Reporting child abuse ACT
Reporting child abuse and neglect Australian Capital Territory If you believe a child or young person is in immediate danger or in a life-threatening situation, contact the Police immediately by dialling 000.
Legislation Who is legislatively required to report abuse or neglect? Mandated Reporters Mandated reporters are adults who must report when they believe a child or young person has experienced or is experiencing sexual abuse or a non-accidental physical injury and this belief arises from information obtained during the course of their work (whether paid or not paid). Mandated reporters are identified in the Children and Young People Act 2008. These include: doctors, dentists, nurses, enrolled nurses, midwives, teacher/teachers aid at a school, a police officer, a person employed to counsel children at a school, a person caring for children at a child care centre, a person coordinating home based care for a family day care scheme, a public servant working with or providing services personally to children, young people or families. Although many people working and volunteering in sporting and recreation organisations may not be mandatory reporters, it is important that staff and volunteers consider the importance of protecting children and young people from abuse and neglect. The protection of children is everyone’s business. Play by the Rules supports the reporting of concerns when children or young people are belived to have been or being abused or neglected. Voluntary Reports All members of the community may make a voluntary report if they believe or suspect that a child or young person is being abused or neglected or is at risk of being abused or neglected. Abuse includes sexual abuse, physical abuse and emotional abuse, including psychological abuse and exposure to domestic violence. Prenatal Reports
Play by the Rules is supported by the Australian, state and territory governments. The information on Play by the Rules is not intended as a substitute for legal or other professional advice. © Play by the Rules www.playbytherules.net.au Updated November 2014
Reporting child abuse – Australian Capital Territory
Members of the community may also make a prenatal report if they belive or suspect that a child who may be born as a result of the pregnancy may be in need of care and protection. All mandatory,voluntary and prenatal reports are made to Care and Protection Services. For more information go to Care and Protection Services Community Services Directorate, ACT Government.
Are there penalties involved for failing to report? Mandated reporters who do not make a report may commit an offence punishable by a financial penalty, imprisonment or both. The exception to this obligation is if the reporter is aware that someone else has already made a report in relation to the same incident of abuse. It is an offence to make a false or misleading mandatory, voluntary or prenatal report, punishable by a financial penalty, imprisonment or both. An offence is not committed if a person does not make a voluntary or prenatal report.
How am I protected when I make a report? The identity of reporters is protected by the secrecy provisions of the Children and Young People Act 2008. This prevents the provision of information to others about a reporter or information that would allow the reporter to be identified.
Action What gets reported? A report is made to Care and Protection Services providing the details of the child or young person - including their name, age/date of birth, address and parents names (if available) and the details of your concerns. . You do not have to have proof and you do not have to ask the child questions to confirm your belief or suspicion. This is the role of Care and Protection Services caseworkers. Reports may be made during business and after hours at the numbers identified below. You may also make a report by emailing concerns to [email protected]. Please ensure you include the information outlined above in your email. You may be contacted by a worker if further discussion of your concerns is required.
You may wish to not provide your personal details. You can make an anonymous report.
Where to make a report? Contact Care and Protection Services within the Community Services Directorate on one of the following numbers: •
Mandated Reporters: 1300 556 728 Fax: 6205 0641 or email Child Protection Reports to [email protected]
•
General Public Contact Number: 1300 556 729
•
After Hours Crisis Services: 1300 556 729
Play by the Rules www.playbytherules.net.au
2
Reporting child abuse – Australian Capital Territory
Useful information Child-safe environments Introducing child-safe measures will help your organisation to manage risks and work towards keeping children and young people safe. Child-safe measures prevent and minimise opportunities for child abuse within your organisation, including initiatives and ideas to prevent offenders from gaining access to children within your organisation. Child-safe measures include ensuring your staff and volunteers understand their child protection obligations and that staff and volunteers know who to contact should they believe or suspect a child may be at risk of abuse or neglect. Organisations working to create child-safe environments understand that the care and protection of children is everybody’s responsibility and ensure that all members are aware of their rights and responsibilities in regards to protecting children.
What does establishing a child-safe environment involve? It requires putting a range of strategies in place to ensure the safety of children, prevent offenders from gaining access to children within your organisation and reducing opportunities for abuse or neglect These strategies include: •
Understanding the different types of child abuse.
•
Identifying potential risks and dangers to children (e.g. going away on camps) and managing those risks.
•
Developing guidelines and processes that clearly outline how to respond to child protection issues.
•
Choosing staff with care.
•
Ensuring that Codes of Conduct for employees and volunteers are adequate and promoted among members.
•
Outlining standards of care for ensuring the safety of children and processes to address harassment, discrimination bullying or other inappropriate behaviour.
•
Seeking feedback from children who are involved in your organisation, and using this feedback in reviewing how your organisation operates.
•
Promoting that the organisation is places the safety and welfare of children first and is committed to providing a child safe environment, particularly when advertising vacant positions (including volunteer positions).
•
Obtaining Working with Vulnerable People checks for any employees/volunteers that engage with children, even if they are not legislated to obtain a check
•
Conducting referee checks (particularly with previous child-related employers, if possible).
•
Nominating a child protection officer and/or Member Protection Information Officer who members can s discuss their concerns.
•
Ensuring that all staff (paid and volunteers) understand their mandatory/ethical reporting obligations for suspected child abuse and neglect.
Play by the Rules www.playbytherules.net.au
3
Reporting child abuse – Australian Capital Territory
•
Ensuring staff have a clear understanding of acceptable/ unacceptable behaviour and know who to contact to in regards to concerns they may have.
•
Talking openly about the importance of ensuring the safety of children within your organisation.
