Child safe

Purpose and intent of the policy

To ensure compliance with the Victoria Child Safe Standards by providing an organisational approach to preventing and responding to child abuse.

To ensure that a standard of excellence is achieved in all applications of the Child Safe Standards within the organisation.

Statement of commitment

Moyne Shire is committed to being a child safe organisation and has zero tolerance for child abuse. We recognise our legal and moral responsibilities in keeping children and young people safe from harm and promoting their best interests. We are dedicated to ensuring we provide a culturally safe environment, embedding wellbeing, psychological safety and empowering children about their rights, equity and respect. We ensure this is reflected across physical and online environments.

We aim to create enriching experiences for young learners and want all children to feel safe, happy and empowered. We have a commitment to the cultural safety of Aboriginal and Torres Strait Islander children, culturally and linguistically diverse children, and to the safety of children with a disability

Our children

This policy is intended to empower children who are vital and active participants in our organisation. We involve them when making decisions, especially about matters that directly affect them. We listen to their views and respect what they have to say We promote diversity and tolerance in our organisation, and people from all walks of life and cultural backgrounds are welcome. In particular we:

• promote the cultural safety, participation and empowerment of Aboriginal children
• promote the cultural safety, participation and empowerment of children from cultural and/or linguistically diverse backgrounds
• ensure that children with a disability are safe and can participate equally.
• promote the safety and inclusion of transgender and non-binary children.

At Moyne Shire Council, a child’s ability to express their culture and enjoy their cultural rights is encouraged and actively supported and measures are adopted by the organisation to ensure racism within the organisation is identified, confronted and not tolerated.

Moyne Shire Council (MSC) is a Child Safe organisation and takes a zero-tolerance approach to child abuse and will ensure that respectful attitudes, behaviours and beliefs are shaped within the culture of the organisation

MSC is committed to the safety, participation and empowerment of all children within council run services and events and families are encouraged to participate in decisions affecting their child 

MSC engages and openly communicates with families including gender-diverse communities, and the community about its child safe approach and relevant information is accessible and families, carers and the community are informed about the organisation’s operations and governance 

Families are afforded the opportunity to have input in the development and review of the organisation’s policies and practices. MSC aims to prevent child abuse through training and education, rigorous recruitment processes, and effective risk management procedures. MSC takes all allegations seriously and has practices in place to respond quickly and thoroughly

MSC has a responsibility to report an allegation of abuse if there is belief on reasonable grounds that a child has been abused/is at risk of being abused

Introduction

The Victorian Government has introduced minimum Child Safe Standards and a Reportable Conduct Scheme for organisations regulated or funded by government. Both schemes apply to the whole organisation even though some areas of council do not provide services for children and young people. These complementary schemes are established by the Child Wellbeing and Safety Act 2005 (Vic) (the Act) and are administered by the Social Services Regulator (the Regulator) who oversee and monitor compliance with the schemes. Both schemes consider sexual, physical, emotional, and psychological abuse, as well as serious neglect of children under the age of 18. These initiatives complement, but do not replace, existing mandatory reporting (child protection) obligations established under the Children Youth and Families Act 2005

Who this policy applies to

This policy applies to everyone involved in the organisation. This includes councillors, senior executives, employees, volunteers, and students working in council services, as well as contractors and specialist staff engaged in activities within shire services.

Reportable conduct applies to the following people associated with Moyne Shire Council.

• Full-time, part-time, and casual employees
• Permanent and temporary employees performing work for council, inc. work experience students, apprentices, interns and trainees 
• Relevant contractors/suppliers directly engaged / renumerated by council (see ‘Contractor’ in Definitions) 
• Labour hire workers (temporary and casual individuals engaged through an agency)
• Secondees
• Volunteers;
• and councillor

Definitions of key terms and acronyms used within this policy

Aboriginal child / young person or children/young people refers to anyone under the age of 18 who is of Aboriginal or Torres Strait Islander descent, identifies as Aboriginal and or Torres Strait Islander, and/or is accepted as Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community

Child abuse is inclusive of all forms of abuse, harm and neglect (specific forms of abuse are identified where relevant or as required). Child/young person or children/young people refers to any person under 18 years of age, including the unborn child. Where the law only applies to a particular age cohort, this is specified.

Child/young person or children/young people with a disability refers to any child/young person with physical, sensory, neurological disability, acquired brain injury, intellectual disability or developmental delay that affects their ability to undertake everyday activities.

