Professional Learning and Leadership Development Directorate

Section 2: Responsibilities of employees E-learning readings

Child protection awareness training

Contents

INTRODUCTION ....................................................3 What are your child protection responsibilities as an employee .........3 of the Department of Education and Communities? Identifying and reporting risk of harm ..............................4 What is a risk of harm?..........................................4 What does each of these circumstances mean? ......................5 What is your role?...............................................7 How do you decide if you need to report risk of harm to your principal, ..8 workplace manager, TAFE or AMES counsellor? How do you make a report?.......................................8 Reporting allegations about the conduct of employees ................8 DEFINITIONS.......................................................9 Reportable allegation............................................9 Reportable conduct .............................................9 Sexual misconduct can include grooming behaviour................ 10 Ill-treatment ................................................. 10 Assault against a child or young person ........................... 11 Neglect...................................................... 11 Behaviour that causes psychological harm ........................ 12 What is not reportable conduct?................................. 13 How do you notify allegations about the conduct of employees?...... 13 What are some barriers to child focused practice in relation ......... 14 to responding to possible risk of harm? A child-focused response to disclosure............................ 16 Acting on suspicion............................................ 17 Remember your role........................................... 17

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

INTRODUCTION
These reading notes will explain the NSW Department of Education and Communities requirements of you as an employee. The main themes are designed to inform you how: to report concerns about any risk of harm to a child or young person to your principal, workplace manager, TAFE or AMES counsellor to pass on your concerns or allegations about possible misconduct of other employees reports are made to Community Services to get support and advice to help you in this role. You will also learn about how your work as an employee of the Department helps provide a safe environment for children and young people, and your responsibilities in your conduct with children. What are your child protection responsibilities as an employee of the Department of Education and Communities? Your responsibilities are set out in the Departments child protection policies and in the Code of Conduct. Protecting and Supporting Children and Young People: Revised Procedures 2010 sets out the responsibilities of all employees to report concerns about risk of harm to children or young people to their principal, workplace manager, TAFE or AMES counsellor. Responding to Allegations against Employees in the Area of Child Protection 2010 sets out the requirements of all employees to notify (usually through the workplace manager/school principal/TAFE executive officer) the Employee Performance and Conduct Directorate (EPAC) of allegations or concerns about the conduct of employees as it relates to their conduct with children or young people and the system in place for fair and thorough responses to these allegations. The Code of Conduct sets out the expectations for all employees regarding their professional conduct including their conduct at all times towards children and young people. It makes it clear that employees must report possible risk of harm to children or young people to their principal, workplace manager, TAFE or AMES counsellor who will determine whether a report to Community Services is required.

INTRODUCTION

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

Identifying and reporting risk of harm As an employee working with children and young people, you are in a position to observe their safety, welfare or wellbeing. This is why the legislation requires a report to be made to Community Services if there are reasonable grounds to suspect that a child or young person is at risk of significant harm. Because you are in a position of trust, a child or young person may also choose to disclose to you that they are being mistreated. Keep in mind that siblings, especially babies or young children, may also be at risk and need to be reported. You must inform your principal, workplace manager, TAFE or AMES counsellor when you have reasonable grounds to suspect any risk of harm to a child or young person. Principals, workplace managers, TAFE or AMES counsellors will report to Community Services when there are concerns about the safety, welfare or wellbeing of children and young people that constitutes suspected risk of significant harm. NSW child protection legislation defines the term risk of significant harm. What is a risk of harm? The circumstances of risk of harm relate to the responsibilities of a parent or carer and indicate: the childs or young persons 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 necessary medical care the child or young person is at risk of educational neglect 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 a parent has behaved in such a way before the birth of a child that the child may be at risk of significant harm after his or her birth the child or young person is at risk of cumulative harm.

