Version 1.0 February 2022

Intended Use

This Policy document is intended to be provided and made available to staff including employees, contractors, and volunteers during their paid employment or voluntary engagement with Local Community Ventures Ltd), hereafter referred to as ‘the Charity’ to ensure a clear understanding of their duties and obligations under the key items of child protection legislation in NSW. This Policy outlines the key concepts, definitions, and responsibilities under the relevant legislation regarding mandatory reporting, reportable conduct, and risk management.

Through its partnership with C3 Church, Local Community Ventures has access to and organisation called Safe Ministry Resources. This means that at any staff member, volunteer, attendee or client can contact the Safe Ministry Hotline on 1800 070 511 if you have any question at all related to Child Safety. The hotline is open 9am-5pm Monday to Friday.

Child Protection Policy General Information

1 Preamble

1.1 LCV is committed to working towards the Ten National Principles for Child Safe Organisations that were recommended following the Royal Commission into institutional abuse.

1.2 The safety, protection and well-being of all children is of fundamental importance to the charity.

1.3 The purpose of this Policy is to summarise the moral and legal obligations (imposed by child protection legislation in NSW) on the charity and to provide guidelines as to how the Charity will deal with certain matters.

1.4 Both you and the Charity have a range of different obligations relating to the safety, protection and welfare of children including:

a duty of care to ensure that reasonable steps are taken to prevent harm to children
obligations under child protection legislation; and
obligations under work health and safety legislation

1.5 The obligations outlined in this Policy relate to all employees, contractors and volunteers of the Charity.

1.6 The Charity is committed to sound implementation of this Child Protection Policy. This policy must be read, signed, and implemented by every employed staff member, contractor and volunteer involved in programs involving children.

1.7 This Child Protection Policy is a clear statement that the church has zero tolerance regarding acts of child abuse or behaviours or actions that put children at risk of harm. Any breach of this Child Protection Policy may result in disciplinary procedures, restriction of duties (paid or voluntary), or termination of employment or role in ministry, and may result in criminal penalties under state and federal law.

2 Key Definitions

For the purpose of this policy:

Charity: refers to Local Community Ventures its related services, endorsed extension services, small groups, youth programs and community outreach programs.
Program:is any activity authorised by the Charity including campus services, endorsed extension services, connect groups, youth programs, and community outreach programs.
Child: is any person between the age of 0-15 years.
Young person is any person 16 and 17 years.
Manager:is any persons appointed to the role of Manager of Local Community Ventures by the Board.
Coordinator: is any persons appointed to the role of Coordinator by the Manger and/or Board.
Program Leader: is an appointed leader of a program by the Manager.
Board of Directors: is a group of community members appointed by the CEO who address all company related business.
Chief Executive Officer: (CEO) is the head of the Board of Directors.
Risk Management Officer: is an overseer of managing risk that is appointed by the Board.
Childsafe Child Protection Training: refers to training courses provided through Childsafe Limited [1] and implemented by the Charity. This training is identified as best practice within organisations such as ours.
Childsafe Child Protection Management System: is an online database provided by Childsafe Limited for the secure storage of management information relating to training, reporting and administration relating to persons working in child related ministries in the Church.
Head of Agency: is the CEO of the Charity Board of Directors.
Child Related Worker or Employee:is any paid employee, contractor, volunteer, work experience participant, or intern who engages in child related ministry with the Charity.
Working with Children Check (WWCC):is an endorsement from the NSW Government that a person is clear to work with minors.
Approved Adult Supervisor: is an adult who has been assessed and approved by the Charity to work with children in a supervisory capacity.

For definitions related to specific sections of this Policy, refer to the corresponding Appendices.

3 Other policies

Please note that there are other Charity policies that relate to child protection which you need to be aware of and understand including (but not limited to):

Codes of Conduct: which set out information about the standards of behaviour expected by all employees, contractors and volunteers of the Charity.
Media Policy: which outlines the procedures that should be followed when engaging with all forms of media.

4 Commitment to Child Protection

The Charity is committed to;

4.1 An equipped culture: Any person participating in child related area will be required to undergo Childsafe Child Protection Training prior to commencing their role. Persons participating in a child related ministry may also be required to participate in ongoing Childsafe Child Protection Training for the purpose of review, and so that they remain informed of changes in policy and legislation.

4.2 An informed culture: Any person participating in child related ministry will be provided by the Charity with training and information that is in line with current legislation. To ensure that information is current the Charity engages with outside agencies such as Childsafe Limited and implements the Childsafe Safety Management System.

4.3 An open and safe culture: The Charity encourages a culture where risk of harm can be discussed openly and reported safely to leaders and relevant authorities.

