Page History

1. Purpose

All children have a right to feel safe and to be safe. At Princes Hill Secondary College we have a legal and moral responsibility to respond to serious incidents involving abuse and neglect of the children with whom we have contact, and to report instances that we believe involve physical abuse, sexual abuse or neglect.

2. Policy Statement

This Policy complies with Ministerial Order No. 870 ‐ Child Safe Standards ‐ Managing the risk of child abuse in schools.

This policy helps all staff understand mandatory reporting, and the failure to disclose offence which commenced on 27 October 2014, and the failure to protect offence which commenced on 1 July 2015. In summary:

• The mandatory reporting obligation is set out in Part 4.4 of the Children, Youth and Families Act 2005. Section 184 imposes an obligation on teachers, principals and other persons listed in Section 182, to make a mandatory report if they form a belief on reasonable grounds that a child is in need of protection on the grounds that the child has suffered, or is likely to suffer, significant harm because of physical injury or sexual abuse, and the child's parents have not protected, or are unlikely to protect, the child from harm of that type.
• The failure to disclose offence requires any adult (subject to specific exemptions) who forms a reasonable belief that a sexual offence has been committed by an adult against a child under 16, to report that information to police. Failure to disclose the information to police is a criminal offence.
• A new offence relating to a Failure to Protect has been introduced in Victoria to help protect children under 16 from sexual abuse.

3. Implementation

To ensure that children’s rights to be safe are maintained and that each child is protected against physical and sexual abuse, and neglect:

• All members of the Teaching Service are mandated by law to report signs of physical and/or sexual abuse, and neglect.
• The school will institute processes for informing staff on Mandatory Reporting and the reporting of suspected child abuse which are clear and robust, including:
  • Step by step guides for staff outlining when and to whom a report must be made
  • Requirements for accurate recording of relevant information and actions taken
  • Clear criteria for assessing how and when to report to the Child Safety Officer/Principal/Authorities (the police and/or child protection), which comply with all legal requirements
  • Provision of a dedicated person for staff and children to contact to discuss a suspected abuse or child safety concern
  • Publicise on our website information about Mandatory Reporting; enabling for families and children avenues for reporting incidents or concerns
  • Institute a feedback process for staff, volunteers, children and families on organisational policies and procedures for reporting abuse, recognising particular needs of Aboriginal peoples, people from culturally and/or linguistically diverse backgrounds, people with a disability and LGBTQI+ students
• New staff will be informed of mandatory reporting responsibilities and procedures as part of the induction procedure.
• Staff will be reminded of mandatory responsibilities annually by the Child Safety Officer and DET automated email relating to eLearning Professional Development.
• All concerns must be reported immediately to the Child Safety Officer, Principal, or in their absence, an Assistant Principal.
• The Child Safety Officer, Principal, or in their absence, the Assistant Principal will keep a record of all discussions about a student with whom there is a concern.
• If a belief has been formed by a staff member that child abuse has taken place a “Responding to Suspected Child Abuse” template (also available from the Child Safety Officer) must be completed and filed in the student’s file in a sealed envelope marked ‘Confidential – to be opened by Principal class only’.
• The teacher and/or the Principal class officer will contact the Department of Human Services by telephone as soon as possible to make an official notification on: North West Metropolitan Region Preston 1300 664 977 or after school hours crisis line 131278.
• Members of the Department of Health & Human Services (DHHS) or associated support or intervention services that visit the school following a notification, will interview staff and children only in the presence of a Principal class member or his/her nominee.
• All reports, information sheets and subsequent discussions and information will remain strictly confidential.
• Students, who disclose to staff a desire to harm themselves or others, must be reported by staff to the Child Safety Officer and Principal.
• It is a requirement under Ministerial Order No. 870 ‐ Child Safe Standards ‐ Managing the risk of child abuse in schools for schools to keep clear and comprehensive notes on all observations, disclosures and other details that led them to suspect the abuse. All documentation will be stored securely.

In response to the Betrayal of Trust Report, the Victorian Government has introduced new criminal offences to protect children from sexual abuse. New legislation states that failure to report, or take action in relation to suspected child sexual abuse can now constitute a criminal offence. This includes:

Failure to Disclose

This offence applies to all adults (not just professionals who work with children) who form a reasonable belief that another adult may have committed a sexual offence against a child under 16 years of age and fail to report this information to Victoria Police.

More information can be accessed using this link.

Failure to Protect

This offence applies to people in positions of authority (Principal Class) who:

• Knows of a substantial risk that a child under the age of 16, under the care, supervision or authority of the organisation will become a victim of a sexual offence committed by an adult associated with the organisation (e.g. employee, contractors, volunteer, visitor) and;
• Negligently fails to remove or reduce the risk of harm.

More information can be accessed using this link.

