Protecting children policy

This policy guides staff, volunteers and students on meeting their legal duty to protect children from harm and abuse.

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All children have a right to feel and be safe. Early Learning Victoria has legal obligations and a duty of care to protect children from harm and abuse and promote a safe learning environment for all children.

We recognise the vital role our educators play in protecting children by responding to and reporting any incidents and disclosures, and responding and reporting when they have a reasonable belief a child has been harmed or abused.

Early Learning Victoria staff are all trained to recognise child safety and wellbeing risks, identify signs and behaviours that may indicate that a child has experienced abuse or harm, and know what steps to take to stop abuse and make children safe.

1. Scope

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.

2. Policy statement

Early Learning Victoria is committed to providing an environment where children are safe and feel safe. We commit to ensuring all centre staff, Early Learning Victoria management, volunteers and students are aware of and comply with their reporting and legal obligations to protect children from harm and abuse, including their responsibilities in relation to:

  • legal requirements to report child abuse and family violence
  • processes for responding to reasonable beliefs or disclosures of child abuse
  • how to receive disclosures
  • how to support children and families.

2.1 Requirements

Early Learning Victoria staff play a vital role in protecting children from harm and are well-placed to observe signs or behaviours that may indicate child abuse. Early Learning Victoria staff must follow the Four Critical Actions for early childhood 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.

Key schemes, policies, acts, laws and regulations that aim to protect children from the risk of harm, abuse and neglect are outlined below.

Child Safe Standards

The Child Safe Standards (CSS) require all organisations that deliver services to children to have policies, procedures and practices to keep children safe. For more information about how Early Learning Victoria meets the CSS, see Child safety and wellbeing policy.

Mandatory reporting

Early childhood educators are mandatory reporters. A mandatory reporter must report to Child Protection as soon as practicable if, in the course of practising their profession or carrying out their duties (including observing other Early Learning Victoria staff), they form a belief 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 have not protected or are unlikely to protect the child from harm of that type.

It may be a criminal offence not to report under these circumstances.

Reportable conduct

The Reportable Conduct Scheme requires Early Learning Victoria to notify the Commission for Children and Young People and the Regulatory Authority of alleged abuse by staff or volunteers.

There are five 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.

Early Learning Victoria centre staff must report all allegations of reportable conduct made against their staff and volunteers.

Duty of care

Duty of care is a legal obligation to avoid acts or omissions that could foreseeably harm another person. In relation to child abuse, this may include (but is not limited to):

  • acting on concerns and suspicions of abuse as soon as practicable
  • seeking appropriate advice or consulting with other professionals or agencies
  • reporting the suspected child abuse to appropriate authorities such as 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 school staff who will also be responsible for providing ongoing support to the child.

Child information sharing and privacy

There are 3 interrelated information sharing schemes and frameworks that allow professionals working with children to share information to:

  • promote the wellbeing or safety of children
  • facilitate assessment and management of family violence risk to children and adults.

They are:

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

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

Record-keeping requirements

Records documenting the reporting and investigation of child sexual abuse incidents, allegations and disclosures, including those not proven, must be retained for 99 years after the action is completed.

Early Learning Victoria centre staff and management must not dispose of or destroy records relating to child sexual abuse incidents, allegations and disclosures without first consulting with the Knowledge, Privacy and Records Division of the Department of Education (the department).

3. Actions and procedures

3.1 Actions families can take to protect children

Adults play a critical role in protecting children from harm. Families have the primary responsibility for protecting and caring for their children and supporting them to develop their skills to build relationships that are safe and respectful.

Families also play a critical role in identifying and responding to suspected abuse within the community. They can help to protect children by:

  • contacting or visiting local Victoria Police immediately if they believe their child has been abused or is at risk of being abused (call 000 immediately in an emergency)
  • reporting concerns to Victoria Police if they form a reasonable belief that a child under 16 years of age has been or is being sexually abused by an adult.

Note that any adult may face criminal charges if they believe another adult has committed a sexual offence against a child under 16 years of age and does not report this information to Victoria Police.

3.2 Responsibilities of staff

All centre staff and Early Learning Victoria management are required to know their obligations of duty of care and implement the following procedures to protect each child from harm and abuse.