4.4 A risk management approach: Child protection is considered in the way all Charity activities are conducted to ensure risks are identified and safeguards are in place to minimise the risk of harm to children

4.5 Accountability: The Charity commits to being open to audits on our policies and ensuring our practices are consistent and reflect current legislation. Child Protection Policies are living documents and will be updated and reviewed on a regular basis to ensure they meet the moral obligation to protect children and comply with changes in legislation.

5 Key legislation

There are three key pieces of child protection legislation in New South Wales:

The Children and Young Persons (Care and Protection) Act 1998 (NSW) (The Care and Protection Act);
The Child Protection (Working with Children) Act 2012 (NSW) (The WWC Act); and
The Ombudsman Act 1974 (NSW) (The Ombudsman Act)

The following sections of this policy deal with each key piece of child protection legislation, outlining key concepts, definitions, responsibilities and actions that must be undertaken.

6 Guidelines and Processes for Mandatory Reporting

6.1 The Care and Protection Act:This legislation provides guidelines for mandatory reporting of children at risk of significant harm.

Under this legislation any concern regarding the safety, welfare or well-being of a child must be reported to the Coordinator or Manager by those considered Mandatory Reporters.

6.2 Who are Mandatory reporters?

Mandatory Reporters are described under Section 27 of the Care and

Protection Act as persons who;

in the course of their employment deliver services including health care; welfare, education, children's services and residential services, to children; or
hold a management position in an organisation, the duties of which include direct responsibility for, or direct supervision of, the provision of services including health care, welfare, education, children's services and residential services, to children, are mandatory reporters.
In a Charity context, this legislation refers to the Coordinator, Manager and all paid staff (including those contracted for their services).
1. The Charity acknowledges that a high percentage of our child related programs involve voluntary staff. Therefore, in order ensure a level of consistency and accountability throughout our child related ministries, the Charity requires all persons who participate in voluntary child related ministry to follow the Mandatory Reporting guidelines outlined in this policy even though they are not legislated by law to do so.
2. Persons under the age of 18 years of age are not mandatory reporters.

6.3 Defining ‘Reasonable Grounds’

Reasonable Grounds refers to the need to have an objective basis for suspecting that a child or young person may be at risk of significant harm, based on:

first hand observations of the child, young person or family
what the child, young person, parent or another person has disclosed
what can reasonably be inferred based on professional training and/or experience.

‘Reasonable grounds’ does not mean that you are required to confirm your suspicions or have clear proof before making a report.

A mandatory reporter (including volunteers participating in child related ministries) where they have reasonable grounds to suspect that a child (under 16 years of age) is at risk of significant harm, must report to the Coordinator or Manager immediately.
In addition, while not mandatory, the Charity considers that the same procedures should be followed where there are reasonable grounds to suspect a young person (16 or 17 years of age) is at risk of significant harm and there are current concerns about the safety, welfare and well-being of the young person.

6.4 Defining ‘Risk of Significant Harm’

There is an obligation to report to Family and Community Services (FACS) when a child or young person is “at risk of significant harm”. This obligation overrides all considerations of confidentiality or professional codes.

A child or young person is “at risk of significant harm” if current concerns exist for the safety, welfare or well-being of the child or young person because of the presence, to a significant extent, of any one or more of the following circumstances:
1. the child’s or young person’s basic physical or psychological needs are not being met or are at risk of not being met,
2. 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,
3. in the case of a child or young person who is required to attend school in accordance with the Education Act 1990 - 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 in accordance with that Act,
4. the child or young person has been, or is at risk of being, physically or sexually abused or ill-treated,
5. 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,
6. 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,
7. the child was the subject of a pre-natal report under section 25 of the Care and Protection Act and the birth mother of the child did not engage successfully with support services to eliminate, or minimise to the lowest level reasonably practical, the risk factors that gave rise to the report.

6.5 Refer to Appendix I for other relevant definitions regarding ‘The Care and Protection Act’

6.6 The Mandatory Reporting ProcessReporting by the Charity about these matters to FACS and, where necessary, the police, is generally undertaken by the Coordinator or Manager. This is in accordance with best practice principles and is the expectation of the Charity.