Child in need of protection refers to the legal definition of a child in need of protection as defined in Section 162(1) of the Children Youth and Families Act 2005,

Child safety in the context of this policy means measures to protect a child/young person from abuse,

Child Safe Contact Officers are internal subject matter experts who can provide advice on child safety.

Child safe organisation is defined by the Social Services Regulator as one that recognises cultural differences and does not reduce a child’s right to be safe, or the organisation’s responsibility to protect the child from harm,

Child sexual abuse is used to delineate this type of abuse from others and is used in the context of criminal offences and reporting duties specifically related to child sexual abuse,

Contractor in the scope of this policy means a person or company used by Council to provide services directly to children and young people, or where the contract’s activities will, or are likely to involve contact with children and young people that is a usual part of, and more than incidental to, the Services

Direct contact refers to either physical contact, face-to-face-contact, written, oral and/or electronic communication with children and young people.

Mandatory reporters refer to certain professional groups who have a legal duty to report a reasonable belief of physical or sexual abuse to Child Protection within the Department of Families, Fairness and Housing [DFFH]) under the Children Youth and Families Act 2005 and at Council includes Maternal and Child Health Nurses/Midwives, Immunisation Nurses, Registered Teachers and Early Childhood Teachers.

Reasonable belief is not the same as having proof, but is formed if a reasonable person in the same position would have formed a belief on the same grounds, for example 

• A child or young person states that they have been abused
• A child or young person states that they know someone who has been abused (i.e., a friend)
• Someone who knows a child or young person states that the child/young person has been abused
• Professional observations of a child/young person’s behaviour or development leads that person to form the belief that the child/young person has been or is at risk of being abused; and/o 
• Signs or indicators of abuse leads to a belief that the child/young person has been abused

Transgender and non-binary children are young people whose gender identity differs from the sex assigned to them at birth. This includes:

• Transgender children, who identify as a gender that is different from their assigned sex (e.g., a child assigned male at birth who identifies as a girl).
• Non-binary children, who do not exclusively identify as male or female. They may identify as both, neither, or somewhere along a spectrum of gender identities.
  
  

Training requirements

Training and education are important to ensure that everyone in the organisation understands that child safety is everyone’s responsibility.

MSC trains staff and volunteers to identify, assess, and minimise risks of child abuse and to detect potential signs of child abuse and report through appropriate channels.

We also support our staff and volunteers through ongoing supervision to develop their skills to protect children from abuse; and promote the cultural safety of Aboriginal children, the cultural safety of children from linguistically and/or diverse backgrounds, the safety and inclusion of transgender and non-binary children and the safety of children with a disability.

Risk management

MSC ensures that child safety and wellbeing are part of the overall risk management approach and proactively manages risks of child abuse. MSC has a robust risk management framework in place which outlines processes to identify, assess, and take steps to minimise risk of child abuse in social, physical, and online environments

Quality records

Records are maintained for allegations of abuse and safety concerns using the incident reporting system. All records are securely stored.

Record – Children's program documentation

Retention/Disposal Responsibility – As per public Records disposal schedule

Location – Children's room administration office

Record – Child Safe Standards

Retention

Procedure

Mandatory reporting is the legal requirement for certain professional groups to report a reasonable belief of child physical or sexual abuse to child protection authorities. In Victoria, under the Children, Youth and Families Act 2005, mandatory reporters must make a report to Child Protection if, in the course of practising their profession or carrying out their duties, they form a belief on reasonable grounds that a child or young person is in need of protection and their parents are unable or unwilling to protect the child/young person. Mandatory reporters are required to report in relation to significant harm as a result of physical injury or sexual abuse. They may also choose, as can anyone, to report in relation to other types of significant harm 

Mandated Reporters Under Section 182 (1) of the Children Youth and Families Act 2005, mandatory reporters at MSC including

• Maternal and Child Health Nurses and Midwive
• Immunisation Nurse
• Early Childhood Educator
• Registered Teachers and Early Childhood Teacher

The safety and wellbeing of children is our primary concern. We are also fair and just to personnel. The decisions we make when recruiting, assessing incidents, and undertaking disciplinary action will always be thorough, transparent, and based on evidence.

We record all allegations of abuse and safety concerns using our incident reporting form, including investigation updates. All records are securely stored.

If an allegation of abuse or a safety concern is raised, we provide updates to children and families on progress and any actions we as an organisation take.

Reportable conduct scheme

The Victorian Social Services Regulator has a Reportable Conduct Scheme to oversee allegations of child abuse and misconduct.