All Princes Hill Secondary College staff must act as soon as they witness an incident that breaches student safety or when they form a reasonable belief that a child has been or is at risk of being abused. Six different identified types of abuse are:

1. Physical: Abuse which is any non‐accidental infliction of physical violence on a child by any person.

2. Sexual: Is when a person uses power or authority over a child to involve them in sexual activity (which can also include non‐contact offences). It may not always involve force, as in some circumstances, a child may be manipulated.

3. Grooming: Is when a person engages in predatory conduct to prepare a child for sexual activity at a later time. This may involve communicating and/or attempting to befriend or establish a relationship or other emotional connection with the child or their parent/carer.

4. Emotional: Emotional child abuse occurs when a child is repeatedly rejected, isolated, or frightened by threats or by witnessing family violence.
5. Neglect: Serious neglect significantly impairs the health or physical development of the child or places this development at serious risk.
6. Family Violence: Family violence can include physical violence or threats, verbal abuse, emotional and physical abuse, sexual abuse and financial and social abuse.

Receiving a Disclosure (Current/Former Student)

If a child discloses that they have been, are being, or are in danger of being abused, Princes Hill Secondary College staff must treat the disclosure seriously and take immediate action by following the Four Critical Actions for Schools: Responding to Incidents, Disclosures or Suspicions of Child Abuse or the Four Critical Actions for Schools: Responding to Student Sexual Offending.  

If a former student discloses historical abuse, all staff MUST act. If the former student is currently of school age and attending a Victorian school, staff must follow the Four Critical Actions for Schools: Responding to Incidents, Disclosures or Suspicions of Child Abuse. If the student is no longer of school age or attending a Victorian school, staff must still act by contacting Victoria Police. All disclosures MUST be documented utilising the Responding to Suspected Child Abuse template. Strategies and advise on how to handle a disclosure can be found at Child Protection and Child Safe Standards (PROTECT): Identify child abuse.

Forming a Suspicion

All staff suspicions that a child has been or may be in danger of being abused must be taken seriously. Princes Hill Secondary College staff should liaise with our Child Safety Officer, who will advise on the specific incident.

Forming a Reasonable Belief

If Princes Hill Secondary College staff witness behaviour, have a suspicion or receive a disclosure of child abuse, that staff member needs to determine whether they have formed a 'Reasonable Belief' that a child is being abused or is at risk of being abused. A reasonable belief does not require proof (but needs to be more than a rumour).

A ‘reasonable belief’ or a ‘belief on reasonable grounds’ is not the same as having proof but is more than mere rumour or speculation. A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds. For example, a ‘reasonable belief’ might be formed if:

• a child states that they have been physically or sexually abused
• a child states that they know someone who has been physically or sexually abused (sometimes the child may be talking about themselves)
• someone who knows a child states that the child has been physically or sexually abused
• professional observations of the child’s behaviour or development leads a professional to form a belief that the child has been physically or sexually abused or is likely to be abused
• signs of abuse lead to a belief that the child has been physically or sexually abused

When identifying child abuse, it is critical to remember that:

• The trauma associated with child abuse can significantly impact upon the wellbeing/development of a child.
• All concerns about the safety and wellbeing of a child, or the conduct of a staff member, contractor or volunteer must be acted upon as soon as practicable.

Responding to Incidents, Disclosures and Suspicions of Child Abuse

Staff members of Princes Hill Secondary College play a critical role in protecting children in their care, including:

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The purpose of this policy is to outline the procedures our school has in place to respond to complaints or concerns relating to child abuse and to ensure that all staff and members of our school community understand and follow the various legal obligations that apply to the reporting of child abuse to relevant authorities.

This policy applies to complaints and concerns relating to child abuse made by or in relation to a child or student, school staff, volunteers, contractors, service providers, visitors or any other person while connected to the school (physical and online).

2. Policy Statement

Princes Hill Secondary College understands the important role our school plays in protecting children from abuse. We have a range of policies and measures in place to prevent child abuse from occurring at our school or during school activities.

3. Implementation

Information for Students

• All students should feel safe to speak to any staff member to raise any concerns about their safety or any other concerns that they have.
• If a student does not know who to approach at Princes Hill Secondary College they should start with a member of the Sub School.

Identifying Child Abuse

To ensure we can respond in the best interests of students and children when complaints or concerns relating to child abuse are raised, all staff and relevant volunteers must:

• understand how to identify signs of child abuse and behavioural indicators of perpetrators - for detailed information on identifying child abuse and behavioural indicators of perpetrators refer to Identify child abuse
• understand their various legal obligations in relation to reporting child abuse to relevant authorities - for detailed information on the various legal obligations refer to Appendix A
• follow the below procedures for responding to complaints or concerns relating to child abuse, which ensure our school acts in the best interests of students and children and complies with both our legal and Department policy obligations

At Princes Hill Secondary College we recognise the diversity of the children, young people, and families at our school and take account of their individual needs and backgrounds when considering and responding to child safety incidents or concerns.

