NQS

QUALITY AREA 2:  CHILDREN’S HEALTH AND SAFETY

National Regulations

Purpose

All children have the right to experience quality education and care in an environment that promotes opportunities to thrive with adults who safeguard and advocate for their health, safety, security and wellbeing including the right to:

• be asked to express their views and wishes about matters affecting their lives and to have those views appropriately considered by adults;

• feel and be safe in their interactions with adults and other children and young people; and

• understand, as early as possible, what is meant by ‘feeling and being safe’.

In addition, our goal is to ensure that every reasonable precaution is taken to protect the children being educated and cared for by the service from harm. Our service (educators, staff, management and volunteers) have a responsibility to defend children’s rights to care and protection and are required to report any children at significant risk of harm. Our service upholds the Child Safe Standards recommended by the Royal Commission, providing a framework for creating a culture that puts the interest and rights of the child first, keeping safe from harm.

In New South Wales, legislation requires educators to report any risk of harm to a child, as they are mandatory reporters. Educators are encouraged to uphold the wellbeing and safety of children at all times by seeking immediate support from appropriate educators within the Service and/or from the NSW Department of Communities and Justice (formerly Department of Family and Community Services). If the risk of harm to a child involves a staff member, the Service will obtain advice and support from the Office of the Children’s Guardian.

Strategies: Child Protection

• All educators and volunteers of our service are Mandatory Reporters and are required to report to the Child Protection Helpline (24 hours) (Phone: 132 111 or eReport at: https://reporter.childstory.nsw.gov.au/s/) if they have reasonable grounds to suspect a child or young person is at risk of significant harm and have current concern about the safety, welfare or wellbeing of a child or young person.

• The Mandatory Reporter Guide will be used, to guide decision-making and determine whether or not to report to the Child Protection Helpline under the risk of significant harm reporting threshold.

• Staff will undertake training in order to effectively:

  • Make appropriate responses to all disclosures of abuse and any allegation of abuse against staff members of the service

  • understanding of their responsibilities and procedure as a mandatory reporter

  • be able to recognise the factors that increase a child’s vulnerability to maltreatment;

  • be aware of the vulnerabilities which may indicate a need to assess, monitor or curtail the behaviour of individuals in relation to children and young people within organisations.

• To comply with legislation and provide a child-safe environment, educators will keep up to date with child protection requirements; this includes adhering to the Child Protection Policy, updating Child Protection Training as required, and completing Child Protection refresher courses on an annual basis.  (CSS 7)

• Our service implements the Child Safe Standards and use these often as a guide to find areas in which we can improve in creating and maintaining a culture where children’s rights are prioritised.

• Our service philosophy and statement of commitment is displayed in foyer.

Responsibilities for Approved Provider:

• Ensure the service operates in line with the Education and Care Services National Law and National Regulations with regard to the delivery and collection of children at all times (National Regulation 99). 

• Ensure all staff have access to relevant professional development.

• Ensure that all staff are familiar with the Child Safe Standards recommended by the Royal Commission.

• Ensure that the Nominated Supervisor and staff members at the service who work with children are advised of current child protection legislation, its application, and any obligations that they may have under that law (National Regulation 84). (CSS 5)

• Ensure that all responsible persons on the service have up to date child protection training (National Law 162)

• Verify that any adult working directly with children, including all relevant staff and educators, have a current approved Working with Children Check from the Children’s Guardian website. https://www.kidsguardian.nsw.gov.au/child-safe-organisations/working-with-children-check/apply.

• Management is responsible for the periodic review and maintenance of up-to-date records of employees’ Working with Children Check, including the Working with Children Check number and the date on which each clearance expires.

• Ensure that policies and procedures are up to date and reflect the National Regulations (National Regulation 168). 

• Ensure that all staff are aware of the policies and procedures of the service and that a copy of these are available for all visitors, families, students and staff of the service at all times (National Regulation 170-171).

• Orientate every working adult to this child protection policy within the Induction Process, and Mandatory Reporter responsibilities and ensuring their regular review of these.

