Child safety code of conduct

Early Learning Victoria is a child-safe organisation. We have zero tolerance for child abuse, neglect or harm in any form.

All children have the right to feel safe, happy and supported as they learn and thrive at Early Learning Victoria centres.

Staff, volunteers and families all play an important role. Together, we create safe, welcoming and inclusive environments for all children.

1. Scope

This code applies to families, staff, management and visitors of Early Learning Victoria centres. This includes agency staff, volunteers, students on placement and contractors or labour hire employees of Early Learning Victoria. Acceptance of the Code of Conduct is required.

2. Code of Conduct statement

This code sets out the expected behaviour for staff and volunteers in Early Learning Victoria centres. It explains how staff and volunteers are to interact with children.

2.1 Background and information

Services 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.

For more information, see the Positive relationships, interactions and behaviour support policy, and the Guide to the National Quality Framework.

All Early Learning Victoria staff members, students and volunteers must know their obligations under the current child protection law. See the Protecting children policy and Protecting children and mandatory reporting procedure.

3. Standards of behaviour

Acceptable behaviours

Early Learning Victoria staff and volunteers need to know the 11 Child Safe Standards and the compliance indicators. They must also be familiar with:

• the Child safety and wellbeing policy
• the Positive relationships, interactions and behaviour support policy
• the Protecting children policy
• the Commitment to child safety
• any other policies and procedures related to child safety.

Early Learning Victoria staff and volunteers must understand the requirements of the National Quality Framework. This includes all child safety and wellbeing matters set out in the National Law and Regulations.

Early Learning Victoria staff and volunteers must:

• promote the cultural safety of Aboriginal children. This means supporting and encouraging their connection to culture, kin, community, cultural practices and their Aboriginal identity
• provide a welcoming, inclusive, culturally responsive and safe physical environment for all children
• take reasonable steps to protect children from harm and abuse. This means identifying and addressing any child safety risks
• ensure that children are not left in the care of only one staff member. One-to-one interactions between staff and children must be in an open space or in view of other staff
• treat allegations, disclosures, incidents and suspicions of child abuse and harm seriously. If staff suspect child abuse, they must act immediately to ensure that children are safe and protected from harm
• report alleged or suspected child abuse or other child safety concerns (following the law and Protecting children and mandatory reporting procedure)
• report any breaches of this Code of conduct immediately
• make written notes about all incidents that result in harm to children
• take a zero-tolerance approach to racism and/or discrimination (following the Anti-bias approach policy when responding to incidents)
• treat all children equally and fairly, considering the unique needs of each child
• treat children with respect and value their opinions and right to bodily autonomy
• talk to children about child safety in a way that suits their age and development. This helps children understand information, ask questions and explain their needs and wants
• promote the inclusion, participation and empowerment of all children and families. This includes Aboriginal and Torres Strait Islander children, children of all cultural and religious backgrounds, children with disability, children who are living in out-of-home care and LGBTIQA+ children and families
• support all children to express their culture and enjoy their cultural rights
• ensure children are not exposed to inappropriate online content or digital technologies. Children learn to use technology in a way that suits their level of development
• manage personal information in line with the Privacy policy, and in the best interest of the child and family
• ensure all mandatory training is up to date
• undertake extra child-safety training if asked to by Early Learning Victoria
• tell the nominated supervisor about any relationships with a child or their family before the child started at the centre
• immediately inform Early Learning Victoria if they are charged with a criminal offence.

Trusting and supportive physical touch

Physical contact with children is sometimes needed in education and care. Educators make contact with children to support their social, emotional and psychological needs.

Early Learning Victoria staff and volunteers must ensure that any contact is:

• in the best interest of the child and intended to create a feeling of safety for the child
• respects the rights and agency of each child
• required as part of performing their professional duties and does not go beyond this
• not secretive, but instead transparent and in view of other adults
• culturally sensitive and considers the individual care needs of each child
• initiated by the child (or the child appears comfortable with the contact).

If appropriate for their age, the child should be asked if they would like to be touched – for example, asking a child if they would like a hug.

Children’s safety always comes first, including when administering first aid or in an emergency. When possible, Early Learning Victoria staff should tell the child before touching them. They should help the child see that the first aid is for their safety.

Unacceptable behaviours

Early Learning Victoria staff and volunteers must not condone or take part in illegal, unsafe, abusive or harmful behaviour towards children. This includes, but is not limited to:

• taking part in sexual abuse or misconduct
• possessing child abuse material
• grooming a child
• discussing or showing audio or video or images of sexual acts or nudity of a sexual nature
• perpetrating physical or family violence
• participating in sexual abuse or misconduct.