However, if there is an immediate danger to the child or young person and the Coordinator or Manager are not contactable you should speak to the Police and/or the Child Protection Helpline directly and then advise the Coordinator or Manager as soon as possible.
If you have a concern that a child or young person is at risk of significant harm you should contact the Coordinator or Manager immediately to discuss whether the case reaches the threshold of 'risk of significant harm' and the steps required to report the matter.
The Coordinator or Manager will complete the ‘Online Mandatory Reporters Decision Guide’ to determine if the case reaches the threshold for reporting.
A copy of the outcome from the Online Mandatory Reporters Decision Guide will be kept in the Church’s Childsafe Child Protection Management System for reference.
If the outcome of the Online Mandatory Reporters Decision Guide is to report the matter to FACS, the Coordinator or Manager will do so within 24 hours of receiving the report.
You are not required to, and must not undertake any investigation of the matter yourself.
You are not to inform the parents or caregivers that a report to FACS has been made.
You are required to deal with the matter confidentially and only disclose it to the persons referred to above, or as required to comply with your mandatory reporting obligations. Failure to maintain confidentiality will not only be a breach of this policy, but could expose you to potential civil proceedings for defamation.

6.7 Support After a Report Has Been Made

The Charity will ensure that after a report has been made appropriate support is provided for:

Children who have experienced abuse
Employees (including volunteers) who have allegations made against them
Parents who have raised complaints or whose children have been abused

The Charity is not able to provide counselling to a child who has been abused (or their parents) or to provide counselling to staff/leaders who have allegations made against them. However, the Charity will endeavour to provide appropriate assistance to connect the child/parents/employees to recommended services.

Children and parents should be reassured that their concern will be dealt with appropriately, respectfully, fairly and confidentially.
Persons who make a report regarding a child who may be at risk of significant harm must keep the information confidential at all times, except when disclosing to relevant authorities for investigation. After the completion of the report, the Coordinator or Manager will review the report and contact the leader for a debrief and to offer ongoing pastoral care

7 Guidelines and Processes for Allegations of Reportable Conduct of Employees

7.1 The Ombudsman Act

Part 3A of the Ombudsman Act requires the heads of certain agencies, including not-for-profit agencies in New South Wales, to notify the New South Wales Ombudsman of all allegations of reportable conduct by a current employee and the outcome of the Charity's investigation of these allegations.

Under the Act, an 'employee' includes paid employees, contractors, volunteers, work experience participants, interns, clergy, ministers of religion and instructors of religion who provide pastoral or liturgical services. For the purpose of this Policy any reference to an employee includes all of these persons.
Child is a person under the age of 18 years for the purposes of the Ombudsman Act.

7.2 The Role of the Ombudsman

Under the Ombudsman Act the Ombudsman;

must keep under scrutiny the systems for preventing reportable conduct by employees of non-government agencies and the handling of, or response to, reportable allegations (including allegations which are exempt from notification) or convictions;
must receive and assess notifications from non-government agencies concerning reportable conduct or reportable convictions;
is required to oversee or monitor the conduct of investigations by non-government agencies into allegations of reportable or reportable convictions;
must determine whether an investigation that has been monitored has been conducted properly, and whether appropriate action has been taken as a result of the investigation;
may directly investigate an allegation of reportable conduct or reportable conviction against an employee of a non-government agency, or the handling of or response to such a matter (e.g. arising out of complaints by the person who is the subject of an allegation); and
may undertake ‘own motion’ investigations of non-government agencies where the Ombudsman considers it appropriate to do so, including where there is evidence of systemic failure or serious conflict of interests.

7.3 The Role of the Head of Agency

Under the Ombudsman Act the Head of Agency must:

set up systems within their organisation to ensure that they are advised of any allegations of reportable conduct against current employees;
notify the Ombudsman as soon as possible and no later than thirty days after being made aware of an allegation;
notify the Ombudsman whether or not the agency’s plans to take disciplinary or other action in relation to an employee who is the subject of a reportable allegation or conviction, and the reasons for taking or not taking any such action as soon as practicable; and
provide the Ombudsman with any documentary and other information as the Ombudsman may from time to time request to assist in the Ombudsman’s monitoring of an investigation.

7.4 What are my obligations to report?

You must report any concerns you may have about any other employee engaging in reportable conduct, or any allegation of reportable conduct that has been made to you by a third party, to the Coordinator or Manager, including information about yourself.

If you are not sure whether the conduct is reportable conduct but consider that it is inappropriate behaviour you must still report it.
You must also report to the Coordinator or Manager if you become aware that an employee has been charged with or convicted of an offence (including a finding of guilt without the court proceeding to a conviction) involving reportable conduct. This includes information relating to yourself.
If the allegation involves the Manger, you are required to report to the Board.
The Coordinator or Manager are the contact point for parents if they wish to report an allegation of reportable conduct against an employee.

