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Child safety and wellbeing policy

This policy outlines Early Learning Victoria's commitment to the 11 Victorian Child Safe Standards, including how Early Learning Victoria creates and maintains a child safe and child-friendly organisation.

Children’s safety and wellbeing comes first.

Early Learning Victoria's practices protect children from child abuse and harm. We promote the Victorian Child Safe Standards and have zero tolerance for child abuse.

Every child deserves a nurturing and safe environment to learn and grow. We engage with families, children and communities with respect. We create safe spaces that encourage children and families to take part and have a voice. These spaces allow people to feel safe and comfortable expressing their culture.

Children’s rights are at the centre of everything we do. This includes our leadership, services, programs, policies and practices. See Our commitment to child safety on our website.

1. Scope

Early Learning Victoria has a duty of care for all children who attend its centres.

This policy applies to families, staff, management and visitors of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour-hire employees of Early Learning Victoria.

This policy covers all activities at an Early Learning Victoria centre that offers education and care for children.

2. Policy statement

We provide environments where children are safe and feel safe.

Everyone in our community has a duty to act safely and appropriately towards children. This policy describes these different duties. It also guides Early Learning Victoria to ensure children’s safety and wellbeing in all our work.

Early Learning Victoria follows the National Principles for Child Safe Organisations(opens in a new window) and the Victorian Child Safe Standards.

We treat all observations, suspicions, allegations, disclosures and incidents of child abuse, grooming or inappropriate conduct seriously. This includes following the Protecting children and mandatory reporting procedure.

We follow a strict investigation process and notify authorities as needed. We identify risks to children and work to reduce or remove them. This includes risks in physical and online environments.

We consider a child’s right to privacy, access to information, social connections and learning opportunities.

We support everyone in our organisation to recognise and value the strengths of Aboriginal culture. This is vital to the wellbeing and safety of Aboriginal children.

2.1 Requirements

Early Learning Victoria centres follow the Education and Care Services National Law Act 2010 (the National Law) and the Education and Care Services National Regulations 2011 (the Regulations).

Services must, by law, take all reasonable steps to protect children from harm or injury. They must follow the Victorian Child Safe Standards. They must not discipline children unreasonably, including any form of corporal (physical) punishment.

Educators need to interact with children in a positive way, as stated in the Regulations. This means guiding children in a positive way and respecting their dignity and rights.

Educators need to support children to develop positive relationships with other children, staff and volunteers (see the Positive relationships, interactions and behaviour support policy, the Child safety code of conduct and the National Law.)

Staff must report any alleged breaches of the National Law or Regulations. They must also report any incidents or allegations about children’s safety or wellbeing to the nominated supervisor or another member of the centre leadership team. If the allegation is about the nominated supervisor, staff must report their concerns to the area manager or the Director, Early Years Service.

Early Learning Victoria must report all incidents, allegations or suspected breaches to the Regulatory Authority within 24 hours of learning about them.

Early Learning Victoria staff are crucial in keeping children safe. They can spot signs or behaviours that may indicate child abuse or the risk of it.

Early Learning Victoria staff must inform the Early Learning Victoria centre leadership team, and/or authorities like the Regulatory Authority or Victoria Police, if they:

  • witness an incident
  • receive a disclosure
  • form a reasonable belief that a child has been abused or is at risk of being abused.

All Early Learning Victoria staff must be aware of their obligations under the current child protection laws. They must report the above to their nominated supervisor or another member of the centre leadership team as soon as possible. If the allegation is about the nominated supervisor, staff must report their concerns to the area manager or Director, Early Years Services as soon as possible.

Staff members can report their concerns in person, by phone or in writing.

For more information, see the Protecting children policy and the Protecting children and mandatory reporting procedure.

Child Safe Standards

Services in Victoria must follow the Child Safe Standards. This is required under the Child Wellbeing and Safety Act 2005 and the National Law.

Child Safe Standards mean all organisations delivering services to children must have policies, procedures and practices to keep children safe. All organisations must create a culture of child safety.

For more information on how the Child Safe Standards support child protection and the handling of abuse allegations, see the Protecting children policy and the Child and family violence information sharing policy.

Reportable conduct scheme

Under this scheme, Early Learning Victoria must notify the Commission for Children and Young People (CCYP) and the Regulatory Authority of any suspected abuse by staff or volunteers.

Early Learning Victoria must also have strong internal investigation processes and systems in place. These need to respond to any allegations of abuse, child safety misconduct or concerns about interactions between educators and children.

There are 5 categories of reportable conduct:

  • physical violence (against or in the presence of a child)
  • sexual offences (against or in the presence of a child)
  • sexual misconduct (against or in the presence of a child)
  • behaviour that causes significant emotional or psychological harm
  • significant neglect.

All Early Learning Victoria staff must report allegations of reportable conduct made against staff and volunteers to their nominated supervisor or another member of the centre leadership team as soon as possible. If the allegation is about the nominated supervisor, staff must report their concerns to the area manager or Director, Early Years Services.

Staff can report their concerns in person, over the phone or in writing. For more information, see the Protecting children policy and the Protecting children and mandatory reporting procedure.