Educators and the nominated supervisor

Educators and the nominated supervisor have legal obligations to protect children. They must:

  • act on concerns quickly and in the child’s best interest
  • protect the safety, health and wellbeing of children in their care
  • seek appropriate advice, or consult when unsure, with their nominate supervisor and Early Learning Victoria management
  • report concerns to the relevant authorities, including Child Protection, The Orange Door or Victoria Police, Commission for Children and Young People and the Victorian Institute of Teaching (VIT)
  • notify the department’s Conduct and Integrity Division if there are allegations of reportable conduct against an adult engaged by an Early Learning Victoria centre (the Conduct and Integrity Division will notify Commission for Children and Young People, Victorian Disability Worker Commission and VIT, as required)
  • record and notify Early Learning Victoria management of any disclosure of harm of abuse as soon as practicable
  • provide ongoing support to a child and their family as needed
  • share information, upon request, to assist Child Protection or police to protect and/or promote the wellbeing and development of a child
  • complete the department’s mandatory online training – Protecting Children: Mandatory Reporting and Other Obligations Training (PROTECT)
  • promote the welfare, safety and wellbeing of children at the centre at all times
  • recognise the signs of abuse, neglect and harm.

Failing to act as a reasonable or diligent person would in the same situation may lead to a breach in Duty of Care obligations.

Mandatory reporting of an incident, disclosure or suspicion of child abuse

This section outlines the Four Critical Actions to take when responding to an incident, disclosure or suspicion of child abuse.

Action 1: Responding to an emergency

If a child has just been abused or is at immediate risk of harm, staff must take reasonable steps to protect them. These include:

  • separating the alleged victim (child) and others involved and ensuring everyone involved is supervised by an educator or nominate supervisor
  • arranging and providing urgent medical assistance where necessary by administering first aid and/or calling 000 for an ambulance and following any instructions from emergency service officers or paramedics
  • calling 000 for urgent police assistance if the person who is alleged to have engaged in the abuse poses an immediate risk to the health and safety of any person
  • speaking immediately with the nominate supervisor as soon as practicable about the incident
  • completing the centre’s incident/injury/illness record form and Early Learning Victoria’s child protection report template.

Nominate supervisor must inform Early Learning Victoria, as the approved provider, as soon as practicable on the day of incident, abuse or immediate risk of harm to a child.

The educator who witnessed the abuse or immediate risk must report it to Child Protection as soon as practicable. It is also advised they speak with their nominated supervisor for support and access Employee Wellbeing Support Services.

The nominate supervisor and Early Learning Victoria team are required to work through the Regulatory Authority notification of serious incident/complaint form and submit it within 24 hours.

Action 2: Reporting to authorities of the incident, disclosure or suspicion of child abuse

If the source of suspected abuse comes from within the family or community, staff must report to Child Protection if they form the belief on reasonable grounds that a child:

  • has suffered or is at risk of suffering significant harm
  • needs protection due to child abuse
  • is at risk of being harmed (or has been harmed), and the harm has or is likely to have a serious impact on the child’s safety, stability and development, and the parents have not protected or are unlikely to protect the child.

Notification to the Regulatory Authority

Nominated supervisors are responsible for:

  • notifying Early Learning Victoria central office management as soon as practicable about any incidents compromising children’s health, wellbeing and safety.
  • complete Early Learning Victoria reporting documents and make a notification to Regulatory Authority of through National Quality Agenda IT System (NQAITS) within 24 hours.

To make notifications to the Regulatory Authority, visit National Quality Agenda IT System. Staff can also call the Regulatory Authority on 1300 307 415 or contact local Child Protection divisions. Please see the Incident, injury, trauma and illness policy for further information.

The staff member who has formed a reasonable belief regarding child abuse or neglect must also report this to Child Protection

If educators and nominated supervisors have significant concerns for the wellbeing of a child, but do not believe they are at risk of significant harm and/or abuse, and where the immediate safety of the child will not be compromised, a referral to The Orange Door may be appropriate.

Early Learning Victoria staff can seek information, share information or consult with The Orange Door to identify appropriate referral pathways for children, young people and families.

This includes help for people using violence, and for victims of family violence. The Orange Door can assess concerns and may discuss them with Child Protection, if needed.

If the source of suspected abuse comes from within the Early Learning Victoria centre, staff must make a report under the Reportable Conduct Scheme by:

  • informing the nominate supervisor or responsible person in charge at the centre immediately
  • documenting observation and/or disclosure of misconduct.

In addition:

  • the nominate supervisor or responsible person must notify the department’s Conduct and Integrity Division (the Conduct and Integrity Division will notify Commission for Children and Young People, Victorian Disability Worker Commission and VIT, as required) within 24 hours
  • the nominate supervisor or responsible person in charge must also contact Early Learning Victoria management within 24 hours
  • if a crime has been committed, Victoria Police must be contacted (via the local police station)
  • if the victim is related to the perpetrator, the matter should also be reported to Child Protection.