7.5 Definition of Reportable Conduct

Reportable conduct is defined as:

any sexual offence or sexual misconduct committed against, with or in the presence of a child (including a child pornography offence or an offence involving child abuse material);
any assault, ill-treatment or neglect of a child; and
any behaviour that causes psychological harm to a child whether or not, in any case, with the consent of the child.

Reportable conduct does not extend to:

conduct that is reasonable for the purposes of the discipline, management or care of children, having regard to the age, maturity, health or other characteristics of the children and to any relevant codes of conduct or professional standards; or
the use of physical force that, in all the circumstances, is trivial or negligible, but only if the matter is to be investigated and the result of the investigation recorded under workplace employment procedures; or
Conduct of a class or kind exempted from being reportable conduct by the Ombudsman under Section 25CA.

7.6 Refer to Appendix ii for other relevant definitions regarding The Ombudsman Act

7.7 What happens when an allegation of reportable conduct is made?

Once an allegation of reportable conduct against a current employee is received, the Head of Agency is required to:

determine on face value whether it is an allegation of reportable conduct;
assess whether FACS or the Police need to be notified (i.e. if reasonable grounds to suspect that a child is at risk of significant harm or criminal offence);
notify the child's parents (unless to do so would be likely to compromise the investigation or any investigation by FACS or the Police);
notify the Ombudsman within 30 days of receiving the allegation;
carry out a risk assessment and take action to reduce/remove risk, where appropriate; and
investigate the allegation or appoint someone to investigate the allegation.

7.8 Investigation principles

The Charity will:

be mindful of the principles of procedural fairness;
inform the person subject of the allegation (PSOA) of the substance of any allegations made against them and provide them with a reasonable opportunity to respond to the allegations;
make reasonable enquiries or investigations before making a decision;
avoid conflicts of interest;
conduct the investigation without unjustifiable delay;
handle the matter as confidentially as possible; and
provide appropriate support for all parties including the child/children, witnesses and the PSOA.

7.9 Investigation steps

In an investigation, the Head of Agency in conjunction with a Board appointed investigator will generally:

interview relevant witnesses and gather relevant documentation;
provide a letter of allegation to the PSOA;
interview the PSOA; A PSOA may have an appropriate support person with them during the interview process. Such a person is there for support only and as a witness to the proceedings and not as an advocate or to take an active role
consider relevant evidence and make a preliminary finding in accordance with the NSW Ombudsman guidelines;
inform the PSOA of the preliminary finding and provide them with an opportunity to respond;
consider any response provided by the PSOA;
make a final finding in accordance with the NSW Ombudsman Guidelines;
decide on the disciplinary action, if any, to be taken against the PSOA;
apply the Office of the Advocate for Children and Young People or ACYP Guidelines[4] (formally the NSW Commission for Children and Young People or CCYP) and decide if the matter is reportable to ACYP; and
send the final report to the Ombudsman and report to the ACYP (where required)

The steps outlined above may need to be varied on occasion to meet particular circumstances. For example, it may be necessary to take different steps where the matter is also being investigated by Family and Community Services or the NSW Police.

7.10 What information will be provided to the PSOA?

The PSOA will be advised:

that an allegation has been made against them (at the appropriate time in the investigation); and
of the substance of the allegation, or of any preliminary finding and the final finding.

The PSOA does not automatically have the right to:

know or have confirmed the identity of the person who made the allegation; or;
be shown the content of the Ombudsman notification form or other investigation material that reveals all information provided by other employees or witnesses.

7.11 Disciplinary Action

As a result of the allegations, investigation or final findings, the Charity may take disciplinary action against the PSOA (including termination of employment or voluntary ministry role). In relation to any disciplinary action the Charity will:

give the PSOA details of the proposed disciplinary action; and
give the PSOA a reasonable opportunity to respond before a final decision is made.

7.12 Confidentiality

It is important when dealing with allegations of reportable conduct that the matter be dealt with as confidentially as possible. The Charity requires that all parties maintain confidentiality during the investigation including in relation to the handling and storing of documents and records.

Records about allegations of reportable conduct against employees will be kept securely in the Head of Agency’s office and will be accessible except by the Head of Agency's express authority.
No employee may comment to the media about an allegation of reportable conduct unless expressly authorised by the Head of Agency to do so. All media enquiries regarding reportable conduct should be handled by the designated Media Spokesperson as outlined in the Charity's Media Policy.
If you become aware of a breach of confidentiality in relation to a reportable conduct allegation you must advise the Head of Agency.

8 Risk Management

The Charity is committed to minimising the risk of harm to children through risk management.

