993
Schools are required to:
develop policies and procedures to establish and maintain child safe environments
conduct criminal history assessments for employees, contractors and volunteers in prescribed positions who are working with children (unless an exemption applies)
lodge a Child Safe Environment Compliance Statement with the Department for Education and Child Development (DECD)
Association of Independent Schools of SA

8. Update: Legal Obligations
Policies and procedures must comply with Standards and Principles issued from time to time by the Chief Executive, DECD. In particular:
Child Safe Environments: Principles of Good Practice
Child Safe Environments: Standards for dealing with information obtained about the criminal history of employees and volunteers who work with children
Association of Independent Schools of SA

10. Child Safe Environments: Principles of Good Practice
Principle 1: Identify and analyse risk of harm
Principle 2: Develop a clear and accessible child safe policy
Principle 3: Develop codes of conduct for adults and children
Principle 4: Choose suitable employees and volunteers
Principle 5: Support, train, supervise and enhance performance
Principle 6: Empower and promote the participation of children in decision-making and service development
Principle 7: Report and respond appropriately to suspected abuse and neglect 
Association of Independent Schools of SA

11. Criminal History Assessment
Criminal history assessment required before appointment and at least every three years for a person who has:
regular contact with children or working in close proximity to children on a regular basis, unless the contact or work is directly supervised at all times; or
supervises or manages persons in positions requiring or involving regular contact with children or working in close proximity to children on a regular basis; or
accesses records relating to children.
Association of Independent Schools of SA

12. Standards: Criminal History Information
Standards for dealing with information obtained about the criminal history of employees and volunteers who work with children
Standard 1: Identifying prescribed functions and prescribed positions
Standard 2: Developing understandable and accessible procedures to obtain criminal history reports
Standard 3: Conducting criminal history assessments in a timely and regular manner
Standard 4: Accepting other evidence
Standard 5: Assessing criminal history reports
Standard 6: Ensuring procedural fairness throughout the assessment and decision-making processes
Standard 7: Ensuring good practices when dealing with criminal history information
Association of Independent Schools of SA

13. Criminal History Assessment: Exemptions
Registered teachers
Police officers
A person who undertakes work on a voluntary basis to provide a service in his or her capacity as a parent or guardian of a child who is ordinarily provided with the service;
A person who undertakes work on a voluntary basis to provide a service and who is under 18 years of age;
A person who undertakes work in the course of, or for the purposes of, an event or activity that takes place over a period of not more than 10 consecutive days or not more than 1 day in any month;
Association of Independent Schools of SA

14. Legal Obligations Criminal Screening Teachers non-teachers
student teachers
volunteers
billeting families
DCSI, National Police Certificate, CrimTrac
Notification of incidents
Exchange of Information
Association of Independent Schools of SA

16. Community Expectations
Child focus
Not just school related matters
Debelle
Inter-sector Guidelines
Advise AISSA
Association of Independent Schools of SA

17. Child Safe Organisations
Values, Behaviours, & Culture
Policy, Procedures & Code of Conduct
Legislation

18. Beyond Compliance - a moral obligation
Child safe organisations take a proactive and preventative stance on child protection issues and foster a child safe environment as the main consideration in all its activities and management practices. Child protection is embedded in the organisation’s culture and is understood at all levels of the organisation.
A Child-Focused Community: Keeps actions relevant to the child’s needs not the needs of others.
Association of Independent Schools of SA

19. Prevention: being proactive
The best ‘response’ to adult sexual misconduct in education and care settings is to prevent it occurring in the first place.
The best way to limit adults’ opportunity to harm children and young people is to establish an environment where it is extremely hard for any inappropriate adult behaviours to go unnoticed and unchecked.
The leader’s role
Establishing a safe-aware environment where everyone will recognise inappropriate behaviour and speak up about their concerns, and
Taking the right action when those concerns are raised with you
Association of Independent Schools of SA

20. Beyond Compliance: a proactive approach
Nature of offenders:
Criminal intent
Opportunity and situational based child offending
Clear articulation to school community and beyond of your:
Child Protection Policy
Code of Conduct and Professional Boundaries
Consequences for breaches
Website, recruitment documentation, etc..
Association of Independent Schools of SA

21. Beyond Compliance: a proactive approach
Physical Environment: all sites
People: all employees, volunteers, visitors, contractors, students, parents
Culture:
Values, beliefs, perceptions and attitudes
Relationships and interactions
Awareness and action
Identify risks and vulnerable children
Recognise inappropriate behaviour
Speak up about concerns
Taking the right action when these concerns are raised

22. Beyond Compliance: The RIGHT People
Choosing and developing the right people:
The right people working in your organisation contribute to creating a positive, child safe environment. Whether you are choosing staff or volunteers, or supporting existing staff or volunteers, developing the right team is an important and ongoing process.
Recruit: To attract the right people include a statement about your commitment to being a child safe environment in your recruitment materials and on your school website.
Assess: Inquire about the applicant’s motivation to work with children, their competency and their values; verify their past experience; follow up their references – more than a criminal history check.