Duty of care

Duty of care means you have a legal duty to avoid actions that might harm someone else. This includes failing to take action to prevent something happening.

In relation to children, this may include (but is not limited to):

  • acting on concerns and suspicions of abuse as soon as possible
  • reporting incidents or observations of educator-to-child interactions that may breach the Regulations, National Law, the Child Safe Standards, Early Learning Victoria policies or the Child safety code of conduct
  • seeking appropriate advice or consulting with other professionals or agencies
  • reporting any suspected child abuse to the right authorities, like Victoria Police and Child Protection
  • arranging counselling and/or other appropriate welfare support for the child
  • providing ongoing support to the child
  • sharing information with other Early Learning Victoria staff (who will be responsible for providing ongoing support to the child).

Child information sharing and privacy

There are 3 linked information sharing schemes and frameworks. These allow professionals working with children to share information to:

  • promote the wellbeing or safety of children
  • better assess and manage family violence risk to children and adults.

They are:

  • Child Information Sharing Scheme
  • Family Violence Information Sharing Scheme
  • Multi-Agency Risk Assessment and Management Framework (MARAM).

For more information, see the Child and family violence information sharing policy.

Record-keeping requirements

Records about an incident, illness, injury or trauma must be kept until the child is 25. This includes records about events at Early Learning Victoria, as well as outside Early Learning Victoria.

Records about the death of a child must be kept until the end of 7 years after the death. This includes a death while being cared for, or that may have happened because of something that happened while being cared for.

All documentation about child sexual abuse incidents, allegations and disclosures must be kept for 99 years after the action is completed. This includes for all unproven incidents.

Early Learning Victoria centre staff and Early Learning Victoria management must not throw out or destroy any records about child sexual abuse incidents, allegations or disclosures. To do so, they must first ask the Knowledge, Privacy and Records Division of the Department of Education (the department).

See also the Records management policy.

3. Actions and procedures

3.1 Responsibilities of families

Families should take action if they are worried that any organisation is not keeping their child or other children safe.

We encourage families to:

  • talk to their centre director or someone from the Early Learning Victoria leadership team about any concerns and what to do next (see the Handling complaints and feedback policy)
  • contact the Regulatory Authority on 1300 307 415, Child Protection or the Commission for Children and Young People if Early Learning Victoria does not address their concerns
  • report concerns of child abuse or grooming to Victoria Police if they feel it is right to do so
  • read about our policies and procedures on our website (or ask us for a copy) and give feedback
  • tell us about their child’s concerns, preferences and needs
  • share their culture and their child’s culture and exercise their cultural rights at the centre
  • follow the Code of conduct for families and the Electronic devices and photography policy. This means not using personal electronic devices or taking videos or photographs at the centre.

3.2 Responsibilities of staff

All Early Learning Victoria staff, the approved provider and ‘persons with management or control’ (PMC) must follow this policy and the 11 Child Safe Standards.

All Early Learning Victoria staff must also understand and follow the Child safety code of conduct, Protecting children policy and Protecting children and mandatory reporting procedure. These policies detail appropriate behaviour and responsibilities for child safety and wellbeing.

Educators, volunteers, students, visitors (including Early Learning Victoria central office staff) and contractors or labour-hire employees of Early Learning Victoria must:

  • read this policy
  • follow Early Learning Victoria’s commitment to each Child Safe Standard and put in place each standard as stated
  • raise concerns or observations with the centre leadership team if they think this policy has been breached, or is at risk of being breached.

Centre leadership teams, the nominated supervisor and responsible persons must:

  • ensure all staff can access, understand and consistently follow this policy
  • ensure that all staff consider this policy as part of their daily practice
  • promote a culture of child safety by role modelling appropriate behaviours and commitments made within this policy
  • take all reports and concerns about child safety and wellbeing from staff, families and children seriously. This includes any signs of grooming
  • respond to any reports and concerns according to this policy.

The approved provider and PMC must:

  • regularly review and endorse this policy
  • ensure that centre leadership teams follow this policy and all other child-safety-related policies
  • ensure that centre leadership teams report all concerns and incidents in the right way
  • ensure that staff have support to properly understand this policy and their requirements under the Child Safe Standards, the National Law and Child Protection Law
  • provide training, coaching and mentoring about the Child Safe Standards to centre leadership teams and centre staff.

4. Resources

Legislation and standards

Relevant legislation and standards include:

  • Child Wellbeing and Safety Act 2005
  • Child Wellbeing and Safety Regulations 2017
  • Commission for Children and Young People Act 2012
  • Charter of Human Rights and Responsibilities Act 2006
  • Victorian Child Safe Standards (updated 1 July 2022)
  • Privacy and Data Protection Act 2014
  • Privacy Act 1988
  • Disability Act 2006
  • Education and Care Services National Law Act 2010
  • Education and Care Services National Regulations 2011
  • Child safety code of conduct policy
  • Protecting children policy
  • Protecting children and mandatory reporting procedure
  • Positive relationships, interactions and behaviour support policy
  • Electronic devices and photography policy
  • Code of conduct for families policy
  • Supervision of children policy
  • Practice Guide
  • Child and family violence information sharing policy
  • Anti-bias approach policy
  • Educational program policy
  • Records management policy

Definitions

Approved provider requirements: These are our duties as an approved provider of a service under the National Quality Framework and the Education and Care Services National Law Act 2010.

