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WA Registration Guidelines Update: Policies and Procedures are Not Enough

14/09/16
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On 2 September 2016 the Department of Education Services Non-Government Schools in Western Australia (DES) published the updated Guide to the Registration Standards and Other Requirements for Non-Government Schools (the Guide). The requirements of the Guide will have effect from 1 January 2017, meaning that all non-government schools, not just those due for renewal of registration next year, need to be compliant with requirements of the Guide. It should also be noted that 'the registration standards are also applicable to Catholic system schools'.

The Guide has increased in length (it is now 80 pages) and includes information on how to comply with the revised standards for non-government schools which take effect from 1 January 2017.  Our previous article discussed the revised Standards: New WA registration standards released: New child protection standard.

This article discusses the key differences between the 2016 Guide and the updated Guide and the key governance themes of which schools should be aware.

Restructured document

When we attempted to compile a page-turn document to compare the changes between the 2016 Guide and the updated version, as we have done in the past, we soon realised that this task was futile.  This is because the structure of the Guide is significantly different from its predecessor.  As discussed in our previous article, there are now 14 standards, not 11, and the addition of the three new standards has influenced the structure and length of the Guide.  The new standards are:

  • Standard 2: Staff to Student Ratios at Schools;
  • Standard 6: Facilities (previously Facilities was combined with the Standard addressing Premises, now Premises is Standard 5 on its own); and
  • Standard 12: Child Abuse Prevention.

In addition, DES has created new Chapters in the Guide to address key governance topics which were previously included in the Explanatory Notes sections of the 2016 Guide. For example:

  • Chapter 1: Ownership, management or control by the governing body;
  • Chapter 2: Governing body's constitution;
  • Chapter 3: Fit and Proper Membership.

The general content of these Chapters was previously addressed in the 2016 Guide's Chapter on Governance & Accountability.

A useful change in the Guide is the separation of the Standards into their own Chapter in the Guide; Chapter 4: Observance of the registration standards.  Previously, the Standards prescribed by section 159 of the School Education Act 1999 (the Act) were not distinguished in the 2016 Guide but were instead combined with other requirements under section 160 of the Act. This was somewhat confusing as the combined requirements were organised into 12 Chapters when there were only 11 Standards under the Act.  Although the Guide still has 12 Chapters, the information directly relating to the 14 Standards is included under Chapter 4 while the requirements set out in section 160 of the Act are now explained in the other Chapters.

Policies and procedures are no longer enough

A key trend which has emerged from our review of the Guide is DES' focus on schools actively implementing the policies and procedures they are required to develop as evidence of compliance with the Standards and other obligations under the Act.

This is especially the case in relation to the new Standard 12: Child Abuse Prevention, as the Guide states that "It will not be sufficient to demonstrate compliance through a suite of policies, procedures, practices and strategy documents alone. Various evidence or records showing active implementation and review will be required to satisfy the Director General."  The emphasised wording requires schools to be proactive in implementing the policies and procedures they must introduce to meet the requirements of Standard 12.  Compliance with Standard 12 is required by 1 January 2017 and the Guide states that schools are expected to be "fully compliant" by that date, meaning that all schools must take steps now to ensure that they can:

  • develop the child protection policies and procedures;
  • implement those policies and procedures; and
  • introduce processes for review of those policies and procedures.

Furthermore, the Guide states that "all staff must be trained in the revised Staff Code of Conduct by the beginning of the 2017 school year." So schools should add creating a training program and conducting training to the 'to do list' by the end of 2016.

Training is also required under Chapter 8: Levels of Care: "the school’s governing body is expected to undertake comprehensive risk audits in relation to child safety. Training must address and assess understanding of mandatory reporting legislation, how to recognise and respond to child sexual abuse and how to make a mandatory report."

DES requires evidence of effective implementation for other Standards, such as for Standard 4: Staff.  The Guide states that "evidence of effective and consistent implementation of staff induction, performance management and professional learning policies and procedures will be required to satisfy the Director General about the standard of education and levels of care provided."

Schools can no longer rely on just having policies and procedures to meet their registration requirements, they must now take steps to ensure they are implemented.

Boarding Standard

An interesting addition to the Guide is the requirement that schools with boarding facilities develop policies and procedures which are benchmarked against "contemporary best practice" such as AS 5725: Boarding standard for Australian schools and hostels (AS 5725 or Standard).  Compliance with AS 5725 is not prescribed by Standard 10: Boarding, but the reference to this best practice guidance is instead a requirement set by DES.  We have previously written about the new AS 5725, see our previous article: National boarding standards released.  Schools with boarding facilities should acquaint themselves with the comprehensive requirements set out in AS 5725 in order to meet the best practice compliance standard set by DES.

Next steps for schools

The Guide sets a new level of compliance for Western Australian non-government schools.  In addition to including new requirements for child protection (Standard 12), there are multiple other areas of governance which schools must ensure they have addressed with appropriate policies, procedures, implementation and training before registration renewal.  Chapter 8: Levels of Care in the Guide talks about creating a "positive school culture" in relation to student wellbeing. This culture is essential not only to protect students but also to ensure a culture of awareness exists within the school. Awareness involves not only being aware of and adhering to child protection requirements but also to all other legal and regulatory obligations prescribed by the Act and the Guide. Such a culture will facilitate compliance with policies and procedures required by the Guide. It is the responsibility of a school's governing body to lead from the top to ensure such a culture exists which means that steps must be taken now.

How can CompliSpace help?

The combination of the new Standard 12: Child Abuse Prevention and the updated Guide introduces significant changes to child protection and other obligations for non-government schools in Western Australia.  In response to these changes, CompliSpace is developing a detailed Child Protection Program that systematically addresses each of the requirements in the new Standard 12 as well as related child protection legislation and guidance requirements. The Program is designed to be tailored to the particular circumstances of each school and includes a detailed on- line child protection training course that will further support a culture of awareness within the school.

Over the coming weeks and months we will be releasing further details of our new Child Protection Program and working with existing clients to obtain feedback through which we can refine our approach as schools work towards the 1 January 2017 deadline. We will also be providing regular updates with respect to regulatory developments through www.schoolgovernance.net.au as well as through the publication of whitepapers, webinars and face to face presentations and workshops throughout Western Australia.

 
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About the Author

Xenia Hammon

Xenia is currently a senior content consultant at Ideagen. She also practised as a commercial lawyer, both in private practice at a large, national law firm and in-house at an ASX-listed company.

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