Responsibilities Nominated Supervisor will:

• Identifying and providing appropriate resources and training to assist staff, contractors, visitors, volunteers and students to implement this policy. (CSS 7)

• Keeping up to date and complying with any relevant changes in legislation and practices in relation to this policy. (CSS 9)

• Co-operating with other services and/or professionals in the best interests of children and their families.

• Ensuring that families are made aware of support services available to them and of the assistance these services can provide. (CSS 3)

• Ensuring that all staff who work with children are supported to implement this policy in the service. (CSS 9)

• Protecting the rights of children and families and encouraging their participation in decision-making at the service. (CSS 2) (CSS 3)

 Responsibilities of the Educators

• Develop trusting and secure relationships with all children at the service. (CSS 2)

• Act in accordance with the obligations outlined in this policy.

• Raise concerns when barriers or threats to the protection of children and young people’s safety and wellbeing are identified, including through the conduct of other adults at the site/service.

• Keeping up to date and complying with any relevant changes in legislation and practices in relation to this policy. (CSS 10)

• Follow all record keeping requirements (National Regulation 173, 177).

• Undertaking appropriate training and education on child protection. (CSS 7)

• Identifying any potential for risk and harm to a child at the service and developing and implementing effective prevention strategies in consultation with the approved provider and the nominated supervisor.

• Co-operating with other services and professionals in the best interests of children and families.

• Ensuring that no child is left alone (or is out of sight) with a contractor, visitor, volunteer, student or parent/guardian at the service. (CSS 8)

• Implementing the procedures for reporting suspected child abuse.

• Notifying the Nominated Supervisor or the approved provider immediately on becoming aware of any concerns, complaints or allegations regarding the health, safety and welfare of a child at the service.

• Make reports of current concerns for any child at risk of significant harm to the Child Protection Helpline for Mandatory Reporters

• Offer support to the child and their family, and to other and staff in response to concerns or reports relating to the health, safety and wellbeing of a child at the service.

• Maintaining confidentiality at all times (National Regulation 181).

• Adhering to all service policies and procedures.

• Educators will work in collaboration with our Arrival and Departure Policy and Student and Visitors Policy to ensure children feel safe and secure. To ensure children’s safety, Educators have a clear understanding of their legal obligation to check identification when a person is picking up a child. To maintain compliance, parents and educators will complete the Hubworks (service administrative system) enrolment form if they authorise a person who is not on their emergency contact form to pick up their child. (CSS 10)

Responsibilities for the Families

• Reading and complying with this policy.

• Reporting any concerns, including in relation to potential for child abuse, to the Nominated Supervisor.

Child Protection (Extended)  

Definitions:

‘At risk of significant harm’ - in relation to a child or young person means that there are current concerns for their safety, welfare or wellbeing because of the presence to a significant extent of any one or more of the following circumstances¹.

• The child or young person’s basic physical or psychological needs are not being met or are at risk of not being met.

• The parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive medical care.

• In the case of a child or young person who is required to attend school in accordance with the Education Act 1990 — the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with that Act.

• The child or young person has been, or is at risk of being, physically or sexually abused or ill-treated

• The child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm.

• A parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm.

‘Reasonable grounds’:  - means that you suspect a child may be at risk of significant harm based on:

• Your observations of the child, young person or family.

• What the child, young person, parent or another person has told you. It does not mean that you are required to confirm your suspicions or have clear proof before making a report.

Disclosure of Abuse:

Responsibilities for the educators and staff:

• React calmly to the child making the disclosure;

• Listen attentively and later write down the child’s exact words;

  • Provide comfort and care to the child.

  • Follow the steps for reporting as per the Mandatory Reporter Guide.

• Reassure the child or young person that: It is not their fault;

  • It was right to tell.

  • It is not OK for adults to harm children - no matter what.

  • Explain what will happen now - that it is part of your job to tell people who can help the child or young person.

• Educators and staff will not prompt the child for further details or ask leading questions which would make the child feel uncomfortable or has the potential to jeopardise any future legal proceedings that may arise as a result of any investigation.

