Child Protection Policy

Policy reference number

P2016 / CPP

Version number
V3.2

Date issued

Person responsible
Toni Parker, Community Centre Manager

Approved by
Indigo Community Services and Health Hub Board of Directors on

Date for review

10/02/2021

Policy outline
This policy provides direction to Indigo Community Services and Health Hub Board members, staff,
students and volunteers on legislative requirements and good practice relating to child protection in non-
government services including mandatory reporting to NSW Communities and Justice.

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Contents
1. Purpose and scope..................................................................................................................... 3

2. Definitions................................................................................................................................... 3

3. Policy statement......................................................................................................................... 3

4. Outcomes.................................................................................................................................... 4

5. Functions and delegations.........................................................................................................4

6. Risk management....................................................................................................................... 5

7. Policy implementation................................................................................................................5

8. Procedures.................................................................................................................................. 6
8.1 Working With Children Checks................................................................................................................ 6
8.2 Staff training............................................................................................................................................. 6
8.3 Grounds for reporting risk of significant harm.......................................................................................... 6
8.4 Limits to confidentiality............................................................................................................................. 7
8.5 Exchanging information related to child protection...................................................................................7
8.6 Support for mandatory reporters.............................................................................................................. 8
8.7 Allegations about staff or board members................................................................................................ 8

9. Relevant links.............................................................................................................................. 9
Legislation........................................................................................................................................................ 9
Websites........................................................................................................................................................... 9

10. Related documents..................................................................................................................... 9

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1. Purpose and scope
The non-government sector plays a key role in child protection and wellbeing. This can vary from identifying
and reporting or responding to and meeting the needs of child protection situations. This policy provides
direction to Indigo Community Services and Health Hub Board members, staff, students and volunteers on
legislative requirements and good practice relating to child protection in non-government services including
mandatory reporting to NSW Communities and Justice.

2. Definitions.
Table header Table header
Child In this policy, a child refers to a person under the age of 16 years.

Mandatory reporter A mandatory reporter is anybody who delivers healthcare, welfare,

education, children’s services, residential services or law enforcement to
children as part of their paid or professional work.

Significant risk of harm
Significant risk of harm refers to a child or young person being in
circumstances that are causing significant concern for their safety,
welfare or wellbeing. In addition, significant risk of harm is:
sufficiently serious to warrant a response by a statutory authority
irrespective of a family’s consent
may be reasonably expected to produce a substantial and demonstrably
adverse impact on the safety, welfare or wellbeing of a child or young
person

Young person A young person is aged 16 years to 18 years.

Mandatory reporter guide The Mandatory Reporter Guide is a structured decision making tool
which assists the reporting process when a mandatory reporter has
concerns for the safety, welfare or wellbeing of a child or young person
in NSW.

3. Policy statement
There is a shared responsibility for child protection and child wellbeing across government and non-
government organisations and the broader community. To undertake our role in the care and protection of
children and young people, Indigo Community Services and Health Hub will:

 Ensure staff have adequate skills to recognise and respond to child protection concerns and are
guided by knowledge of both legislation and good practice in their work with children, young people
and families.

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  Provide assistance to parents and carers responsible for parenting children and young people to
promote a safe and nurturing environment.

 Collaborate and partner with other services to provide the best outcomes for children, young people
and families.

4. Outcomes
Indigo Community Services and Health Hub plays a role in ensuring children live in safe and supportive
environment by:

 Responding to child protection concerns through appropriate referral, reporting and service delivery
including reporting of any risk of significant harm to NSW Communities and Justice.

 Providing care and support services to children, young people and their families who come into
contact with our organisation.

 Promoting the safety, welfare and wellbeing of children and young people in our organisation.

5. Functions and delegations

Table 1: Functions and Delegations

Position Delegation/Task
Board of Directors  Endorse Child protection policy
 Comply with Child protection policy and related Child protection reporting
procedure
 Understand the role of Board members, management, staff, students and
volunteers in child protection
Management  Comply with Child protection policy and related Child protection reporting
procedure
 Understand the role of Board members, management, staff, students and
volunteers in child protection.
 Monitor compliance with Child protection policy and related procedures
including appropriate staff, student and volunteer orientation and
undertaking Working With Children Checks.
 Ensure all cases where a child is deemed to be at risk of significant harm
are reported as per legislation. Where concerns exist but reporting
threshold is not met, ensure concerns are recorded and securely filed.
 Ensure staff, students and volunteers are aware of their responsibilities in
relation to child protection and receive appropriate training.
 Comply with Child protection policy and related Child protection reporting
Staff procedure
 Understand child protection responsibilities and undertake appropriate
training.
 Report cases where a child is deemed to be at risk of significant harm to
NSW Communities and Justice. Where concerns exist but reporting
threshold is not met, concerns are to be recorded and securely filed.