23. Training: Child-Safe Environments
All teaching and non-teaching staff: compulsory
Responding to Abuse & Neglect (RAN)Training
7 Hour Module then online update 3 yearly
2015 update year: keep everyone up to date and on the same page by doing 2015 training in the same term it is released
Tertiary Students (responsibility of the university)
Promoting Safety and Wellbeing: Induction for tertiary students working with children and young people in education and care sites
More than just training - keep child safety at the forefront
SA TEACHERS REGISTRATION Board requirement
STUDENT TEACHERS: Attended a lecture at their university or accessed the power point resource titled Promoting Safety and Wellbeing: Induction for tertiary students working with children and young people in education and care sites and;
Attended a follow up workshop for discussion and debrief and;
Successfully completed the Promoting Safety and Wellbeing Induction for tertiary students working with children and young people in education and care sites quiz with 100% accuracy.
Association of Independent Schools of SA

24. Training: Child-Safe Environments
Volunteers: Responding to Abuse and Neglect
Education and Care Induction for Volunteers
Online Module (20 minutes)
In-school
PowerPoint presentation, handbook and certificate
Association of Independent Schools of SA

25. Online - individual training – certificate at the end

26. Responding to abuse and neglect
Education and care induction session
for volunteers
Run by ‘leader’ in school PowerPoint + facilitators handbook
Explain that this information session will refer many times to the site’s “nominated staff person.”
As part of their induction to a site, volunteers should be told the name of the staff member with whom they should discuss any child welfare concerns if it is not the individual presenting.

27. ‘The more vigilant and transparent an education or care community is in complying with the Protective Practices document the more likely it will be that sexual misconduct can be prevented.’
Managing Allegations of Sexual Misconduct Guideline, p 7.

28. Are there regular discussions around ‘grey areas’?
Is your Child Protection Policy and ‘Code of Conduct’ understood by all staff, parents, students and volunteers?
Do staff understand the Protective Practices Guidelines and how they protect them?
Are professional boundaries and how they apply at your school discussed, made explicit and scrupulously abided by all staff ?
Are there regular discussions around ‘grey areas’?
Are the consequences of breaches clearly understood?
Would early intervention occur to prevent any boundary crossing escalating?
Parent Brochure – coming soon

29. Beyond Compliance: Students
Do all your students…
Know how to recognise abuse and to tell a trusted adult about it?
Understand what is appropriate and what is inappropriate? adult to child/child to child?
Have the skills and knowledge to keep themselves safe?
Have a voice that is listened to, responded to and respected within the school?
Association of Independent Schools of SA

30. KS: CPC Keeping Safe: Child Protection Curriculum (updated 2014)
Early Years: Ages Disability & additional needs
Early Years: Years R-2 + Culturally & linguistically diverse
Primary Years: Years 3-5 backgrounds
Middle Years: Years 6-9
Senior Years: Years 10-12
4 Focus Areas
1. Right to be safe Relationships
3. Recognising & Reporting Abuse 4. Protective Strategies
Endorsed by AISSA but not mandatory in SA Independent Schools
Compulsory for all DECD teachers
Linked to Australian Curriculum: Health & PE and Early Years Framework
Handout of framework KS:CPC
Association of Independent Schools of SA

31. Keeping Safe: Child Protection Curriculum
Training for teachers is now run by Principals Australia 1 full day ($100)
On-site training is available for schools ($1600)
For teachers who have completed the full day course an online update (approx. 1 hour) is now available
Resources available only to those who have completed the full day course and the update
Recommended for all JP/Primary Teachers and key teachers: H/PE, Pastoral Care, Well being etc. in Secondary Schools
Excellent resources
Association of Independent Schools of SA

32. Managing Allegations and Incidents

33. Managing allegations and incidents
AISSA notified by SAPOL and Families SA
Not just school incidents
Debelle recommendations
Communications – staff, parents, media
Managing allegations of sexual misconduct
Association of Independent Schools of SA