Mandatory Reporting:

Responsibilities for the Approved Provider/Nominated Supervisor

• Provide all staff and educators working directly with children with access to the Child Protection Policy and the Mandatory Reporter Guide to assist them in their reporting. (CSS 1)

• Support staff through the process of documenting and reporting current concerns of children at risk of significant harm.

• Provide all staff and educators with clear guidelines around documentation.

• Display the Child Protection Helpline number for Mandatory Reporters (132 111) on all phone and lists of emergency contact number in the interests of timely reporting.

• Follow the Child Safe Standards recommended by the Royal Commission, to provide a framework for making our organisation safer for children. Share the Child Safe Standards with Educators regularly, and as part of the service induction process.

Responsibilities for the educators and staff:

• In an emergency, where there are urgent concerns for a child’s health or life, it is important to contact the police, using the emergency line ‘000’.

• Make a record of the indicators observed that have led to the belief that there is a current risk of significant harm to a child or young person. Information on indicators of risk of significant harm are outlined in the NSW Mandatory Reporter Guide which is accessible at https://reporter.childstory.nsw.gov.au/s/mrg.

• Discuss any concerns with the Nominated Supervisor of the service. Advise the Nominated Supervisor of their intention to make a report to the Child Protection Helpline (132 111).

• Use the Mandatory Reporter Guide, answer the questions relating to concerns about a child or young person. At the end of the process, a decision report will guide them as to what action to take. The Nominated Supervisor is available if staff require assistance to use this online tool.

• Advise the Nominated Supervisor when a report has been made to the Child Protection Helpline.

• If the Mandatory Reporter Guide determines that there are grounds to suspect a risk of significant harm to a child or young person, phone the Child Protection Helpline on 132 111.

• Mandatory reporters should note that the legislation requires that they continue to respond to the needs of the child or young person (within the terms of their work role) even after a report to the Child Protection Helpline has been made.

• If the Mandatory Reporter Guide determines that an educator or staff member’s concerns do not meet the risk of significant harm threshold they do not need to make a report to the Family and Child Protection Helpline.

Allegations of abuse against staff, educators, volunteers or students:

Responsibilities for the Approved Provider/Nominated Supervisor:

• Develop and maintain a system of appropriate record keeping for all allegations to ensure detailed documentation is made and stored as required. Our service confidentially stores concerns and documentation on children through using Hubhello.

• Take all allegations of abuse seriously and clarify what is being alleged with the person who is making the allegation.

• Assess whether or not a child or young person is ‘at risk of significant harm’ and, if so, make a report to the Child Protection Helpline.

• Determine whether or not the allegation is a reportable allegation, a reportable conviction, or reportable conduct, or a vexatious complaint. For determination, reference will be made to: www.ombo.nsw.gov.au/publication/PDF/guidelines/Child%20Protection%20in%20the%20workplace.pdf.

• When becoming aware of a reportable allegation or a reportable conviction, the Nominated Supervisor must notify the Office of the Children's Guardian within seven business days and conduct an investigation into the allegations. If the final entity report is not ready to submit within 30 calendar days, the Nominated supervisor must provide an interim report with information about the progress of the investigation and an expected timeframe for completion. This is required under the Children's Guardian Act 2019

• If a report is made to the police, complete a SI01Written Notice of Serious Incident Form and submit to Department of Education and Communities within 24 hours of the incident.

• If a report has not been made to the police, complete a NL01 Written Notice of Complaints and Incidents (other than serious incidents) Form and submit to the Department of Education and Communities.

• Ensure confidentiality is maintained at all times.

• Undertake a risk management approach following an allegation to ensure the protection and safety of children, staff and visitors to the service. Based on this risk assessment, decisions will be made in order to manage the risks that have been identified.

• Develop an investigation plan of the matter. Obtain relevant information from a range of sources. This may include a statement from the person who made the allegation; statements from witnesses and a statement from the person against whom the allegation has been made and any other relevant documentation; If the allegation is being investigated by the NSW Department of Communities and Justice or the Police, the service will be guided by their advice as to whether they should independently investigate the allegation.

