Queensland has recently updated their registration guidelines and made other changes that affect schools. Here are the key points that schools in Queensland need to know.

Overview of the Update

The Non-State Schools Accreditation Board (NSSAB) has updated its Review Program Guidelines to:

• address the ‘failure to protect’ and ‘failure to report’ offences under sections 229BB and 229BC of the Criminal Code Act 1899 (Qld) (Criminal Code)
• expand the suggested list of sources of information and types of evidence to meet the accreditation criterion “Student Welfare Processes” under section 15 of the Education (Accreditation of Non-State Schools) Regulation 2017 (Qld) (Regulation).

Updates to the Review Program Guidelines

The NSSAB updated and published Version 1.6 of the Non-State Schools Accreditation Board’s Review Program Guidelines (Review Program Guidelines) on 3 February 2022.

New Section “4.2 Application of the new offences of the Criminal Code Act 1899”

Under this new section, the NSSAB clarifies that there is no accreditation requirement for a non-State school’s written processes (that is, the student protection written processes required under section 16 of the Regulation) to deal with the failure to protect or failure to report offences under sections 229BB and 229BC of the Criminal Code.

The NSSAB recommends that governing bodies include in their accreditation review reports confirmation that schools are aware of the failure to protect offence and understand the need to consider known risks of child sexual offences seriously, and if necessary, to take action on an institutional level to reduce or remove the risk. Governing bodies may wish to include confirmation of the provisions in their student protection processes, however, it is not a mandated requirement.

The NSSAB recommendation is reflected in the suggested “Sources of information or types of evidence” for the accreditation criterion “Conduct of staff and students and responses to harm” on pages 19 and 20 of the Review Program Guidelines:

“It is recommended the report and school’s written processes include confirmation that the school is aware of the “failure to protect” under s.229BB and “the failure to report” under s.299BC offences under the Criminal Code Act 1899”.

Expanded List of Sources of Information and Types of Evidence for the “Student Welfare Processes” Accreditation Criterion in Appendix 2

The list of “Sources of information and types of evidence” to meet the “Health and safety” requirements under section 15 of the Regulation (under the heading of “Student Welfare Processes”) has expanded considerably to reflect the range of evidence that schools should already have in place to demonstrate that they meet the requirements of the Work Health and Safety Act 2011 (Qld) and the Working with Children (Risk Management and Screening) Act 2000 (Qld). The suggested evidence now includes (in addition to existing suggested evidence in the previous version of the Review Program Guidelines):

• first aid – the list now refers to training of staff, equipment and facilities in addition to policies and procedures
• work safe procedures and practices such as protective measures, storage and handling of dangerous goods, testing of electrical equipment and fire safety equipment
• evidence of a risk management strategy that includes the eight mandatory requirements of the Child and Youth Risk Management Strategy (as summarised by the NSSAB in the Review Program Guidelines):
  • statement of commitment to the safety and wellbeing of children and protection from harm
  • code of conduct for interacting with children
  • employment policies and procedures for the recruitment, selection and training and management of employees that limits risk to children
  • policies and procedures for handling disclosures or suspicions of harm to children including reporting guidelines
  • managing breaches of compliance of risk management strategy
  • employment of persons who hold a working with children authority for all non-teaching staff and volunteers (unless a parent at child’s school)
  • risk management plans for high risk activities and special events
  • communication and support to help identify risk of harm to children, disclosures or suspicions of harm and other matters in the risk management strategy.

Amendments to Example Evaluation Questions and Statements in Appendix 3

The example evaluation questions and statements in Appendix 3 now also reflect the above additions to the suggested evidence for the criterion Student Welfare Processes (see page 27 of the Review Program Guidelines).

Question 6.1 under “Health and safety” now includes an additional note that states:

“The report should include details on the work health and safety procedures that are implemented at the school. Additionally the report needs to confirm that the school has and implements a risk management strategy consistent with the 8 mandatory requirements outlined in the Working with Children (Risk Management and Screening) Regulation 2020.”

Question 6.8 under “Conduct of staff and students and response to harm” now includes an additional note that states:

“…It is recommended the report and the school’s written processes [include] confirmation that the school is aware of the ‘failure to protect’ under s.229BB and the ‘failure to report’ under s.229BC offences under the Criminal Code Act 1899.”*

*This statement also now appears in the assessment checklist in “Appendix 4 – Template for review of student protection written processes”.

What Do Schools Need to Do?

• Although they are not mandated requirements for accreditation, schools should ensure that:
  • staff are aware of the failure to protect offence and understand the need to consider known risks of child sexual offences seriously, and if necessary, to take action on an institutional level to reduce or remove the risk
  • staff are aware of their reporting obligations, and that failure to report to police a belief that a sexual offence is or has been committed against a child is an offence.
• Governing bodies are recommended to include confirmation that their school is aware of the ‘failure to protect’ and the ‘failure to report’ offences in their student protection written processes.
• Schools approaching their review period should note the additional sources of information and types of evidence suggested by the NSSAB under “Student Welfare Processes”, particularly in relation to first aid - training of staff equipment and facilities, work safe procedures and practices and a Child and Youth Risk Management Strategy.