Child Safe Environment | One World for Children
Child Care Services: Access One World Children's Centre information, and log into Parent's World

Child Care Services

School programs

School Programs

One World for Children Social Media

Contact Us


Child Safe Environment

sunscreenPolicy     

One World Children’s Centre has a moral, ethical and legal responsibility to ensure that all children are safe in their care, and will provide training, resources, information and guidance to support this. One World Children’s Centre is committed to:

Relevant legislation and standards

Education and Care Services National Law Act 2010 (Vic): Sections 165, 166, 167

Education and Care Services National Regulations 2011: Regulations 84, 85, 86, 99, 100, 101, 102, and 168(2) (h)

National Quality Standard, Quality Area 2: Children’s Health and Safety

National Quality Standard, Quality Area 3: Physical Environment

National Quality Standard, Quality Area 7: Leadership and Service Management

Children, Youth and Families Act 2005 (Vic), as amended 2011

Child Wellbeing and Safety Act 2005 (Vic), as amended 2012

Charter of Human Rights and Responsibilities Act 2006 (Vic), as amended 2011

Family Law Act 1975 (Cth), as amended 2008 and 2011

Occupational Health and Safety Act 2004 (Vic)

Working with Children Act 2005 (Vic)

Working with Children Regulations 2006 (Vic)

Background

“Every child has the right to live a full and productive life. It is up to all of us to ensure our children grow up in environments that build confidence, friendship, security and happiness, irrespective of a person’s family circumstances and background” (Protecting the safety and wellbeing of children and young people – refer to Sources). The protection of children, one of the most vulnerable groups in society, is a shared community responsibility and involves ensuring that all children are safe, their needs are met and the possibility of child abuse is minimised.

The Children, Youth and Families Act 2005 (CYFA) provides the legislative basis for the provision of services to vulnerable children, young people and their families, and places children’s best interests at the heart of decision-making and service delivery. Under the Education and Care Services National Regulations 2011, the Approved Provider must ensure that all educators and staff are familiar with current policies and procedures with regard to child protection, including state and territory legislative responsibilities and their obligations under these laws.

Under the law, early childhood educators are not currently required to undertake mandatory reporting (refer to Definitions), though this is subject to change. Approved Providers must keep informed of, and comply with, all legislative changes as they occur.

Early childhood educators, in daily contact with children and their families, are well placed to observe when a child appears to be at risk of harm arising from abuse or neglect. Services have a duty of care (refer to Definitions) to act immediately to protect and preserve the safety and wellbeing of the children in their care. Any person who believes, on reasonable grounds, that a child is in need of protection may report their concerns to Child Protection (refer to Definitions) (Protecting the safety and wellbeing of children and young people – refer to Sources).

The Education and Care Services National Law Act 2010 and the Education and Care Services National Regulations 2011 require that approved services protect children from any harm and hazards, and to adequately supervise children at all times. Adult supervision is a key factor in creating and maintaining child safe environments. Active supervision together with risk minimisation strategies can prevent or reduce the risk of injury to children .

Risk minimisation strategies, supported by clear policies and procedures for specific areas of child safety will help ensure the environment and practices at the service are child safe. Policies and procedures must be developed in relation to all matters specified in Regulation 168(2), including emergency and evacuation, water safety, sun protection, delivery and collection of children, and incident, injury, trauma and illness. Risks in the child’s physical environment can be minimised by ensuring the safety of buildings, grounds, equipment, materials and furniture used at the service, and the safe storage and use of dangerous substances such as cleaning products and chemicals.

Definitions

Abuser: A person who mistreats and/or harms a child or young person.

Abuse: (In the context of this policy) refers to physical and/or emotional mistreatment, and/or lack of care of the child. Examples include sexual abuse, the witnessing of family violence and any
non-accidental injury to a child.

Bullying: Repeated verbal, physical, social or psychological behaviour that is harmful and involves the misuse of power by an individual or group towards one or more persons. Bullying occurs when one or more people deliberately and repeatedly upset or hurt another person, damage their property, reputation or social acceptance.

Child: In Victoria, under the Children, Youth and Families Act 2005, a child or young person is a person under 18 years of age.

Child abuse: An act or omission by an adult that endangers or impairs a child’s physical and/or emotional health and development. Child abuse can be a single incident but often takes place over time. Abuse, neglect and maltreatment (refer to Definitions) are generic terms used to describe situations in which a child may need protection. Child abuse includes any and all of the following:

Child FIRST: A Victorian community-based intake and referral service linked with Family Services. Child FIRST ensures that vulnerable children, young people and their families are effectively linked to relevant services, including Child Protection (www.cyf.vic.gov.au/family-services/child-first).

Child sex offender: Someone who sexually abuses children, and who may or may not have prior convictions.

Child protection: The term used to describe the whole-of-community approach to the prevention of harm to children. It includes strategic action for early intervention, for the protection of those considered most vulnerable and for responses to all forms of abuse.

Child Protection Service (also referred to as Child Protection): The statutory child protection service provided by the Victorian Department of Human Services, to protect children and young people at risk of abuse and neglect. This service also works closely with Family Services (including Child FIRST) to support the assessment and engagement of vulnerable children and families in community-based services (www.cyf.vic.gov.au/child-protection-family-services/home).

Code of conduct: A set of rules or practices that establish a standard of behaviour to be followed by individuals and organisations. A code of conduct defines how individuals should behave towards each other, and towards other organisations and individuals in the community (refer to Code of Conduct Policy).

