NQS

QUALITY AREA 2:  CHILDREN’S HEALTH AND SAFETY

Education and Care Services National Regulations

Purpose

This policy supports a culture of integrity and accountability by providing a safe and confidential process for reporting wrongdoing, misconduct, or any matter that may risk the safety, welfare, or wellbeing of children within our Service. We believe that children’s safety, rights, and best interests are the paramount consideration for all Service operations, decisions and functions. Our Service ensures that child safety, wellbeing and best interests take priority over all other considerations, including financial interests or other obligations of management, and are embedded in our daily practices, policies and procedures.

Scope

• SCOPE

  This policy applies to staff, educators, management, approved provider, nominated supervisor, students,

  families, children, volunteers and visitors of the Service.

   

  DEFINITIONS

  For additional definitions and key terms used within this policy, refer to Key Terms – Policies and Procedures.

   

  Protected Disclosure/Qualifying Disclosure: A disclosure of information where the reporter (whistleblower) has reasonable grounds to suspect the information concerns:

  •         conduct that endangers or may endanger the safety, health or wellbeing of children

  •         misconduct or an improper state of affairs

  •         illegal activity or breach of law

  •         inappropriate conduct toward children

  •         fraudulent activity or corruption

  •         negligence

  •         systemic practices posing serious risk to health and safety

  •         breach of child protection requirements

  •         failure to comply with the National Law or Regulations

   

  Reasonable grounds to suspect: The discloser’s reasons for suspicion must be reasonable when considered objectively. Even if the disclosure proves incorrect, protection applies if reasonable grounds existed.

   

  Detrimental Action: Any disadvantage to a person including:

  •         dismissal, demotion or suspension

  •         harassment, intimidation or victimisation

  •         discrimination or adverse treatment

  •         damage to reputation, property or financial position

  •         injury or harm including psychological

  •         threats of any of the above

   

  Personal work-related grievances: Generally, these do not qualify for whistleblower protection unless they:

  •         include information about misconduct beyond personal circumstances

  •         involve breach of employment laws punishable by 12+ months imprisonment

  •         relate to detrimental action for making a protected disclosure

  •         represent danger to public safety

   

  Whistleblowing: a whistleblower, also known as a reporter, is a person who provides information and exposes serious wrongdoing within an organisation in the hope of stopping it. Whistleblowing plays a crucial role in managing risk and cultivating an ethical culture and is an effective way of uncovering potential serious wrongdoing including misconduct, fraud and corruption.

   

  IMPLEMENTATION

  Our Service promotes a culture of transparency and will provide safe, confidential channels for disclosures, investigate fairly, and protect disclosers from detrimental action. Our Service encourages anyone who suspects illegal, unethical, corrupt, fraudulent, inappropriate conduct or inappropriate discipline to report those concerns.

Responsibilities of the Approved Provider and the Nominated Supervisor

 Management will ensure:

•         that obligations under the Education and Care Services National Law and National Regulations are met and child’s safety and wellbeing are prioritised at all times

•         educators, staff, students and volunteers have knowledge of and adhere to this policy and are advised on how and where the policy can be accessed

•         families are aware of this Protected Disclosure (Whistleblower) Policy and are advised on how and where the policy can be accessed

•         a safe environment is created where employees and volunteers feel supported reporting any wrongdoing

•         a culture of transparency and integrity is promoted within the Service

•         regular training and awareness sessions about whistleblower protections and processes are provided to all staff, educators and volunteers

•         multiple reporting channels including internal and external options

•         appoint eligible recipients to receive disclosures

•         any whistleblower reports are promptly investigated

•         feedback is provided to whistleblowers on the progress and outcomes of their reports, where appropriate. 

Responsibilities of the Educators

     •         immediately report all incidents, allegations and complaints relating to child safety to the approved provider (see: Child Protection Policy)

• cooperate with investigations into disclosures

•         maintain confidentiality about disclosures and investigations

•         support colleagues who make protected disclosures

•         not engage in or tolerate detrimental action against whistleblowers

•         complete required training on whistleblower protections and procedures.