Action 3 – Contacting parents or carers

Staff must consult with Child Protection and or Orange Door to determine what information can be shared with the child’s family.

Victoria Police or Child Protection may advise staff:

  • not to contact the family (for example, in circumstances where the parents are alleged to have engaged in the abuse)
  • to contact the family and provide agreed information
  • how to communicate with all relevant parties with consideration for their safety.

Where advised to be appropriate, the nominate supervisor should make sensitive and professional contact with families as soon as possible on the day of the incident, disclosure or suspicion, or within 24 hours. This enables families to take steps to:

  • prevent or limit their child’s exposure to further abuse
  • ensure that their child receives the support that they require.

Nominate supervisors need to contact families within 24 hours if the suspected abuse occurs while a child is at an Early Learning Victoria centre, unless otherwise advised by Child Protection or Victoria Police.

Action 4 – Providing ongoing support

As outlined under Action 2, if educators and centre directors have significant concerns for the wellbeing of a child, but do not believe they are at risk of significant harm and/or abuse, and where the immediate safety of the child will not be compromised, a referral to The Orange Door may be appropriate.

Early Learning Victoria staff can seek information, share information or consult with The Orange Door to identify appropriate referral pathways for children, young people and families.

This includes help for people using violence, and for victims of family violence. The Orange Door can assess concerns and may discuss them with Child Protection, if needed.

The Orange Door also provides an entry point to a local network of family, family violence and Aboriginal services to support children and families.

Note that better outcomes are achieved when families are involved with Early Learning Victoria in the referral process, unless it is not safe, reasonable or appropriate to do so. Talking to families about the benefits of support will maximise their engagement.

Referring to The Orange Door would be appropriate where families are:

  • experiencing significant parenting problems that may be affecting the child’s development
  • experiencing family conflict, including family breakdown
  • under pressure due to a family member’s physical or mental illness, substance abuse, disability or bereavement
  • young, isolated or unsupported
  • experiencing significant social or economic disadvantage that may be affecting a child’s care or development.

Before contacting The Orange Door, educators should discuss their concerns about the child’s wellbeing with the nominate supervisor. The nominate supervisor should then contact Early Learning Victoria management before contacting The Orange Door to refer a family.

The nominate supervisor can then discuss Orange Door support services with the family, being transparent about concerns for the wellbeing of their child, in circumstances where the conversation is safe and does not place the child at risk of harm.

Making additional reports

Staff must make a new report in any circumstance where they become aware of any further reasonable grounds for the belief. Every report is critical to protecting a child by building evidence and enabling Child Protection or Victoria Police to gain a clearer understanding of the risks.

This means that staff must make a report to protect a child even if they are aware that:

  • Child Protection or Victoria Police were previously involved or are already involved with the child and/or their family
  • another party, such as a family member, has already raised concerns with the relevant authorities.

The report should include:

  • appropriate details of the incident, disclosure and/or suspicion of child abuse
  • an outline of the actions the service and educator have taken to date
  • details of who the incident, disclosure and/or suspicion has been reported to
  • who is investigating (name and contact phone number of Child Protection and/or the police officer)
  • information on whether they are likely to be contacted by Child Protection or Victoria Police (if known).

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.
  • Child safety and wellbeing policy
  • Child information sharing policy
  • Handling complaints and feedback policy
  • Incident, injury, trauma and illness policy.

Definitions

Child: A person under 18 years of age.

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

Physical abuse: When a child suffers or is likely to suffer significant harm from an injury inflicted by a parent, guardian, caregiver or other adult. The injury may be inflicted intentionally or be the consequence of physical punishment or the physically aggressive treatment of a child. Physical injury and significant harm to a child can also result from neglect by a parent, guardian, caregiver or other adult. The injury may take the form of bruises, cuts, burns, fractures, poisoning, internal injuries, shaking injuries or strangulation.

Sexual abuse: When a person uses power or authority over a child, or inducements such as money or special attention, to involve the child in sexual activity. It includes a wide range of sexual behaviour, from inappropriate touching or fondling of a child or exposing a child to pornography, to having sex with a child or grooming with the intent of committing child sexual abuse.

Emotional and psychological abuse: When a child’s parent or caregiver repeatedly rejects the child or uses threats to frighten the child. This may involve continual name-calling or put downs, to the extent that it significantly damages the child’s physical, social, intellectual or emotional development.