Procedures for Responding to an Incident, Disclosure, Allegation or Suspicion of Child Abuse

In responding to a child safety incident, disclosure, allegation or suspicion, Princes Hill Secondary College will follow:

• the Four Critical Actions for Schools for complaints and concerns relating to all forms of child abuse
• the Four Critical Actions: Student Sexual Offending for complaints and concerns relating to student sexual offending
• our Student Wellbeing and Engagement Policy and Bullying Prevention Policy for complaints and concerns relating to student physical violence or other harmful student behaviours.

School Staff and Volunteer Responsibilities

1. Immediate Action

If a school staff member or volunteer witnesses an incident of child abuse, or reasonably believes, suspects or receives a disclosure or allegation that a child has been, or is at risk of being abused, they must:

• If a child is at immediate risk of harm, separate alleged victims and others involved, administer first aid (appropriate to their level of training) and call 000 for urgent medical or police assistance where required to respond to immediate health or safety concerns
• Notify a member of the wellbeing team, sub school or Principal team as soon as possible, who will ensure our school follows the steps in these procedures

Refer to Appendix B for guidance on how to respond to a disclosure of child abuse.

2. Reporting to Authorities and Referring to Services

As soon as immediate health and safety concerns are addressed, and relevant school staff have been informed, the member of the student wellbeing team, sub school or Principal team must report all incidents, suspicions and disclosures of child abuse as soon as possible.

The following steps will ensure our school complies with the four critical actions as well as additional actions required under the Child Safe Standards.

The member of the student wellbeing team, sub school or Principal team must ensure:

• all relevant information is reported to the Department of Families, Fairness and Housing (DFFH) Child Protection, Victoria Police or relevant services where required
• the incident is reported to the Department’s eduSafe Plus portal or the Incident Support and Operations Centre (1800 126 126) in accordance with the severity rating outlined in the Managing and Reporting School Incidents Policy
• all reportable conduct allegations or incidents are reported by the Principal to the Department’s Employee Conduct Branch (03 7022 0005) – where a reportable conduct allegation is made against the Principal, the Regional Director must be informed who will then make a report to Employee Conduct Branch

If you believe that a child is not subject to abuse, but you still hold significant concerns for their wellbeing you must still act. This may include making a referral or seeking advice from Child FIRST or The Orange Door (in circumstances where the family are open to receiving support) DFFH Child Protection or Victoria Police.

3. Contacting Parents or Carers

The Principal must ensure parents and carers are notified unless advised otherwise by DFFH Child Protection or Victoria Police, or there are other safety and wellbeing concerns in relation to informing parents/carers.

Principals may contact the Department of Education and Training Legal Division for advice on notifying parents and carers, and where relevant, the wider school community.

For further guidance, refer to PROTECT Contacting parents and carers

4. Ongoing protection and support

The Principal must ensure appropriate steps are taken by the school to protect the child and other children from any continued risk of abuse. These steps must be taken in consultation with any relevant external agency or Department staff such as DFFH Child Protection, Victoria Police, Legal Division or Employee Conduct Branch. Ongoing protection will also include further reports to authorities if new information comes to light or further incidents occur.

Appropriate, culturally sensitive and ongoing support must be offered and provided to all affected students. Ongoing support will be based on any available advice from the Department, parents and carers, health practitioners, and other authorities (such as DFFH or Victoria Police) and may include referral to wellbeing professionals, development of a safety plan, student support group meetings, and, for student to student incidents, behaviour management and support measures.

5. Recordkeeping

The Principal will ensure that:

• detailed notes of the incident, disclosure, allegation or suspicion are taken using the Responding to Suspected Child Abuse: Template or the Responding to Student Sexual Offending: Template including, where possible, by the staff member or volunteer who reported the incident, disclosure, or suspicion to them
• detailed notes are taken of any immediate or ongoing action taken by the school to respond to the incident, disclosure, allegation or suspicion
• all notes and other records relating to the incident, disclosure, allegation or suspicion, including the schools immediate and ongoing actions, are stored securely on Compass under Administration 3 access

For School Visitors and School Community Members

All community members aged 18 years or over have legal obligations relating to reporting child abuse – refer to Appendix A for detailed information.

Any person can make a report to DFFH Child Protection or Victoria Police if they believe on reasonable grounds that a child is in need of protection. For contact details, refer to the Four Critical Actions.

Members of the community do not have to inform the school if they are making a disclosure to DFFH Child Protection or the Victoria Police. However, where a community member is concerned about the safety of a child or children at the school, the community member should report this concern to the principal so that appropriate steps to support the student can be taken

Additional Requirements for all Staff

All staff play an important role in supporting student safety and wellbeing and have a duty of care to take reasonable steps to prevent reasonably foreseeable harm to students.