Responsibilities of the Families

•         be informed of their right to make protected disclosures about serious wrongdoing

•         have access to information about how to make a disclosure

•         be protected if they make a qualifying disclosure

have confidence that disclosures will be taken seriously and investigated appropriately

HOW TO MAKE A DISCLOSURE

Disclosures can be made by current and former employees and educators, volunteers, students, contractors, families, persons with management or control at the Service. Disclosures may be made:

•         in person

•         in writing (letter or email)

•         by telephone

•         anonymously

•         through a legal practitioner

When making a disclosure, the whistleblower should provide:

•         description of the conduct or issue

•         names of persons involved

•         dates, times and locations

•         any witnesses

•         supporting documentation or evidence

•         contact details (unless anonymous)

PROTECTION FOR WHISTLEBLOWERS

Individuals making qualifying disclosures are protected from:

•         civil, criminal or administrative liability

•         contractual remedies or rights being enforced

•         admissibility of disclosed information in proceedings against them

•         detrimental actions or threats

FALSE OR MALICIOUS DISCLOSURES

While protection extends to incorrect disclosures made within reasonable grounds, deliberately false or malicious reports will be treated seriously and may result in:

•         disciplinary action

•         termination of employment

•         legal action

•         referral to authorities

INTERNAL RECIPIENTS OF A DISCLOSURE

Approved provider:          Rodrigo Perez

Nominated supervisor:  Laura Fisher

Designated Whistleblower Protection Officer: Laura Fisher

EXTERNAL RECIPIENTS OF A DISCLOSURE

If a staff member, volunteer or other person would prefer to make an external protected disclosure

outside the Service, they may contact the regulatory authority, Ombudsman or the statutory child protection authority.

RECEIVING AND MANAGING DISCLOSURES

Our Service is committed to ensuring that all protected disclosures are handled appropriately, fairly, and confidentially. The person managing the disclosure will, on behalf of the Service:

•         acknowledge receipt of a disclosure within 5 business days (where the discloser can be contacted)

•         assess whether the disclosure qualifies for protection under relevant legislation

•         determine appropriate investigation procedures while maintain confidentiality

•         take all reasonable steps to protect the discloser from detrimental action

•         ensure procedural fairness for any person mentioned in a disclosure

•         document all disclosures, investigations and outcomes securely and confidentiality

INVESTIGATING DISCLOSURES

The person managing the disclosure will:

•         conduct thorough, fair and impartial investigations into qualifying disclosures

•         determine the nature, scope and appropriate investigator (internal or external)

•         complete investigations as soon as practicable

•         keep the discloser informed of progress where appropriate and lawful

•         take corrective action when wrongdoing is substantiated

•         report to relevant authorities as required- regulatory authority, Police, Office of Children’s Guardian (NSW)

PROTECTING WHISTLEBLOWERS

Following a disclosure, the Service will ensure that the discloser is protected from detriment. The person managing the disclosure will:

•         maintain strict confidentiality of the discloser’s identity (subject to legal exceptions)

•         protect disclosers from victimisation, harassment or detrimental action

•         provide access to support services including Employee Assistance Programs where available

•         monitor and access risks of detriment to disclosers throughout the process

•         take disciplinary action against anyone who takes detrimental action against a whistleblower

CONTINUOUS IMPROVEMENT/REFLECTION

The Protected Disclosures (Whistleblower) Policy will be evaluated and reviewed on an annual basis or earlier if there are changes to legislation, ACECQA guidance or any incident related to our policy. Feedback will be requested from children, families, staff, educators and management and notification of any change to policies will be made to families within 14 days.

Date:

28^th January 2026

Version:

1

Last amended by:

Laura Clarke  

Next Review:

28^th January 2027

Position:

Nominated Supervisor