34. Managing Allegations and Incidents
PowerPoint for leaders to work through at the end of this presentation.
Revised 2013

35. Responding to problem sexual behaviour in children and young people:
Guidelines for staff in education and care settings.
Revised 2013

36. Reporting Child Abuse Report Line 13 14 78
Online
Records
Mandated notifiers: change to defence
Reporting to Principal
Counsellors confidentiality
Reporting child abuse by telephone
The Child Abuse Report Line on   is a part of Families SA. The Report Line is a centralised point of intake and all child protection concerns are to be reported to the Report Line.
Please remember that the Child Abuse Report Line is a 24 hour number and there may be other times when it is possible to make a report where you will not have to wait as long.
For immediate life threatening situations continue to call SAPOL 000
Some matters can now be reported through an online child protection reporting system.
Mandated notifiers still need to call the Child Abuse Report Line when notifying serious concerns about the suspected abuse and neglect of children.
Association of Independent Schools of SA

37. Lessons Learned

38. Resources & Support AISSA - call or contact by email AISSA website
Handout: support agencies
Association of Independent Schools of SA

39. Reflection What’s working well at your school?
What do you need to audit or rethink?
Staff understanding of their responsibilities to report concerns
Provision of the Child Protection Curriculum
Screening compliance/background checks
Documenting practice/record keeping
Staff understanding of professional boundaries and protective practices; discussions around ‘grey areas’
Association of Independent Schools of SA

40. Reflection 2. What do you need to audit or rethink?
Knowledge of the Responding Problem Sexual Behaviours Guidelines for sexual incidents between children and young people
Yard duty/Boarding House duties
One to one work involving mentors, boarding tutors, private providers, youth workers, coaches.
Governing council/parent community understanding of professional boundaries
Social Media Guidelines
What else?
RAN Training is a way to keep everyone on the same page about child protection at the same time.
Critical that everyone updates themselves in the same period.
2015 update year – update all staff in the same term it is released.
Association of Independent Schools of SA

41. QUESTIONS
Association of Independent Schools of SA

42. Introduction for site leaders
The following slides have been adapted from:
Managing allegations of sexual misconduct ppt
Introduction for site leaders

43. What is the right action?
Scenario 1: A parent rings you to say she is grateful for the support a teacher is providing to her daughter with her Yr12 studies. However she’s concerned the support is sometimes given by text message from their personal mobile phone on the weekends.
Scenario 2: A staff member shares a concern with you that a co- class teacher appears to be regularly counselling one of the students at the end of the day and sometimes at lunchtime, always in the classroom after other students have left and sometimes with the classroom door closed.
Discussion in groups
What would you do in each case?
Refer to Protective Practices document
Association of Independent Schools of SA

44. What is the right action?
Scenario 3: A parent tells the OSHC director that his son says he doesn’t like one of the OSHC staff because they ‘hang onto my waist sometimes when we play touch footy.’
Scenario 4: A child complains to the preschool director that one of the preschool staff stays in the toilet even though she doesn’t want any help.
Association of Independent Schools of SA

45. In all cases… The matter must be raised with the adult concerned
The direction and expectation about future behaviour must be made explicit:
Engage in play with students that does not involve inappropriate touch
Follow the centre’s toilet policy
Only use site approved IT systems for student support
Refer children with counselling needs to appropriate personnel
Do not spend time with students alone
The direction/expectation must be recorded, signed and dated by both the adult and the leader and stored in a confidential file with a copy provided to the adult
What processes do you have in place for recording and confidentially storing these types of concerns/conversations?
Could it be improved?
Does the school have a standard ‘record of concern’ document?
Association of Independent Schools of SA

46. In all cases…
If the concern is found to be unjustified it is very important this is still recorded, signed, dated and a copy provided to the adult.
The parents and, where appropriate, the child or young adult must be informed of how the matter has been responded to and this action must be outlined on the same record. If it is considered unsafe to speak with parents the reason for this must be included on a record of concern document
Association of Independent Schools of SA

47. In some cases…
Following up on a concern – looking at communication between an adult and a student, speaking with the adult concerned, other staff, parents or students – might reveal further information that raises the original concern to a more serious level, or
This may be the second occasion on which you have had concerns raised with you about an adult’s conduct and you may have already given clear direction to them regarding conduct expectations of the same or similar nature.
In cases where you are unsure about the seriousness of the matter, it would be advisable to discuss the facts confidentially (leadership team members, AISSA or seeking legal advice) before determining your next steps.
Association of Independent Schools of SA