Child: A person under 18 years of age.

Child abuse: This means when an adult does something harmful or fails to act, putting a child’s physical or emotional health at risk. Child abuse can be a single incident but often takes place over time. ‘Abuse’, ‘neglect’ and ‘maltreatment’ (see definitions below) are general terms that describe when a child may need protection. Child abuse includes any of the following:

  • Emotional and psychological abuse: This happens when a parent or caregiver rejects the child frequently or uses threats to scare them. This can include name-calling or insults that hurt the child’s physical, social, intellectual or emotional growth.
  • Family violence: This happens when children or young people see or experience ongoing harm. This includes domination, coercion, intimidation or victimisation. It can be physical, sexual or emotional and happens in close relationships. Seeing violence between loved ones can affect young children just like if they were the victims of the violence themselves. Children who witness violence regularly have greater emotional and behavioural problems than other children.
  • Grooming: Grooming is the stage that often comes before child sexual abuse. Offenders use grooming to gain the trust of the child or young person, and sometimes of those nearby. This helps them create secrecy and silence, making it harder for the abuse to be revealed. Grooming may happen in person (‘contact grooming’) or online. Grooming is illegal under section 49M of the Crimes Act. In early learning and education centres, it might involve giving gifts, showing favouritism, trying to gain access to children alone, or inappropriate physical contact like wrestling or kissing.
  • Neglect: The failure to provide a child with life’s basics, like food, clothing, shelter, medical attention or supervision. This can happen to the extent that the child’s health and development is, or is likely to be, significantly harmed.
  • Physical abuse: This happens when a child is hurt or may be harmed by a parent, guardian, caregiver or other adult. The injury can happen on purpose or be the result of a punishment or aggressive treatment. Neglect by a parent, guardian, caregiver or other adult can also cause physical injury. Injuries can include bruises, cuts, burns, fractures, poisoning, internal injuries, shaking injuries or strangulation.
  • Sexual abuse: This happens when someone uses their power over a child to involve them in sexual activity. Inducements such as money or special attention may be used. Sexual abuse includes many types of sexual behaviour. This includes inappropriate touching or fondling, or showing a child pornography. It may also involve having sex with a child or grooming with the intent of committing child sexual abuse.

Child Safe Standards: These are minimum standards that all organisations offering services to children must follow. Their aim is to ensure organisations are well prepared to protect children from abuse and neglect within the organisation.

Code of conduct: This is a set of standards for behaviour for people, and organisations. It outlines how people should treat others. It includes how people should interact with other organisations and members of the community (see Code of conduct policy).

Commission for Children and Young People: Responsible for administering the Reportable Conduct Scheme. This includes:

  • supporting and guiding organisations that receive allegations to promote fair, effective, timely and appropriate responses
  • overseeing and monitoring independently, making recommendations for organisations to improve if needed.

The commission can share information when needed. This includes with the Working with Children Check Unit, relevant regulators and Victoria Police. The goal is to better prevent and protect children from abuse.

Contractor: A person or company that takes on a contract to supply materials or labour for a service or job. Examples include a photographer, a tradesperson or people contracted to provide an incursion.

Disclosure: In this policy, it means when a child or young person tells someone about possible abuse.

Duty of care: A legal concept. In this policy, it means that all staff in Victorian early childhood services must take reasonable steps to protect children in their care from foreseeable harm.

Maltreatment: This refers to physical or emotional mistreatment, or lack of care of a child. Examples include sexual abuse, witnessing family violence, and any non-accidental injury to a child.

Mandatory reporting: Some professionals and community members must, by law, report if they believe, on reasonable grounds, that a child needs protection from harm. A broad range of professional groups are identified in the Children, Youth and Families Act 2005 as mandatory reporters. From 30 September 2015, this list includes VIT-registered early childhood teachers. People who are ‘mandated reporters’ must make a report to Victoria Police and/or Child Protection as soon as practicable. They should do this if, while doing their jobs, they believe on reasonable grounds that:

  • a child has suffered, or is likely to suffer, significant harm as a result of physical and/or sexual abuse and
  • the child’s parents or guardians have not protected, or are unlikely to protect, the child from that kind of harm.

Mandatory reporters must also follow steps for responding to incidents, disclosures or suspicions of child abuse. This ensures they meet all their legal obligations.

Nominated supervisor: At Early Learning Victoria, this is usually the centre director or assistant centre director from the Early Learning Victoria centre management team. The nominated supervisor is nominated by the approved provider of that service to be a nominated supervisor of that service, and has provided written consent to that nomination (National Law). The nominated supervisor is responsible for the day-to-day management of the approved service. They are also responsible for its compliance with much of the National Law and Regulations.

Person with management or control: In the context of Early Learning Victoria, this is the person responsible for managing the delivery of the education and care service, alone or with others. For example, a person with management or control could be the CEO or Director, Early Years Services.

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