Resources •
Keeping Children and Young People Safe: A Shared Community Responsibility (November 2012), Community Services Directorate
•
Community Services Directorate
Play by the Rules www.playbytherules.net.au
4
Legislation Who is legislatively required to report abuse or neglect? Mandated Reporters Mandated reporters are adults who must report when they believe a child or young person has experienced or is experiencing sexual abuse or a non-accidental physical injury and this belief arises from information obtained during the course of their work (whether paid or not paid). Mandated reporters are identified in the Children and Young People Act 2008. These include: doctors, dentists, nurses, enrolled nurses, midwives, teacher/teachers aid at a school, a police officer, a person employed to counsel children at a school, a person caring for children at a child care centre, a person coordinating home based care for a family day care scheme, a public servant working with or providing services personally to children, young people or families. Although many people working and volunteering in sporting and recreation organisations may not be mandatory reporters, it is important that staff and volunteers consider the importance of protecting children and young people from abuse and neglect. The protection of children is everyone’s business. Play by the Rules supports the reporting of concerns when children or young people are belived to have been or being abused or neglected. Voluntary Reports All members of the community may make a voluntary report if they believe or suspect that a child or young person is being abused or neglected or is at risk of being abused or neglected. Abuse includes sexual abuse, physical abuse and emotional abuse, including psychological abuse and exposure to domestic violence. Prenatal Reports
Play by the Rules is supported by the Australian, state and territory governments. The information on Play by the Rules is not intended as a substitute for legal or other professional advice. © Play by the Rules www.playbytherules.net.au Updated November 2014
Reporting child abuse – Australian Capital Territory
Members of the community may also make a prenatal report if they belive or suspect that a child who may be born as a result of the pregnancy may be in need of care and protection. All mandatory,voluntary and prenatal reports are made to Care and Protection Services. For more information go to Care and Protection Services Community Services Directorate, ACT Government.
Are there penalties involved for failing to report? Mandated reporters who do not make a report may commit an offence punishable by a financial penalty, imprisonment or both. The exception to this obligation is if the reporter is aware that someone else has already made a report in relation to the same incident of abuse. It is an offence to make a false or misleading mandatory, voluntary or prenatal report, punishable by a financial penalty, imprisonment or both. An offence is not committed if a person does not make a voluntary or prenatal report.
How am I protected when I make a report? The identity of reporters is protected by the secrecy provisions of the Children and Young People Act 2008. This prevents the provision of information to others about a reporter or information that would allow the reporter to be identified.
Action What gets reported? A report is made to Care and Protection Services providing the details of the child or young person - including their name, age/date of birth, address and parents names (if available) and the details of your concerns. . You do not have to have proof and you do not have to ask the child questions to confirm your belief or suspicion. This is the role of Care and Protection Services caseworkers. Reports may be made during business and after hours at the numbers identified below. You may also make a report by emailing concerns to [email protected]. Please ensure you include the information outlined above in your email. You may be contacted by a worker if further discussion of your concerns is required.
You may wish to not provide your personal details. You can make an anonymous report.
Where to make a report? Contact Care and Protection Services within the Community Services Directorate on one of the following numbers: •
Mandated Reporters: 1300 556 728 Fax: 6205 0641 or email Child Protection Reports to [email protected]
•
General Public Contact Number: 1300 556 729
•
After Hours Crisis Services: 1300 556 729
Play by the Rules www.playbytherules.net.au
2
Reporting child abuse – Australian Capital Territory
Useful information Child-safe environments Introducing child-safe measures will help your organisation to manage risks and work towards keeping children and young people safe. Child-safe measures prevent and minimise opportunities for child abuse within your organisation, including initiatives and ideas to prevent offenders from gaining access to children within your organisation. Child-safe measures include ensuring your staff and volunteers understand their child protection obligations and that staff and volunteers know who to contact should they believe or suspect a child may be at risk of abuse or neglect. Organisations working to create child-safe environments understand that the care and protection of children is everybody’s responsibility and ensure that all members are aware of their rights and responsibilities in regards to protecting children.
What does establishing a child-safe environment involve? It requires putting a range of strategies in place to ensure the safety of children, prevent offenders from gaining access to children within your organisation and reducing opportunities for abuse or neglect These strategies include: •
Understanding the different types of child abuse.
•
Identifying potential risks and dangers to children (e.g. going away on camps) and managing those risks.
•
Developing guidelines and processes that clearly outline how to respond to child protection issues.
•
Choosing staff with care.
•
Ensuring that Codes of Conduct for employees and volunteers are adequate and promoted among members.
•
Outlining standards of care for ensuring the safety of children and processes to address harassment, discrimination bullying or other inappropriate behaviour.
•
Seeking feedback from children who are involved in your organisation, and using this feedback in reviewing how your organisation operates.
•
Promoting that the organisation is places the safety and welfare of children first and is committed to providing a child safe environment, particularly when advertising vacant positions (including volunteer positions).
•
Obtaining Working with Vulnerable People checks for any employees/volunteers that engage with children, even if they are not legislated to obtain a check
•
Conducting referee checks (particularly with previous child-related employers, if possible).
•
Nominating a child protection officer and/or Member Protection Information Officer who members can s discuss their concerns.
•
Ensuring that all staff (paid and volunteers) understand their mandatory/ethical reporting obligations for suspected child abuse and neglect.
Play by the Rules www.playbytherules.net.au
3
Reporting child abuse – Australian Capital Territory
•
Ensuring staff have a clear understanding of acceptable/ unacceptable behaviour and know who to contact to in regards to concerns they may have.
•
Talking openly about the importance of ensuring the safety of children within your organisation.
Resources •
Keeping Children and Young People Safe: A Shared Community Responsibility (November 2012), Community Services Directorate
•
Community Services Directorate
Play by the Rules www.playbytherules.net.au
4