INTRODUCTION

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

What does each of these circumstances mean? 1.Basic physical or psychological needs are not being met Neglect of basic physical needs occurs when a parent of caregiver fails to provide the basic staples of life to an adequate degree. These include food, physical support and hygiene. It also includes lack of appropriate and adequate adult supervision. Neglect of basic physical needs may be the child or young person not receiving sufficient or appropriate interaction, encouragement, nurturing or stimulation from their parent or caregivers. Neglect also refers to the persistent ignoring of a childs signals of distress, pleas for help, attention, comfort, reassurance, encouragement and acceptance. In young people, this may include disinterest in all aspects of a young persons life by the parents or caregivers. 2. Failure to arrange for necessary medical care For very young children, the risk of harm in not receiving medical care may be quite high. There are some conditions for which parents may not seek medical care, but do not pose a risk of harm to the child. Other conditions such as burns may be quite critical and, depending on severity, require medical attention. It is helpful to consider the notion of necessary when concerns about medical care arise. 3. Educational neglect In the case of a child or young person who is legally required to attend school, educational neglect occurs when 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. 4. Physical or sexual abuse or ill-treatment Physical abuse or ill-treatment is non-accidental injury which causes harm to a child or young person by a parent, caregiver or another person responsible for the child or young person. It includes excessive discipline, severe beating or shaking, bruising, lacerations or welts, burns, fractures or dislocation, female genital mutilation, attempted suffocation or strangulation and unexpected death of a child. Sexual abuse or ill-treatment is any sexual act or threat imposed on a child or young person. Adults, adolescents, or older children, who sexually abuse children or young people, exploit their dependency and immaturity. Coercion, which may be physical or psychological, is intrinsic to sexual abuse and differentiates it from consensual peer sexual activity, which may not constitute sexual abuse.

INTRODUCTION

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

5. Domestic violence in the household and, as a consequence, there is risk of serious physical or psychological harm Research evidence has shown that exposure to a prolonged situation of domestic violence can have a major impact. Domestic violence is violence, abuse and intimidatory behaviour perpetrated by one person against another in a personal, intimate relationship. It is partnership violence that includes violence perpetrated when couples are separated or divorced. 6. A parent or other carer has behaved in such a way that the child or young person has suffered, or is at risk of suffering, serious psychological harm Serious psychological harm is where behaviour by a parent or caregiver damages the confidence and self-esteem of a child or young person resulting in serious emotional deprivation or trauma. Psychological abuse involves serious impairment of a childs or young persons social, emotional, cognitive, intellectual development and/or disturbance of a childs or young persons behaviour. Children or young people may be at risk of harm when parenting practices are characterised by high criticism coupled with low warmth, domination or excessive or inconsistent discipline. Examples include: the child or young person is the butt of degrading or derisive statements or ongoing scapegoating ongoing social isolation inconsistent, inappropriate and unrealistic expectations inappropriate behaviour that is targeted, sustained and repetitive.

INTRODUCTION

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

7. A person who has reasonable grounds to suspect, before the birth of a child, that the child may be at risk of significant harm after his or her birth may make a report to Community Services The intentions of this section are: to allow assistance and support to be provided to the expectant mother to reduce the likelihood that her child, when born, will need to be placed in out-of-home care to provide early information that a child who is not yet born may be at risk of significant harm subsequent to his or her birth. Examples include: parents with severe mental health issues parents with severe drug and alcohol addiction. 8. Cumulative harm Abusive and negative behaviour can occur as isolated incidents which in and of themselves may not have a high impact on children and young people. However, cumulative harm acknowledges that when these behaviours form a pattern that is repeated over time, the cumulative effect on a child or young person can be very detrimental. What is your role? Your role is to: be aware of the indicators of abuse and neglect report your concerns about risk of harm to your principal or workplace manager fulfil your duty of care to children and young people, within your role provide support to children and young people, as appropriate to your role plan for a safe environment in all relevant activities participate in relevant child protection professional learning.