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6. Risk management
Staff are trained in the identification of child protection risks and the requirements of mandatory reporting
including information sharing.

All staff, volunteers, students and Board members are made aware of this policy and related procedures
during orientation.

Risks to service users, children and young people are regularly assessed, identified and managed.

Secure records are kept of child protection concerns and mandatory reporting activities.

Mechanisms are in place for monitoring compliance with this policy and related procedures.

Any child protection concerns are managed in accordance with this policy and the Risk management policy.

7. Policy implementation
Staff, volunteers, students and Board members are aware of their responsibilities detailed in this policy and
related procedures and are aware of the processes for accessing external resources such as the Mandatory
Reporter Guide and the Child Protection Helpline.

This policy will be reviewed in line with Indigo Community Services and Health Hub’s quality improvement
program and changes to relevant legislation.

Monitoring and internal audit activities ensure appropriate record keeping related to child protection
concerns, as well as ensuring that Working With Children Checks and child protection training are completed
and updated when required.

8. Procedures
8.1 Working With Children Checks
Employers providing primary child-related employment must undertake Working With Children Checks for
new staff, volunteers and students according to the Child Protection (Working with Children) Act 2012; Child
Protection (Working with Children) Regulation 2013 and Child Protection (Working with Children)
Amendment (Statutory Review) Act 2018 (NSW). Primary child-related employment includes employment
that primarily involves direct contact with children and young people (under the age of 18 years) where that
contact is not directly supervised by a person having the capacity to direct the person in the course of the
employment.

Indigo Community Services and Health Hub complies with responsibilities to undertake Working With
Children Checks for relevant staff, students and volunteers.

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8.2 Staff training
Indigo Community Services and Health Hub recognises that in the course of the work of our organisation,
staff may come into contact with situations involving children, young people and families in which there is a
concern about the child’s safety, welfare and wellbeing. Staff will have an appropriate level of knowledge,
particularly regarding legislative changes introduced as part of the NSW Government’s child protection
initiative ‘Keep Them Safe’.

Staff working with children, young people and families receive child protection training through registered
training organisations such as the nationally recognised unit of competency CHCPRT001 Identify and
respond to children and young people at risk, part of the CHC Community Services Training package or
equivalent.

8.3 Grounds for reporting risk of significant harm

Concerns about the safety, welfare and wellbeing of a child must be reported to NSW Department of
Communities and Justice (DCJ) for any of the following reasons:

 Physical or psychological needs: The basic physical or psychological needs of the child or young
person are not being met or are at risk of not being met (neglect).

 Necessary medical care: The parents or caregivers have not arranged necessary medical care (or
are unwilling or unable to do so).

 Education: The parents or caregivers have not arranged (or are unwilling or unable to arrange) for
the child or young person to receive an education in accordance with the Education Act 1990 (NSW).

 Physical/sexual abuse or ill-treatment: The child or young person is at risk of physical or sexual
abuse or ill-treatment.

 Domestic and family violence: The child or young person lives in a household where there have
been incidents of domestic violence and as a consequence, the child is at risk of serious physical or
psychological harm.

 Serious psychological harm: Parent or caregiver’s behaviour towards the child or young person
causes or risks causing psychological harm to the child or young person (emotional abuse).

 Prenatal care: The child was subject to a prenatal report and the birth mother did not engage
successfully with support services to eliminate, or minimise, the risk factors that gave rise to the
report.

 Cumulative harm: A series of acts or omissions that when viewed together establishes a pattern of
significant harm.

For guidance on making a report if you believe a case meets the grounds for reporting risk of significant
harm, refer to the Child protection reporting procedure.

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8.4 Limits to confidentiality
In working with children, young people, parents and caregivers, Indigo Community Services and Health Hub
staff clearly communicate their obligation to limited confidentiality in relation to child protection, i.e. their legal
requirement as a mandatory reporter to report certain circumstances relating to the protection and wellbeing
of a child to NSW Communities and Justice (as set out in 8.3 above).