48. The challenges of addressing concerns
What if …
the adult has made an innocent mistake?
the concern is found to be unjustified?
the adult is angry/devastated/offended that the matter has been raised?
the adult refuses to sign the report?
my working relationship with the adult is compromised?
the child/young person or parent isn’t happy with my action?
Discussion
Share your responses/strategies that you would use in these circumstances.
Best way to avoid having to address such matters in this way is to be scrupulously persistent in ensuring staff understand professional boundaries and how they apply to your site.
Association of Independent Schools of SA

49. Having these conversations protects…
Children and young people
Adults who have not understood appropriate boundaries and have no intent to harm children and young people
The parent community’s confidence in the school
The school’s compliance with policies such as Protective Practices
The leader’s integrity and authority
They also deter adults from exploiting their positions in working or volunteering with children and young adults
Association of Independent Schools of SA

50. Establishing an ‘aware’ community
Each of the four scenarios involved a concern that was raised with the leader because either a
parent
student or
other adult
knew what to speak up about and felt ‘safe’ to do so.
Of these three groups at your school – which are you most and least confident about in terms of their knowledge and comfort to speak up?
Parent brochure on Protective Practices Guidelines is being developed and will be available soon.
Association of Independent Schools of SA

51. Incidents of extreme seriousness
Death of a child/young person
Attempted or completed suicide on site
Serious physical harm of a child/young person (assault or accident)
Serious incident involving a child/young person under the Guardianship of the Minister
Serious allegations of sexual abuse between children and young people occurring at the site or when a duty of care applies (e.g. camp or excursion)
Serious threats to safety of site (e.g. fire, serious infectious disease, weapons or firearms)
Allegation of child sex related crime against an employee/volunteer/service provider
Serious neglect of duty of care by employee (e.g. child lost on excursion)
Serious criminal charges against an employee/volunteer
Serious allegations of sexual abuse can occur between children so it is important to remember that these must be reported and followed up using the processes already discussed
Clear documentation and records are to be kept of all such matters.
OSHC , Vacation Care sites have a reporting responsibility in this regard
Association of Independent Schools of SA

52. Incidents of extreme seriousness
A groundsman finds a school-based apprentice masturbating in the student toilet block. It is after hours and no children are at the school.
A Yr5 student tells her class teacher that a volunteer has been kissing her and feeling her bottom and has said they will hurt her if she tells anyone
A male Yr12 student grabs a female Yr8 student’s breasts, picks her up and hugs her on the oval at lunchtime. The girl reports the matter as she is afraid of the boy. The boy is suspended.
You are advised by a staff member that a contract teacher has a large quantity of videos of children taken at your school’s swimming carnival on their personal camera. The contract teacher did not have responsibility for filming the day and they did not seek your permission to film. Their contract has concluded and they no longer work at your site.
What would your response be?
Expected and preferred that leaders seek advice on such matters.
The obligation to respond exists even when the adult/student’s connection with the school has concluded
Association of Independent Schools of SA

53. Talking through the checklist p.20
The site leader’s starting point depends on how the allegation has been raised:
Either with you, by someone at your site or in your community’ or
You are advised by the police
Key responsibilities
Support for the child/young person and their family (Appendix 6)
Record keeping (Appendices 1 and 2)
Communication with others – advice to staff, letters to your parent community, meetings with individual parents, groups of parents, governing council members
Association of Independent Schools of SA

54. Reminders
Always seek advice if unsure about the seriousness of any matter raised with you
Your responsibility to act in response to allegations applies:
to any adult connected to the site
whether the connection to the site is current or the adult has resigned, is on leave or is deceased
no matter where or when the incident is alleged to have occurred
When an allegation relates to electronic material do not delete – quarantine it for SA Police investigation
Document everything as soon as possible in a factual manner using the templates provided
Documenting all action is vital
Association of Independent Schools of SA

55. Reflection and questions
What’s working well at your school?
What do you need to audit or rethink?
Staff understanding of their responsibilities to report concerns
The provision of the Child Protection Curriculum
Knowledge of the Responding Problem Sexual Behaviours Guidelines for sexual incidents between children and young people
Screening compliance/background checks
Yard duty practice (classroom security during recess and lunch, toilet policies)
One to one work involving mentors, private providers, youth workers, home visits
Governing council/parent community understanding of professional boundaries
Documenting practice
RAN Training is a way to keep everyone on the same page about child protection at the same time.
Critical that everyone updates themselves in the same period.
2015 update year – update all staff in the same term it is released.
Association of Independent Schools of SA

56. Association of Independent Schools of SA