From 1 January 2016 organisations in Victoria including schools which provide services to children will have to comply with new minimum standards that aim to ensure the safety of children.

The changes reflect the recommendations of the Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations (the Betrayal of Trust Inquiry), conducted by the Victorian Parliament. The Betrayal of Trust Inquiry found that there were limitations in the capacity of organisations to prevent and respond to child abuse, and so advised the Victorian Government (Government) to introduce minimum standards for a child-safe environment. These changes reflect measures taken by other jurisdictions such as South Australia which already has a child safe environment regime in place.

The Bill

The changes are being introduced by the Child Wellbeing and Safety Amendment Bill 2015 (the Bill).

Notable amendments include:

• a new definition of child abuse;
• provision for the creation of Child Safe Standards;
• principles of cultural safety for children; and
• a compliance timetable for organisations.

(Another) new definition of child abuse

The new definition of child abuse will be inserted into the Education and Training Reform Act 2006 (Vic) (the Education Act) which governs the registration and operation of non-government schools.

Currently there is no definition of child abuse in the Education Act although the Education and Training Reform Amendment (Child Safe Schools) Act (Child Safe Schools Act), passed earlier this year, did introduce a definition which is yet to come into operation. Under the Child Safe Schools Act, child abuse is defined as:

• any act committed against a person under 18 involving a sexual offence or a grooming offence; and
• physical violence, serious emotional or psychological harm or exploitation (not including reasonable discipline, management or care); and
• the serious neglect of a person under 18.

See our earlier article on other changes introduced by that amendment.

The new definition proposed by the Bill is slightly different. Child abuse is now defined as:

• any act committed against a child involving a sexual offence or a grooming offence; and
• the infliction on a child of physical violence, serious emotional or psychological harm; and
• the serious neglect of a child.

The previous reference to ‘exploitation’ has been removed. A ‘child’ is a person under 18 so the introduction of this word is just a refinement of the original definition.

The Bill’s Explanatory Memorandum suggests that the new definition of child abuse will replace the previous one proposed by the Child Safe Schools Act however how this amendment will occur is unclear.

What conduct will be captured by the child abuse definition?

The Bill’s Explanatory Memorandum provides examples of the type of acts that the new definition will capture. These include:

• serious bullying, stalking or harassment;
• intimidation;
• excessive and unreasonable punishment;
• confinement;
• voyeurism;
• encouraging a child to engage in inappropriate or risky behaviour; or
• failure to meet the child’s basic needs for food, shelter, hygiene, medical care or adequate supervision.

Child Safe Standards

The standards are yet to be introduced however the Bill states that they should:

• promote child safety;
• prevent child abuse; and
• ensure the proper response to allegations of child abuse.

It is compulsory to comply with these standards, once introduced, which aim to drive a cultural change in the affected organisations so that child protection is an essential part of their practice.

The Victorian Department of Human Services (the Department) provides more detailed information about the proposed standards. The Department’s websitestates that in complying with the child safe standards a school must include the following principles as part of each standard:

• promoting the cultural safety of Aboriginal children;
• promoting the cultural safety of children from culturally and/or linguistically diverse backgrounds; and
• promoting the safety of children with a disability.

The Department has also published some proposed standards. Those standards include requirements to have:

• strategies to embed an organisational culture of child safety including through effective leadership arrangements;
• a child safe policy or a statement of commitment to child safety;
• a code of conduct that establishes clear expectations for appropriate behaviour with children;
• screening, supervision, training and other human resources practices that reduce or remove risks of child abuse by new or existing personnel;
• processes for responding to and reporting suspected child abuse;
• strategies to identify and reduce or remove risks of child abuse; and
• strategies to promote the participation and empowerment of children.

Those standards are the same as the Child Safe Standards published on the Department of Education and Training’s website which, in theory, only apply to government schools.

It is unclear if the final Child Safe Standards to be introduced in accordance with the Bill’s new provisions will be the same as the standards currently published on either of the two government department websites however given their similarity they should act as a guide for non-government schools about what to expect.

Cultural safety of children

The idea of ‘cultural safety’ is a new concept in child protection legislation, and its achievement will involve the recognition and accommodation of cultural diversity within schools. This change is particularly pertinent given the recent controversy surrounding a Victorian primary school’s decision to excuse Shiite pupils from assembly while the national anthem was playing. This occurred during Muharram, a holy month of mourning in which Shiite Muslims do not participate in joyful activities such as singing or listening to music.

The Age reported that the decision outraged a grandmother who was present at the assembly, but that the Principal of the school and the Department of Education and Training both supported the decision to respect the religious observances of the students. The school was praised by Islamic Council of Victoria secretary Kuranda Seyit, who stated that it demonstrated respect towards the students by accommodating their religious needs.

The Department of Education and Training’s statements in support of the school are consistent with the new principle of ‘cultural safety’ for students from diverse backgrounds. This principle should be considered in the implementation of all standards within schools.

Compliance timetable

The Bill distinguishes between Category 1 and Category 2 organisations that provide services to children. Category 1 organisations will have to comply with the new requirements by 1 January 2016, and they include:

• registered schools (government and non-government); and
• approved education and care services.

Category 2 organisations have an additional year to comply with the changes, with a commencement date of 1 January 2017. These organisations include:

• religious bodies, including churches;
• residential facilities of boarding schools;
• cultural, sport or recreation services for children; and
• overnight camps for children.

What does this mean for Victorian schools?

Most non-government schools should already have existing policies and procedures which aim to keep children safe. The child safe standards are intended to build on these measures to improve child safety and so schools should take steps now to review their policies and procedures to determine if future changes will be required.

Schools should use the proposed standards available on the Department’s website as a guide to what future requirements may apply to them.  The standards on the Department’s website are kept relatively broad to give schools the flexibility to tailor the implementation to their needs and values.

However, by enshrining the Child Safe Standards in legislation, the State Government has demonstrated the importance it places on child safe environments.