INTRODUCTION

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

How do you decide if you need to report risk of harm to your principal, workplace manager, TAFE or AMES counsellor? Keep the following points in mind: you must have current concerns for the safety, welfare and wellbeing of a child or young person the circumstances of risk of harm must be present while the Act does not make it mandatory for you to report suspected risk of significant harm to young people (age 16 and 17) to Community Services, the Department requires all staff to report to their principal, workplace manager, TAFE or AMES counsellor who will determine if a report needs to be made to Community Services. How do you make a report? If you have reasonable grounds to suspect risk of harm to a child or young person tell your principal, workplace manager, TAFE or AMES counsellor. It is the role of the principal, workplace manager, TAFE or AMES counsellor to make a formal report to Community Services if they believe there is suspected risk of significant harm. You will be required to provide them with all the relevant information to assist in that process. If you are unsure about your grounds for concern, discuss this confidentially with your supervisor, the principal, workplace manager, TAFE or AMES counsellor or the Child Protection Helpline. Reporting allegations about the conduct of employees All employees must advise their principal, TAFE executive officer or workplace manager of any allegations or concerns involving an employees conduct towards children or young people of which they become aware. These are called reportable allegations. Where there are concerns that the alleged conduct of the employee gives grounds to suspect significant risk of harm a report must also be made to Community Services. The principal, TAFE executive officer or workplace manager will make this report.

INTRODUCTION

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

DEFINITIONS
Reportable allegation A reportable allegation is any complaint or accusation made about an employees conduct that may involve reportable conduct. A reportable allegation must be reported to the NSW Ombudsman by the Employee Performance and Conduct Directorate (the employer) and may result in an employees name being forwarded to the Commission for Children and Young People following a completed employment proceeding. Reportable conduct Under the NSW Ombudsman Act 1974 reportable conduct means: any sexual offence, or sexual misconduct, committed against, with or in the presence of a child (including a child pornography offence) any assault, ill-treatment or neglect of a child any behaviour that causes psychological harm to a child, whether or not, in any case, with the consent of the child. Examples of the types of conduct that may constitute reportable conduct include: Sexual offence Sexual offence includes sexual assault, the involvement of children in sexual acts or acts of indecency and any sexual threat imposed on a child. Sexual assault refers to sexual intercourse by a person with a child. Sexual misconduct Sexual misconduct describes a range of behaviours or a pattern of behaviour aimed at the involvement of children in sexual acts. Some of these behaviours include: any sexual relationship with a child inappropriate conversations of a sexual nature comments that express a desire to act in a sexual manner with individual children or young people unwarranted and inappropriate touching of a child, or in the presence of a child sexual exhibitionism in the presence of a child personal correspondence (including electronic communication) with a child or young person in respect of the adults sexual feelings for a child or young person deliberate exposure of children and young people to sexual behaviour of others including display of pornography possession of child pornography patterns of behaviour aimed at engaging or grooming a child as a precursor to sexual abuse.

DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

Sexual misconduct can include grooming behaviour This means patterns of behaviour aimed at engaging or grooming a child as a precursor to sexual abuse. It is a separate offence from the actual sexual abuse. The grooming process can include: persuading a child that they have a special relationship, e.g. by spending inappropriate special time with the child, inappropriately giving gifts, showing special favours to them but not other children, allowing the child to overstep rules testing of boundaries, e.g. by undressing in front of the child, encouraging inappropriate physical contact (that is not overtly sexual), talking about sex, accidental touching of genitals extending a relationship outside the employment situation. This should not be assumed to constitute grooming where an existing relationship predates the employment or where the extended relationship arises through a reasonable level of social engagement in the relevant community (e.g. sports coaching, family level social contact within a small community) inappropriate personal correspondence, including electronic communication, that explores sexual feelings or intimate personal feelings. These behaviours are not always reportable conduct where they occur in isolation. However, a repeating pattern of behaviour, or several of these behaviours together, could indicate that the conduct is grooming and is reportable conduct. Strategies such as mentoring, coaching or tutoring programs in schools often target students for the individual attention of a supportive, caring and compassionate nature from employees such as teachers. Appropriate conduct within these programs that is consistent with departmental and school policies should not be confused with grooming behaviour. Ill-treatment Ill-treatment of a child or young person may occur when a person who has a legitimate authority to chastise or discipline a child or young person, such as when a teacher disciplines or corrects a child or young person in a manner that is not in accordance with departmental or the schools welfare and discipline policies. Ill-treatment of a child occurs where correction or discipline administered is extreme and excessive for the situation.