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.

Family violence: When children and young people witness or experience the chronic, repeated domination, coercion, intimidation and victimisation of one person by another through physical, sexual and/or emotional means within intimate relationships. Witnessing episodes of violence between people they love can affect young children as much as if they were the victims of the violence. Children who witness regular acts of violence have greater emotional and behavioural problems than other children.

Child Information Sharing Scheme (CISS): Allows Early Childhood Services to freely request and share relevant information with information-sharing entities to support a child or group of children’s wellbeing and safety.

Child Safe Standards: The Child Safe Standards are compulsory minimum standards for all organisations that provide services to children. Their aim is to ensure organisations are well prepared to protect children from abuse and neglect.

Child Protection: A government agency empowered to investigate concerns of child abuse and intervene to protect children, when required.

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 people should behave towards each other and towards other organisations and people in the community (refer to the ELV Code of Conduct Policy).

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

  • supporting and guiding organisations that receive allegations to promote fair, effective, timely and appropriate responses
  • independently overseeing, monitoring and, where appropriate, making recommendations to improve the responses of those organisations.

The commission can share information where appropriate, including with the Working with Children Check Unit, relevant regulators and Victoria Police, to better prevent and protect children from abuse.

Contractor: A person or company that undertakes a contract to provide materials or labour to perform a service or do a job. Examples include a photographer, a tradesperson or people contracted to provide an incursion.

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

Duty of care: A legal concept that refers to the responsibility of all staff members within any Victorian early childhood service to take reasonable steps to protect children in their care from harm that is foreseeable.

Family Violence Information Sharing Scheme (FVISS): Enables authorised organisations and services to share information to facilitate assessment and management of family violence risk to children and adults.

Mandatory reporting: The legal obligation of certain professionals and community members to report when 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. Mandated reporters must make a report to Victoria Police and/or Child Protection as soon as is practicable if, during acting out their professional roles and responsibilities, they form a belief on reasonable grounds (explained later in this definitions list) that:

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

Mandatory reporters must also follow processes for responding to incidents, disclosures or suspicions of child abuse to fulfil all their legal obligations.

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

  • a child or young person states that they have been physically or sexually abused
  • a child or young person states that they know someone who has been physically or sexually abused (sometimes the child may be referring to themselves)
  • someone who knows the child or young person states that the child or young person has been physically or sexually abused
  • a child shows signs of being physically or sexually abused
  • the person is aware of persistent family violence or parental substance misuse, psychiatric illness or intellectual disability or other factors that are impacting the child or young person’s safety, stability or development
  • the person observes signs or indicators of abuse, including non-accidental or unexplained injury, persistent neglect, poor care or lack of appropriate supervision
  • a child’s or young person’s actions or behaviour may place them at risk of significant harm and the parents or guardians are unwilling or unable to protect the child.

Regulatory Authority: The Regulatory Authority is established by the National Law. It regulates providers of early childhood education and care services to ensure they protect children’s safety, health and wellbeing and comply with the Child Safe Standards. The department is the Regulatory Authority for early childhood services in Victoria under a range of regulatory schemes outlined on its website.

Reportable allegation: Any allegation that an employee, volunteer or child has committed child abuse (refer to above definitions).

Reportable Conduct Scheme: The Reportable Conduct Scheme is provided for in the Child Wellbeing and Safety Act 2005, which outlines worker and volunteer conduct and how organisations investigate and respond to allegations of child abuse. The scheme aims to improve the response of organisations to allegations of child abuse and to help identify people who pose a risk of harm to children. The scheme applies to all employees, contractors or volunteers who are engaged by an ELV centre.

There is an allegation of Reportable Conduct under the scheme where a person has a reasonable belief that there has been:

  • a sexual offence committed against, with or in the presence of a child
  • sexual misconduct committed against, with or in the presence of a child
  • physical violence committed against, with or in the presence of a child
  • behaviour causing significant emotional or psychological harm to a child
  • significant neglect of a child.

Volunteer: Parent, guardian, family member or community member who attends the service to assist it in some capacity.

2. Authorisations and review

This policy is the responsibility of ELV. Contact: ELV@education.vic.gov.au

It was approved by the CEO, Early Learning Victoria on 29 November 2024.

Early Learning Victoria regularly reviews its policies and procedures. This policy is due for review on 29 November 2025 unless changes in legislation or Department of Education policy require it to be reviewed sooner.

Reviewed by Director, Strategy and Planning Early Learning Victoria.

Education

Updated

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