It aims to improve how organisations respond to allegations of certain types of misconduct involving children/young people committed by their workers and volunteers. It imposes legal obligations on heads of organisations to have systems in place to prevent child abuse, and if child abuse is alleged, to ensure allegations are brought to the attention of appropriate persons for investigation and response.

The Social Services Regulator must be notified and given periodic updates on MSC’s investigations of alleged reportable conduct. The legislation also gives powers to the Regulator to appropriately share information regarding substantiated findings with the Working with Children Check Unit, relevant regulators, and Victoria Police to better prevent and protect children from abuse, and to trigger an assessment of whether that person is suitable to continue to work or volunteer with children and young people

The CEO of the Moyne Shire Council being the head of the organisation must use the online form “ Notify” to inform the Social Services Regulator and update reportable allegations through the Social Services Regulator Reportable Conduct Scheme webpage https://www.vic.gov.au/reportable-conduct-scheme

The scheme requires organisations to respond to allegations of child abuse and child related misconduct made against their workers and volunteers and to notify the Social Services Regulator of any allegations.

Timeframes for reporting

Within three (3) business days of becoming aware of an allegation, the CEO must notify the Social Services Regulator that a reportable allegation has been made against a responsible person.

Within 30 calendar days, the CEO must provide certain detailed information about the allegations unless there is a reasonable excuse. It is a criminal offence to fail to comply with the three (3) day and 30-day notification obligations without a reasonable excuse

Roles and responsibilities

All Council employees, volunteers and contractors have a duty of care to protect children and young people from abuse. They must adhere to the reporting obligations, procedures and responsibilities set out in this policy to ensure all allegations or suspicions of child abuse are responded to effectively, responsibly, and consistently

Council employees must make a report to Victoria Police in any of the following circumstances

• A child / young person is in immediate danger/requires immediate protection from child abuse
• They form a reasonable belief that an adult (18 years and over) has committed a sexual offence against a child/young person under 16 years of age 

Council employees must report allegations or suspicions of child sexual abuse to police regardless of how much information they have about the alleged offender or the alleged crime 

Specific roles and responsibilities are:

Councillors

The councillors will ensure Child Safe policies and procedures are implemented and reviewed regularly through an internal audit process. Endorse relevant documents that support child safety at Moyne Shire Council.

Chief Executive Officer

• Ensure child safety is a focus within the organisation by demonstrating strong leadership in child safe practices.
• Ensure an organisational culture of respect is maintained in relation to Child Safety and Cultural Safety by planning organisational resources and requirements.
• Ensure the creation of a culturally safe environment for Aboriginal people, people from culturally/linguistically diverse backgrounds, and for people with disabilities.

Executive Leadership Team

• Ensure governance arrangements facilitate the effective implementation of this policy at all levels of the organisation; an 
• Regularly review the child safe incident data, which includes data considering the intersectionality of gender and other identities if known, and council’s overall performance in delivering its child safety and wellbeing strategic objectives

Full Leadership Team

• Ensure Child Safe policies and procedures are circulated and understood.
• Ensure all employees have Child Safe training.
• Ensure induction processes include clear guidelines for compliance with organisational Child Safe policies and Code of Conduct.
• Ensure a workplace culture of respect in relation to child safety and child cultural safety.

People and Culture

• Maintain robust recruitment practices in line with Child Safe policies and related policies such as Police Checks and Working with Children Checks.
• Ensure all inductees understand their responsibilities in relation to Child Safe Standards.
• Ensure that all job descriptions contain statements about our commitment to Child Safe Standards and make explicit reference to legislative checks.
• Moyne Shire Council’s Code of Conduct will include expected behaviours in relation to working with children and be signed by all employees, volunteers, and students.
• Outline explicit guidelines for reporting and dealing with breaches of the Code of Conduct.

Decisions made when recruiting, assessing incidents and undertaking disciplinary action will always be thorough, transparent and based on evidence.

Community Services Department

• Determine the processes for providing Child Safe training.
• Early Years Coordinator will provide advice and support to all employees who need to make a report about suspected abuse.
• Maintain networks with Child First and Health Alliances within Moyne Shire.
• Ensure all enquiries and reports are dealt with in accordance with organisational procedure.
• Maintain networks with Koorie Education Support officers, Koori Pre School Support Officers, and other relevant cultural bodies.
• Maintain networks, relevant support bodies, and specialist staff.