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

Allegations of ill-treatment are not restricted to punishments involving physical contact, such as hitting. Any punishment administered by a person in authority that restricts a child or young persons freedom or requires additional physical or mental activity by a child amounts to ill-treatment if it is excessive or otherwise inappropriate. Discipline that breaches community standards, or that may affect the long-term wellbeing of the child or young person, is likely to be classified as ill-treatment. Supplying prohibited drugs to a child or young person is another example of illtreatment. Assault against a child or young person Physical assault is only reportable where it includes all of the following elements: it is an act committed on or towards a child or young person; and it involves either the application of force to a child or young person, or an act that causes a child or young person to think that immediate force will be used on them; and it is either hostile or reckless (a reckless act is one where a person would reasonably foresee the likelihood of inflicting injury or fear and ignores the risk); and a child or young person fears that he or she will be harmed as a result of the act, though the harm does not need to actually happen. Not all application of force is the source of real or feared harm, particularly where the force is gentle. Physical contact which is part of a work relationship is not automatically assault even if there is anger involved. For employers overseen by the Ombudsman under Part 3A of the Ombudsman Act 1974, physical assault does not include behaviour that is reasonable for discipline, management or care of children or young persons, or the use of physical force that is trivial or negligible. Neglect Neglect occurs when a child or young person is harmed by the failure to provide basic physical and emotional necessities of life: e.g. food, supervision, nursing, clothing, medical attention or lodging. Generally, neglect offences are linked to a person responsible for the care of a child or young person, such as a parent or foster carer.

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

Neglect can be ongoing or a single significant incident. However, neglect typically develops as a pattern of behaviour that harms a child or young person over a period of time. For example, failing to take a child or young person to a doctor on one occasion would not be neglect, but systematically refusing to provide medical attention for a child or young person would be neglect. Accidentally leaving a child locked in a childcare centre for a short time is not neglect, though it may be a breach of professional conduct. When considering whether a child or young person is being, or has been, neglected, it may be useful to focus on the effect on the child or young person. Incidents that do not suggest any impact on the long-term physical, emotional or intellectual wellbeing of the child or young person are unlikely to constitute neglect. Behaviour that causes psychological harm Psychologically harmful behaviour is behaviour that causes demonstrated harm to a child or young person. There are three elements in a finding of behaviour that causes psychological harm. There must be: inappropriate behaviour by the offender; significant emotional harm or trauma to a child or young person; and a causal link between the behaviour and the harm. Psychological harm is typically characterised by a consistent or repetitive pattern of behaviour by the employee. Isolated or minor incidents generally do not result in significant psychological harm or trauma. Examples of behaviour that causes psychological harm may include extended and ongoing actions that degrade or belittle a child or young person, extended denial of opportunities to participate and develop, or extended restriction of freedom to move. Examples of the types of conduct that may constitute reportable conduct are provided in both Responding to Allegations against Employees in the Area of Child Protection and the Code of Conduct, and it is important that you understand the range of behaviours covered by the definition of reportable conduct in the legislation.