They must not:

• physically assault a child, use unnecessary force or show any aggressive behaviour towards a child. This includes grabbing the child by the wrist, dragging the child or pushing the child into a seated position
• speak to a child in a way that is humiliating, belittling, rejecting or threatening
• speak to a child in a way that may cause emotional or psychological harm
• take part in any rough play with the child, even if the child has asked them to. Examples include wrestling or tackling in contact sports like football
• develop inappropriate relationships or behaviours, such as having a ‘favourite’ child or children
• cross a professional boundary by kissing a child
• try to manage a child’s behaviour against the guidelines of the Positive relationships, interactions and behaviour support policy
• punish or discipline a child by excluding or forcing them to do something. For example, forcing the child to sit away from the group in ‘time out’ or preventing the child from taking part in the program or forcing the child to eat, sleep or use the toilet
• try to have a relationship with a child or their family that goes beyond their duties at Early Learning Victoria (especially to get access to a child alone)
• fail to report any relationship with a child or their family from before the time the child started at the centre
• talk directly with a child or their family through personal or private means about a matter related to an Early Learning Victoria centre
• ignore or dismiss concerns, suspicions or disclosures of child abuse, harm and family violence
• wait for proof before acting on and reporting an allegation or suspicion of child abuse, harm or family violence (instead, take action straight away)
• ignore or dismiss an adult’s overly familiar behaviour towards a child
• condone or take part in racist or prejudiced behaviour. This includes using inappropriate or discriminatory language when speaking with children or in their presence
• treat any child or family unfairly or criticise how they identify or express themselves. This includes their age, gender, race, culture, religion, sexuality, disability or other protected attributes
• disregard or fail to consider the views of children (especially when it relates to their physical and emotional safety, cultural safety, or issues or decisions that are important to them)
• use information about children for purposes other than designing or delivering education
• use any personal electronic devices to photograph, video or capture audio of children or families at an Early Learning Victoria centre
• fail to act to stop someone else, such as families and visitors, from using a personal device to photograph, video or capture audio of children or families at an Early Learning Victoria centre
• be under the influence of any illicit substance or use any illicit substance when caring for children
• vape or bring vaping substances or devices into the centre.

4. Actions and procedures

Breaches of this Code of Conduct

If you think this Code of conduct has been broken, report it to your centre’s nominated supervisor. If the breach involves your nominated supervisor, report it to your area manager.

The nominated supervisor and/or area manager must refer all matters to the Department of Education’s Conduct and Integrity Division. They will be given advice and support. This is in line with the Protecting children and mandatory reporting procedure and the Guidelines for managing conduct and unsatisfactory performance in Early Learning Victoria centres.

Staff may be removed from duties, depending on the nature of the matter, until the end of the investigation.

If a breach of this code is confirmed, the staff member may lose their job. They may also face other consequences, including if a crime has taken place.

5. Resources

Legislation and standards

Relevant legislation and standards include:

• Charter of Human Rights and Responsibilities Act 2006
• Child Safe Standards
• Children, Youth and Families Act 2005
• Child Wellbeing and Safety Act 2005
• Disability Discrimination Act 1992
• Education and Care Services National Law Act 2010
• Education and Care Services National Regulations 2011
• Racial and Religious Tolerance Act 2001
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Crimes Act 1958.

Related policies and procedures

• Administrating of first aid policy and procedure
• Anti-bias approach policy
• Child safety and wellbeing policy
• Handling complaints and feedback policy
• Nappy changing and toileting policy
• Positive relationships, interactions and behaviour support policy
• Privacy policy
• Protecting children policy
• Protecting children and mandatory reporting procedure
• Notification of serious incident reporting procedure
• Guidelines for managing conduct and unsatisfactory performance in Early Learning Victoria centres.

Definitions

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 physical abuse, sexual abuse, emotional and psychological abuse, neglect and family violence.

Child abuse material: This is any material that depicts or represents a child in a sexual or offensive way. Or, it is material that shows them as the subject of torture, cruelty or abuse. Possession of child abuse material is illegal under section 51G of the Crime Act 1958.

Corporal punishment: Corporal or physical punishment is where physical force is used and intended to cause some degree of pain or discomfort, however light. These include punishments that belittle, humiliate, denigrate, scapegoat, threaten, scare or ridicule the child.

Discrimination: This is treating, or proposing to treat, someone unfavourably. It also means bullying someone because of a personal characteristic protected by law.

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 to be caught. 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. These can include bruises, cuts, burns, fractures, poisoning, internal injuries, shaking injuries or strangulation.

Racism: Racism takes many forms and can happen anywhere. It includes prejudice, discrimination or hatred directed at someone because of their colour, ethnicity or national origin. People often associate racism with acts of abuse or harassment. However, it does not need to involve violent or intimidating behaviour.

Racism can be shown through people’s actions as well as their attitudes. It can also be seen in systems and organisations that lead to unequal outcomes. Racism is more than just words, beliefs and actions. It includes all the barriers that stop people from enjoying dignity and equality because of their race.

Religious discrimination: Religious discrimination or intolerance is another form of prejudice. It is similar to racism. It happens when someone is treated unequally or differently because of their religious beliefs or activities. Some forms of religious discrimination or intolerance can happen at the same time as racism. These include Islamophobia (anti-Muslim behaviour) and antisemitism (anti-Jewish behaviour).

Sexual abuse: This happens when someone uses their power over a child to involve them in sexual activity. Money or special attention may be used. Sexual abuse covers 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.

6. Authorisations and review

This code is the responsibility of Early Learning Victoria. Contact: ELV@education.vic.gov.au

It was approved by the CEO, Early Learning Victoria on 2 January 2026.

Early Learning Victoria regularly reviews its policies and procedures. This policy is due for review on 2 January 2028. It may be reviewed sooner if legislation or Department of Education policy changes.

Reviewed by Director Quality ELV, and Director Early Years Services ELV.