Early Childhood Educators

• Curriculum development to be based upon the principles of empowering children to participate fully in their environment.
• Create a culturally safe environment by creating opportunities for the voices of Aboriginal children and children from culturally/linguistically diverse backgrounds to be heard.
• Ensuring a safe environment and strong inclusive practices for children of all abilities, and specialists support for children with disabilities.
• Ensuring all staff understand and comply with the Child Safe Policy and Child Safe Reporting Policy and procedures including CS CHS 006 Child Safe Environment and Wellbeing.
• Engaging with relevant cultural and educational networks and support services.
• Ensuring all staff practice strong supervision of children at all times.

Employees, volunteers and students

• Maintain an understanding of the legislation and rights and responsibilities.
• Participate in training and education programs.
• In consultation with the People and Culture Department ensure all valid registrations, police checks, Working With Children Checks (WWCC), and details of professional development and training are maintained and available to the organisation.
• Report any breaches of Code of Conduct.
• Report any indictments/convictions that may impact on individual’s employment/engagement.

Contractors

• Contribute to the safety and protection of children.
• Understand and adhere to legislative responsibilities and requirements.
• Work within the organisation’s culture of respect for Child Safety and Cultural Safety.
  
  

Review

This policy will be reviewed every two years and following significant incidents if they occur. We will ensure that families and children have the opportunity to contribute to any review. Where possible we do our best to work with local Aboriginal communities, culturally and/or linguistically diverse communities and people with a disability.

The organisation regularly reviews, evaluates and improves child safe practices.

Complaints, concerns and safety incidents are analysed to identify causes and systemic failures to inform continuous improvement. The organisation reports on the findings of relevant reviews for staff and volunteers, community and families and children and young people

Relevant legislation / references

Child Safe Standards

Standard 1 – Organisations establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued

Standard 2 – Child safety and wellbeing is embedded in organisational leadership, governance and culture

Standard 3 – Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously

Standard 4 – Families and communities are informed, and involved in promoting child safety and wellbeing

Standard 5 – Equity is upheld and diverse needs respected in policy and practice

Standard 6 – People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice

Standard 7 – Processes for complaints and concerns are child focused

Standard 8 – Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training

Standard 9 – Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed

Standard 10 – Implementation of the Child Safe Standards is regularly reviewed and improved

Standard 11 – Policies and procedures document how the organisation is safe for children and young people

Moyne Shire Council Child Safe Strategy 2025-2029

CS CHS 006 Child Safe Environment and Wellbeing

CS CHS 002 Inclusion and Equity

PC 005 Recruitment and Selection

PC 007 Volunteer Policy

Gov-40 Complaints Policy

Department of Families Fairness and Housing Victoria | Department of Families, Fairness and Housing (dffh.vic.gov.au)

Health.vic | health.vic.gov.au

https://ccyp.vic.gov.au/child-safe-standards/new-child-safe-standards-now-apply

https://www.snaicc.org.au/

https://childsafe.humanrights.gov.au/

https://www.legislation.vic.gov.au/in-force/acts/child-wellbeing-and-safety-act-2005/035

Reportable Conduct Scheme administered by the Social Services Regulator

Worker Screening Act 2020

Worker Screen Regulations 2021 (Vic)

Worker Screening Act 2020 | legislation.vic.gov.au

Gender impact assessment

A gender impact assessment has been undertaken to enhance protection for vulnerable groups.

Human rights commitment

It is considered that this Policy does not impact negatively on any rights identified In the Charter of Human Rights and Responsibilities Act (2006). Moyne Shire Council is committed to consultation and cooperation between management and employees. The Council will formally involve elected employee health and safety representatives in any workplace change that may affect the health and safety of any of its employees.

Child safety statement

Moyne Shire is committed to being a child safe organisation and has zero tolerance for child abuse. We recognise our legal and moral responsibilities in keeping children and young people safe from harm and promoting their best interests.

We are dedicated to ensure we provide a culturally safe environment, embedding well-being, psychological safety and empowering children about their rights, equity and respect. We ensure this is reflected across physical and online environments.

We aim to create enriching experiences for young learners and want all children to feel safe, happy and empowered. We have a commitment to the cultural safety of Aboriginal and Torres Strait Islander children, culturally and linguistically diverse children, and to the safety of children with a disability.

Policy owner

Manager Corporate and Governance

Document history

Version 003

Date Endorsed: April 202g

Reason for Change: This policy has been reviewed and strengthened in response to audit recommendations and current context.

Version 002

Date Endorsed November 2022

Reason for Change: The policy has been reviewed to reflect and incorporate a new set of Child Safe Standards released by the Victorian Government.