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

What is not reportable conduct? Reportable conduct does not extend to conduct that is reasonable for the purposes of the discipline, management or care of children or young persons, having regard to their age, maturity, health or other characteristics and to any relevant codes of conduct or professional standards. Examples of conduct that would not constitute reportable conduct include touching a child or young person in order to attract their attention, to guide a child or young person or to comfort a distressed child or young person, a teacher raising their voice in order to attract attention or to restore order in the classroom, and conduct that is established to be accidental. How do you notify allegations about the conduct of employees? You convey the allegations or concerns to the school principal. If you are working in a TAFE institute, you should convey your concerns to the executive officer (who is usually the campus manager) and in other establishments the workplace manager in charge of that establishment. It is the role of the principal, TAFE executive officer or workplace manager to notify the Employee Performance and Conduct Directorate (EPAC) of all allegations of a child protection nature involving an employee, a child or young person or any Department school student even if over 18. A decision also has to be made if a report to Community Services is required, that is, if the alleged actions or failure to act by the employee gives reasonable grounds to suspect that the child or young person is at risk of significant harm. Employee Performance and Conduct determines the appropriate response required for all notifications of allegations of a child protection nature against employees and if required, reports to the Ombudsman and the Commissioner for Children and Young People on behalf of the Department. If a report to Community Services, a Joint Investigation Response Team (JIRT) or police is made Employee Performance and Conduct will liaise with these agencies when responding to the notification. The response by Employee Performance and Conduct will either be Enquiry (no further action by Employee Performance and Conduct required and the workplace manager will resolve the concern or complaint), Local Management (the workplace

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

manager collects information and reports the outcome to Employee Performance and Conduct) or Investigation (an Employee Performance and Conduct Investigator will conduct a fact finding investigation). If the response is either a local management or investigation the employee is informed of the complaint or allegation and has an opportunity to give their account and is also informed of what support is available. If you want more information about the procedures for dealing with allegations, refer to section 7 Responding to Allegations against Employees in the Area of Child Protection 2000. What are some barriers to child focused practice in relation to responding to possible risk of harm? (i) Minimising the seriousness of child abuse Children and young people rarely tell an adult that they have been, or are being abused in a direct way. They are more likely to give hints or little pieces of information to see what the reaction is. Depending on the reaction, they will either remain silent or disclose. Many children and young people do not disclose and/or do not get protection from adults in their lives. This often happens if adults do not focus on the child or young person and discount the evidence they see. Instead, priority is given to the needs and accounts of adults over those of children and young people. People respond to abuse of children and young people in different ways. This response often reflects commonly held beliefs or myths or their own personal experiences. Such beliefs and experiences may lead some people to denying the existence of harm or risk of harm, particularly in their circle of family, friends, neighbours and colleagues. Others may recognise that the abuse of children and young people is a problem in society, but feel helpless to do anything about it, feeling any intervention should be left to experts, or that intervention does more harm than good. These attitudes may be related to: age lifestyles gender family roles class parental responsibilities religion punishment and discipline culture privacy.

Some community attitudes may also minimise the seriousness of maltreatment of children and young people.

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

(ii) Discounting the seriousness of child abuse Some statements are typically used as a means to discount the seriousness of actual or potential harm to children and young people. Adults and workers often use these statements to give themselves permission not to get involved in protecting a child or young person. See the following table for examples.
Statements which discount the seriousness of child abuse Rationalisation of personal experiences of abuse Definition of abuse Workers distress leads to denial Parent focus This happened to me too, but it didnt do me any harm. I really deserved it at the time. Ive done something like this too. Does this make me an abuser? This situation is not very good but it isnt actually abuse. This is too horrible to think about.

S/he really loves them, but is under so much stress. Parents are entitled to discipline as they see fit. Its not Culture up to me to judge. Attitudes to children and This is just a very naughty, provocative child. young people Adolescents are always difficult and need strict discipline. Its not that bad shell have forgotten all about it by Trivialising the effects on the dinner time. child or young person Its normal for children to go through this. Racism and stereotyping All Kooris/Greeks do this. Its normal for them. But this is a respectable family. Class stereotypes This is what you can expect from disadvantaged families. Workers inexperience, lack I know its pretty terrible, but what can I do about it? of information and support Workload stress If I define this one as abuse then Ill open a Pandoras box. This isnt my business. Professional distance Im not trained to deal with this. Needs of the system taking precedence over needs of This child is already creating too many problems. the child or young person The damage is already done, and intervention will Defeatism distress the family and may make it even worse.

