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Organisational Compliance Info

Multi-agency compliance and reporting requirements

 

Organisational child safety is much more than just compliance with the State child Safety principles.

Your Organisation must be aware of and meet its compliance and reporting requirements on a state by state basis.

 

Click on the 4 sections of infographic to learn more about reporting in your jurisdiction.

POLICE

 

Reporting knowledge of criminal activity is an important part of acting justly. In each state/territory there are different requirements for reporting.

The focus of reporting to the police is on justice, i.e. crime and punishment.

The Crimes Act, or equivalent, in each state or territory provides the basis upon which police have powers to prosecute those who have perpetrated crimes.

If you are unsure of required police reporting concerning child protection in your state or territory, contact your organisation’s Safe Community / Child Protection Officer.

 

In all states and territories, you can contact the police via:

POLICELINK 13 14 44 or 000 for emergencies.

CRIMESTOPPERS.

 

Specific examples of child protection reporting to the police are in the state/territory specific links below current at 31 March 2020.

New South Wales

 

In the NSW Crimes Act 1900(click here  then scroll the left hand column on the website site for the appropriate sections) there is both a general concealment offence, Concealment of Serious Crime, Section 316, and a specific Failure to Report Child Abuse to the Police offence, Section 316A.

Australian Capital Territory

 

In 2019 the ACT added Section 66AA to the Crimes Act 1900, Failure to Report Child Sexual Offence, which applies to persons in authority in educational and other institutions in relation to Failure to Report Sexual Abuse to the Police of children under 16 years.

 

SUMMARY OF LAWS PROTECTING CHILDREN IN ACT

Victoria

 

In 2014, the law in Victoria was changed to create the failure to disclose offence. The failure to disclose offence applies to you if:

– You are an adult, and

– You have information that leads you to form a ‘reasonable belief’ that another adult has sexually offended against a child under 16 in Victoria.

If this applies to you, you must report the information to police as soon as possible, unless:

– You have a ‘reasonable excuse’ for not reporting the information, or

– You are exempt from the offence.

If you fail to report the information, you may be charged with a criminal offence. The maximum penalty is three years imprisonment.

The failure to disclose offence helps to ensure that protecting children from sexual abuse is the responsibility of the whole community.

Child protection web-links

 

Protecting Australia’s children is everybody’s business.

If you suspect a child or young person is at risk of harm, abuse or neglect you can contact your relevant state or territory child protection agency.

ACT Child & Youth Protection Services

 

Make a Child Concern Report: 1300 556 729
Report Child Abuse or Neglect

 

NSW Communities & Justice

 

Child Protection Helpline: 132 111
Reporting a Child at Risk

 

NT Families

 

Child Abuse Hotline: 1800 700 250
Report Child Abuse

 

QLD Child Safety, Youth & Women

 

Call the relevant Regional Intake Services
After hours: 1800 177 135
Reporting Child Abuse

 

SA Child Protection

 

Child Abuse Report Line: 131 478
Reporting Child Abuse

 

TAS Child Safety Service

 

Advice and Referral Line: 1800 000 123
Child Protection Notification Form

 

VIC Children, Youth & Families

 

Call the relevant Child Protection Contact
After hours: 13 12 78
Reporting Child Abuse

 

WA Department for Child Protection

 

Central Intake: 1800 273 889
Reporting Your Concern

REPORTABLE CONDUCT

 

There are currently three jurisdictions in Australia that operate Reportable Conduct Schemes:

Victoria
New South Wales
Australian Capital Territory
Reportable conduct includes sexual offences, sexual misconduct, neglect, ill-treatment, emotional harm, and physical assault of a child by a worker.

These are schemes whereby the government has scrutiny over the internal organisational investigation processes into allegations against those who work with children and young people. The operators of the scheme also have scrutiny over organisations’ systems to prevent, detect and respond to reportable conduct.

The focus of the scheme is to ensure thorough investigation of all complaints against those who work with children. In all three jurisdictions adverse findings of reportable conduct can impact upon a person’s Working with Children Check or, in the ACT, Working with Vulnerable Persons Check.

There are strict reporting requirements for the organisation before, during and at the completion of the investigation process.

 

For more information click on these link:

VIC – COMMISSION FOR CHILDREN AND YOUNG PEOPLE

NSW – OFFICE OF THE CHILDRENS GAURDIAN

ACT – OMBUDSMAN

Organisational reporting

 

Reporting Child Protection and other child related concerns to your organisation is essential for assistance with implementation of internal organisational policy and procedures, and also for assistance with pastoral and risk management action planning.

Organisational response to complaints should follow a well-documented complaints processes that needs to take into account a ‘child focused’ approach.

The Complaint Handling Guide: Upholding the rights of children and young people, gives organisations advice about how to put in place a complaint-handling system that puts child safety first and promotes the rights of children and young people to have a voice in decisions that affect them. The Guide was developed in 2019 by the Office of the NSW Ombudsman on behalf of the National Office of Child Safety.

The above was developed with content and permission of
our partner organisation – Safe Community Resources.

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