Disclosure: (In the context of this policy) refers to a statement that a child or young person makes to another person that describes or reveals abuse.

Domestic/family violence: The repeated use of violent, threatening, coercive or controlling behaviour by an individual against a family member(s) or someone with who they have or have had an intimate relationship, including carers.

Duty of care: A common law concept that refers to the responsibilities of organisations to provide people with an adequate level of protection against harm and all reasonable foreseeable risk of injury. In the context of this policy, duty of care refers to the responsibility of education and care services to provide children with an adequate level of care and protection against foreseeable harm and injury.

Maltreatment: (In the context of this policy) refers to physical and/or emotional mistreatment, and/or lack of care of the child. Examples include sexual abuse, the witnessing of family violence and any non-accidental injury to a child.

Mandatory reporting: The legal obligation of certain professionals and community members to report when they believe, on reasonable grounds, that a child is in need of protection from harm.

A broad range of professional groups are identified in the CYFA as ‘mandatory reporters’. Mandated staff members must make a report to Child Protection as soon as is practicable after forming a belief, on reasonable grounds, that a child or young person is in need of protection from significant harm as a result of physical injury or sexual abuse, and the child’s parents/guardians are unwilling or unable to protect the child (Protecting the safety and wellbeing of children and young people – refer to Sources).

To have reasonable grounds to believe a child is in need of protection, a mandatory reporter should believe both that there is risk of significant harm as a result of physical injury or sexual abuse, and that the parents/guardians are unwilling or unable to protect the child (Sections 162(c)(d) and 184 of the Children, Youth and Families Act 2005 (amended in 2011)). Section 182 of the Children, Youth and Families Act 2005 (amended in 2011) lists those who are mandated to report.

Mandatory reporters must report the abuse/neglect to:

Neglect: The failure to provide a child with the basic necessities of life, such as food, clothing, shelter, medical attention or supervision, to the extent that the child’s health and development is, or is likely to be, significantly harmed (Victorian Department of Human Services).

Negligence: Doing, or failing to do something that a reasonable person would, or would not do in a certain situation, and which causes another person damage, injury or loss as a result.

Offender: A person who mistreats and/or harms a child or young person.

Perpetrator: A person who mistreats and/or harms a child or young person.

Reasonable grounds: A person may form a belief on reasonable grounds that a child or young person is in need of protection after becoming aware that the child or young person’s health, safety or wellbeing is at risk and the child’s parents/guardians are unwilling or unable to protect them. There may be reasonable grounds for forming such a belief if:

Voluntary (non-mandated) notification: A notification to the Child Protection Service by a person who believes that a child is in need of protection. Section 183 of the Children, Youth and Families Act 2005 (amended in 2011) states that any person who believes, on reasonable grounds, that a child is in need of protection, may notify a protective intervener of that belief and of the reasonable grounds that the belief is based on. Under this part of the Act, notifications are made out of moral obligation, rather than legislative obligation. The person making the notification is not expected to prove the abuse, and the law protects the anonymity of the person making the notification.

Young person: In Victoria, under the Children, Youth and Families Act 2005, a child or young person is a person under 18 years of age

Procedure

Any staff member that suspects a child is being abused you are immediately to report this to the Centre Co-ordinator. The Centre Co-ordinator will take  your information and or notes to the Director and or Management Team for action.

Responsibilities:

The Approved Provider (or delegate) is responsible for:

In relation to child protection matters:

In relation to providing a child safe environment at the service:

The Centre Co-ordinator is responsible for:

In relation to child protection matters:

In relation to providing a child safe environment at the service:

The Centre Health and Safety Officer is responsible for:

In relation to child protection matters:

In relation to providing a child safe environment at the service:

Certified Supervisors and other educators/staff are responsible for:

In relation to child protection matters:

In relation to providing a child safe environment at the service:

Parents/guardians are responsible for:

Source

Charter of Human Rights and Responsibilities Act 2006 (Vic), amended in 2011:
www.austlii.edu.au/au/legis/vic/consol_act/cohrara2006433/

Childsafety Australia:
www.childsafetyaustralia.com.au/

Choose With Care: Building child safe organisations – an information and training program:
www.childwise.net

Department of Education and Early Childhood Development (DEECD):
www.education.vic.gov.au/ecsmanagement/educareservices/csprotocols.htm

Victorian Department of Human Services:
www.dhs.vic.gov.au

Office of the Child Safety Commissioner:
www.kids.vic.gov.au

Protecting the safety and wellbeing of children and young people – A joint protocol of the Department of Human Services Child Protection, Department of Education and Early Childhood Development, Licensed Children’s Services and Victorian Schools:  www.eduweb.vic.gov.au/edulibrary/public/stuman/wellbeing/protecting_children_protocol 27_5_10.pdf

Safeguarding Children accreditation program, Australian Childhood Foundation:
www.childhood.org.au

Service Agreement Information Kit for Funded Organisations: 
http://www.dhs.vic.gov.au/facs/bdb/fmu/service-agreement/1.introduction/1.1-about-the-kit

The United Nations Convention on the Rights of the Child:
www.unicef.org/crc

What is Child Abuse?:                                                                                                                                         
www.dhs.vic.gov.au/for-individuals/children,-families-and-young-people/child-protection/what-is-child-abuse

Working with Children (WWC) Check:
www.justice.vic.gov.au/workingwithchildren

www.bullyingnoway.gov.au