• If the investigation is carried out by the service, the information that has been gathered will be assessed and a finding made as to whether the allegation is false, vexatious, misconceived, not reportable conduct, not sustained or sustained. The reasons for the finding will be clearly recorded to ensure that the decision-making has been transparent.

• The educator, volunteer or student will be advised of the outcome of the investigation in writing. Advice will be provided about the investigation finding and any follow up action that may be required. Advice will also be provided about any rights of appeal and the person will be advised that the Office of the Children’s Guardian also notified of the relevant employment proceeding (if relevant).

• Family and Community Services will also be informed of the outcome of the investigation.

Informing Educators, Volunteer, Student in relation to allegations of abuse:

The Approved Provider/Nominated Supervisor will:

• Treat the staff member/educator/volunteer/student with fairness at all times and uphold their employee rights at all times.

• Depending on the nature of the allegation, arrange to inform the person immediately (though be guided by the advice of Department of Communities and Justice or the police).

• Arrange for the person against whom an allegation has been made, to have a support person attend the meeting. This support person must not participate in the meeting.

• Make accurate documentation of all conversations, and ensure all records are kept confidentially.

• Offer counselling or support to the person subject to the allegation.

• Depending on the nature of the allegation made, the person subject to the allegation may be suspended pending further investigation.

• After all investigations are completed, provide the educator/carer/volunteer with verbal and written notice of the outcome of the investigation.

Rights of all parties

• The decision-making process throughout the investigation will be based on the safety and wellbeing of the child/ren and the staff/carers/carer's household members.

• Consideration will be taken in relation to actual or potential 'conflicts of interest' that may be held by the investigator.

• All reportable allegations will be notified to the Office of the Children’s Guardian. The person, against whom the allegation has been made, will be notified of this and will also be notified of the investigation find and follow up action, including the Written Notice to the Office of the Children’s Guardian if relevant.

• The person, against whom the allegation has been made, will be notified of any appeal mechanisms if they are not satisfied with the investigation process or the outcome of the investigation.

• The Approved Provider, Nominated Supervisor, or other nominated person who conducts the investigation, will ensure that they act without bias, without delay and without conflict of interest.

Definitions, Terms & Abbreviations

Related Statutory Obligations & Considerations

• Australian Children’s Education and Care Quality Authority (ACECQA)

• Children (Education and Care Services) National Law (NSW) No 104a

• Childwise

• Child Story Reporter

• Children and Young Persons (Care and Protection) Act

• Child Protection (Working with Children) Regulation

• Commission for Children and Young People Act

• Department of Education

• Early Years Learning Framework (EYLF)

• Education and Care Services National Regulations 2011

• FACS

• Kidsafe

• Keep Them Safe

• Mandatory Reporters Guide

• NSW Health

• National Quality Framework (NQF)

• NSW Interagency Guidelines

• Office of the Children’s Guardian

Related Telephone Numbers

• Child Protection Helpline (24 hours) - 132 111

• Early Childhood Education and Care Directorate - 1800 619 113

• Family Court of Australia - 1300 352 000

• Kidsafe – (02) 9845 0890

• National Child Abuse Helpline (9-5pm) - 1800 991 099

• NSW Police Force - 000

• NSW Ombudsman – (02) 9286 1000

• Office of the Children’s Guardian – (02) 9286 7219

Amendment History

This policy will be updated to ensure compliance with all relevant legal requirements every year. Appropriate consultation of all stakeholders (including staff and families) will be conducted on a timely basis. In accordance with Regulation 172 of the Education and Care Services National Regulation, families of children enrolled will be notified at least 14 days and their input considered prior to any amendment of policies and procedures that have any impact on their children or family.

Date:

21.02.2025

Version:

6

Last amended by:

Laura Clarke  

Next Review:

21.02.2026

Position:

Nominated Supervisor

This policy has been approved by the Office of the Children’s Guardian December 2017