Fulfilling the roles and responsibilities in the above procedure does not displace or discharge any other obligations that arise if a person reasonably believes that a child is at risk of child abuse.

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This means that if, after following the actions outlined in the procedure, a staff member reasonably believes that a child

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remains at risk of abuse, they must take the following steps:

• if they are concerned that the school has not taken reasonable steps to prevent or reduce the risk, raise these concerns with the principal in the first instance, and escalate to the regional office if they remain unsatisfied.
• report the matter to the relevant authorities where they are unable to confirm that the information has been reported by another staff member  

Staff must refer to Appendix A for further information on their obligations relating to reporting to authorities.

4. Evaluation & Review

This policy will be reviewed every 2 years.

5. Definitions

Child Abuse includes:

• • physical violence inflicted on a child
  • sexual offences committed against a child
  • grooming of a child by an adult
  • family violence committed against or in the presence of a child
  • serious emotional or psychological harm to a child
  • serious neglect of a child.

The definition of child abuse is broad and can include student to student incidents and concerns, as well as behaviour committed by an adult. 

Grooming - a criminal offence under the Crimes Act 1958 (Vic) and is a form of child abuse and sexual misconduct. This offence targets predatory conduct undertaken by an adult to prepare a child, under the age of 16, to engage in sexual activity at a later time, either with the groomer or with another adult. Grooming can include communicating (including electronic communications and communicating by conduct) and/or attempting to befriend or establish a relationship or other emotional connection with the child or their parent or carer.

School Staff Member - For the purpose of this policy a school staff member includes a contractor engaged by the school or school council to perform child-related work.

6. References

The following Department policies and guidance are relevant to this policy:

• • • Child Safe Standards
    • Protecting Children — Reporting and Other Legal Obligations
    • Managing and Reporting School Incidents
    • Reportable Conduct
    • Restraint and Seclusion
    • Identify Child Abuse
    • Report Child Abuse in Schools (including four critical actions)
    • Identify and Respond to Student Sexual Offending

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Notification of a Report

In instances where a staff member discusses with the principal team the forming of a reasonable belief, the principal team will inform the staff member by email whether a report has, or has not been made.

Providing Support to Staff

Allegations and instances of student sexual offending can cause trauma and significantly impact on the mental health and wellbeing of school community members.

For more information on how to support students and impacted staff members, see Providing Ongoing Support.

Individual Support

If you need to talk to someone, it is recommended that you speak to the school leadership team about arranging appropriate support. You can also talk to your GP or another allied health professional. 

Staff can also contact the Employee Assistance Program on 1300 361 008.

Contact Information

DHHS Child Protection

North Division: 1300 664 977

South Division: 1300 655 795

East Division: 1300 360 391

West Division (Rural): 1800 075 599

West Division (Metro): 1300 664 977

After Hours, Weekends or Public Holidays: 13 12 78

CHILD FIRST

Victoria Police  000 or contact your local police station

DET Security Services Unit: (03) 9589 6266

Student Incident and Recovery Unit: (03) 9637 2934

Employee Conduct Branch: (03) 9637 2595

4. Evaluation & Review

This policy will be reviewed every 4 years.

5. Definitions

PROTECT: Child Safe Standard 3: Definitions

6. References

• Information contained in this policy has been taken, in part, from the Department Child Protection and Child Safe Standards (PROTECT) ‐ Identifying and Responding to ALL Forms of Abuse in Victorian Schools. 
• Department of Justice 
• Victorian Registration Qualifications Authority: Child Safe Standards

Related Legislation

• • Children, Youth and Families Act 2005
    
  • Crimes Act 1958
  • Education and Training Reform Act 2006
  • Victorian Institute of Teaching Act 2001

Department Resources

• • PROTECT
  • Protecting the safety and wellbeing of children and young people
  • Protecting Children - Mandatory Reporting and Other Obligations (eLearning module log-in) 

Other Resources

• Department of Health and Human Services:
  • Child Protection
• Victoria Police Sexual Offences and Child Abuse Investigation Teams (SOCIT)
Department of Justice and Regulation:

• Failure to disclose offence
• Failure to protect offence
Grooming offence

7. Related Policies

Child Safety Policy

Child Safety Code of Conduct

Duty of Care Policy

Police and DHS Interviews

Responding to Student Sexual Offending

Requests for Information about Students

Risk Management

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Student Wellbeing and Engagement Policy

Volunteers Policy

8. Consultation

This policy has been made with consultation of Princes Hill Secondary College Staff, School Council and Student Council between 15 Mar 2023 and 23 Mar 2023. All three policies were presented to School Council on 27 Mar 2023. 

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