The limit to confidentiality is explained to all clients receiving services from Indigo Community Services and
Health Hub.

8.5 Exchanging information related to child protection

There are two mechanisms for the exchange of information relating to the safety, welfare or wellbeing of
children, young people and unborn children under the Children and Young Persons (Care and Protection)
Act 1998 (NSW):

 Chapter 16A: This mechanism gives human services and justice agencies and non-government
organisations (NGOs) the ability to share information relating to the safety, welfare or wellbeing of
children or young people without client consent and whether or not the child or young person is
known to NSW Communities and Justice.

 Section 248: Non-government organisations may be required to respond to requests for information
from NSW Communities and Justice under section 248.

When receiving or making a request to share information, Indigo Community Services and Health Hub staff
consider how the information requested relates to the safety, welfare and wellbeing of a child or young
person as well as the following:

 a parent or other family members

 a child or young person’s history or circumstances

 people with a significant relevant relationship to the child or young person

 other agencies’ dealings with a child or young person, including past support and service delivery

In the course of sharing information with another organisation under Chapter 16A and/or section 248 of the
Children and Young Persons (Care and Protection) Act 1998 (NSW), you must not disclose the identity of
anyone who has made a report to the Child Protection Helpline or any information from which the reporter’s
identity can be deducted.

Further guidance on exchanging information can be found in the Indigo Child protection reporting procedure.

8.6 Support for mandatory reporters

In all cases where a report is made to NSW Communities and Justice, excluding cases where allegations are
made about the CEO/Manager, the CEO/Manager is to be informed that a report has been made. Staff do
not need management permission to make a report.

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The person who made the report will ensure that the privacy and reputation of the child or young person and
the alleged perpetrator is respected by not discussing details of the case with other staff members or others
who were not directly involved with making the report.

Staff may discuss the case and seek support within the boundaries of supervision or professional counselling
services prior to lodging the report.

The CEO/Manager will ensure that the staff member receives appropriate support and debriefing, including
access to professional counselling services if required.

8.7 Allegations about staff or board members

The CEO is to be immediately informed about any allegation made against an Indigo Community Services
and Health Hub staff member. This may result in a temporary suspension of duties for the staff member
and/or disciplinary action and/or instant dismissal.

If a concern exists about the Community Centre Manager then the Board Chairperson and Executive (e.g.
Treasurer, Vice Chair and Secretary) should be immediately informed. This may result in a temporary
suspension of duties for the Community Centre Manager and/or disciplinary action and/or instant dismissal.

If an allegation is made against a Board member, the Board Chairperson and Executive and the CEO are to
be immediately informed. If the allegation relates to a member of the Board Executive or the Board
Chairperson, remaining members of the Executive are to be informed. This may result in a suspension of
Board duties or the revoking of membership resulting in a termination of the Board appointment.

A fair investigation of complaints, disciplinary action or instant dismissal will then be followed in accordance
with relevant legislation and internal policies and procedures being mindful to protect individuals from
unwarranted damage to reputation.

Indigo Community Services and Health Hub is obliged under section 25A (1) of NSW Ombudsman Act 1974
to report completed disciplinary proceedings where it has been found that:

 reportable conduct occurred, or some evidence that it occurred (see below)

 an act of violence occurred, or some evidence that it occurred, in the course of employment and in
the presence of a child.

Reportable conduct is:

 any sexual offence, or sexual misconduct, committed against, with, or in the presence of, a child

 any child pornography offence or misconduct involving child pornography

 any child-related personal violence offence

 an offence of filming for indecent purposes committed against, with, or in the presence of, a child

 any assault, ill-treatment or neglect of a child

 any behaviour that causes psychological harm to a child

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9. Relevant links
Legislation
 Children and Young Persons (Care and Protection) Act 1998 (NSW)

 Advocate for Children and Young People Act 2014 No 29 (NSW)

 Education Act 1990

 Ombudsman Act 1974 No 68

Websites
 Child Wellbeing and Child Protection – NSW Interagency Guidelines

 NSW Online Mandatory Reporter Guide

 Working with Child Check website

10. Related documents

Child protection reporting procedure

Complaints policy and procedure

Disciplinary policy

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