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

(iii) Fears about responding to disclosure Some people may be concerned about a child or young person at risk of harm but may have fears about suspected cases of child abuse being reported to Community Services. These fears may be based on: media reports they have heard about or read in newspapers, where it appeared that the child or young person was not protected after a report to Community Services fears that they may be wrong fears that the family may be broken up fears that reporting will damage the relationship between them and the family fears that the child or young person may be removed from his or her home fears that they may have to go to court fears for their own safety fears that the situation may get worse, and a general mistrust of welfare agencies.

Remember It is important to remember that child abuse is a crime and that adults have a responsibility to protect children and young people. A child-focused response to disclosure If a child or young person discloses directly to you that he or she is being abused, it is important: to listen to the child or young person and acknowledge that it is hard to talk about what is happening to him or her to be aware of the child or young persons cultural and linguistic background and how this might impact on disclosure to be aware of your own emotions in relation to what the child or young person is telling you, and keep those emotions under control to be prepared to listen and support a child or young person when he or she tells you about an event or behaviours that indicate risk of harm not to draw conclusions, engage others in discussion, ask probing questions, accuse parents/carers or discuss the circumstances of the disclosure with parents or carers to use a calm reassuring tone and talk at the child or young persons level to tell the child or young person you believe him or her not to make promises you cannot keep especially that you wont tell anyone

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

 to offer support to the child or young person to avoid expressing doubt, judgment or shock to trust your judgment and translate your concern into action think of the child or young person. There are some important messages that you need to give the child or young person at the time of disclosure. They are: that it is not his or her fault it is never the child or young persons fault that it was right to tell I am glad you told me that other children have been in this situation he or she is not alone that it is not acceptable for adults to harm children or young people no matter what.

It is also important to tell the child or young person that you will need to talk to other people whose job it is to help children and young people to be safe. (Source: NSW Child Protection Council 1998 in Cameron and West, 2001.) Acting on suspicion If you suspect abuse, but the child or young person has not disclosed to anyone, you need to be aware that the child or young person may be experiencing emotional distress. You need to approach the child or young person in a caring and sensitive way and assure him or her that you are willing to listen and to help if there is a problem. Responding to your belief that harm to a child or young person has occurred, or that there is a risk of harm, can be the first important step in stopping the harm and preventing further harm from occurring. Remember your role It is essential that you are aware of the following: it is not your role to investigate or prove that an injury is non-accidental, probe for details, contact parents or carers, take the child or young person home or arrange medical examinations it is not your role to seek corroboration of the child or young persons story

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate

 it is not appropriate to question a child or young person about the details of the abuse. Community Services will determine what investigation is required. It is vital to minimise the need for the child or young person to retell the details. Also, legal proceedings may be jeopardised if you ask investigative questions you do not discuss your feelings about the abuse or the perpetrator in front of the child or young person you do not make promises to the child or young person that you cannot keep, for example you will be safe now or this will never happen again it is not appropriate to indiscriminately discuss the circumstances of the child or young person To minimise the effects of abuse, a child or young person needs: the abuse to stop a specific help line: people who are available in a practical way people who understand his or her behaviour people who respect his or her rights and will attend to his or her needs help to see that he or she is not to blame opportunities to safely express his or her feelings and make sense of things optimism about his or her future consistency between service providers. Remember All employees are entitled to support and advice from their supervisor in fulfilling their responsibilities in the area of child protection in an ethical and confidential manner. Do not hesitate to ask for any assistance that you require.

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DEFINITIONS

2011 New South Wales Department of Education and Communities Produced by the Professional Learning and Leadership Development Directorate