8.1 Definition of Risk Management

Risk management means identifying the potential for an incident or accident to occur and taking steps to reduce the likelihood or severity of its occurrence. Consideration of risk of harm to children must be considered in the way all activities are conducted in every ministry of the Charity.

8.2 Risk Management Procedure

As a formal process, each activity of the Charity will follow this risk management procedure:

Program Leaders must undertake and prepare a risk assessment for all events and ministry. When preparing a documented risk assessment, a component of managing the risk of child harm must be included.
Risk assessments must be submitted to the Risk Management Officer for approval. The Program Leader will be given Permission to Proceed (in writing) from the Risk Manager Officer, or asked to make adjustments.
Events/Programs cannot proceed without Permission to Proceed.
In order to manage risk, the risk assessment must:
1. Identify the potential risks and incidents in which children may be harmed.
2. Assess how likely it is for the risk to occur.
3. Identify what the course of action may be if risks are ignored
4. Develop controls, procedures & strategies to minimise identified risks.
5. Ensure steps are taken to implement the strategies to reduce the risk of it occurring.

8.3 Risk management in relation to reportable conduct

During an investigation of reportable conduct, the Head of Agency is responsible for risk management and will assess risk at the beginning, during, and at the end of the investigation.

Initial risk assessment: One of the first steps following an allegation of reportable conduct against an employee is for the Head of Agency to conduct a risk assessment. The purpose of this initial risk assessment is to identify and minimise the risks to:
1. the child(ren) who are the subject of the allegation;
2. other children with whom the employee may have contact;
3. the PSOA;
4. The Charity;
5. the proper investigation of the allegation.
The factors which will be considered during the risk assessment include:
1. the nature and seriousness of the allegations;
2. the vulnerability of the child(ren) the PSOA has contact with as part of their employment or voluntary role;
3. the nature of the position occupied by the PSOA;
4. the level of supervision of the PSOA; and
5. the disciplinary history or safety of the PSOA and possible risks to the investigation.
The Head of Agency will take appropriate action to minimise risks. This may include the PSOA being temporarily relieved of some duties, being required not to have contact with certain children, or being suspended from duty. When taking action to address any risks identified, the Charity will take into consideration both the needs of the child(ren) and the PSOA.
A decision to take action on the basis of a risk assessment is not indicative of the findings of the matter. Until the investigation is completed and a finding is made, any action, such as an employee being suspended, is not to be considered to be an indication that the alleged conduct by the employee did occur.
Ongoing risk management: The Head of Agency will continually monitor risk during the investigation including in the light of any new relevant information that emerges.
Risk Management at the conclusion of the Investigation: At the completion of the investigation, a finding will be made in relation to the allegation and a decision made by the Head of Agency and Board of Directors regarding what action, if any, is required in relation to the PSOA, the child(ren) involved and any other parties.

9 Requirements for Working with Children

9.1 The Working with Children Act (WWC Act)

The object of the WWC Act is to protect children:

by not permitting certain persons to engage in child-related work; and
by requiring persons engaged in child-related work to have working with children check clearances.

9.2 Screening for child related employment

The Office of the Children’s Guardian (OCG) [5] is responsible for employment screening for child related employment.

A Working with Children Check (WWCC)[6] is a prerequisite for anyone in child-related work. It involves a national criminal history check and review of reported workplace misconduct findings.
The result of a WWCC is either a clearance to work with children for five years, or a bar against working with children. Cleared applicants are subject to ongoing monitoring by the OCG, and any relevant new records which appear against a cleared applicant's name may lead to the WWCC being revoked.

9.3 The Responsibility of the Charity

Charities are required to:

verify online and record the status of each child-related worker’s Check;
only employ or engage child-related workers or eligible volunteers who have a valid WWCC; and
report findings of misconduct involving children made against child-related workers or volunteers.

9.4 Responsibility of Child-Related Workers

Child-related workers and eligible volunteers are required to:

hold and maintain a valid WWCC
not engage in child-related work at any time that they are subjected to an interim bar or a bar; and
report to the Board of Directors if they are no longer eligible for a WWCC, the status of their WWCC changes, or are notified by the OCG that they are subjected to a risk assessment.

9.5 Recruitment Process

The Charity will screen all staff, contractors and volunteers working with children as part of its recruitment process.

Working with Children Check (WWCC)
1. According to law all persons 18 years and older are required to obtain a WWCC. Information on how to participate in training and obtain a WWCC will be provided during the initial induction process.
2. Additionally, it is Charity policy that all volunteers or staff operating in capacity as Program Leaders are required to obtain a WWCC. Information on how to participate in training and obtain a WWCC[RB1] will be provided during the initial induction process.
3. A person’s WWCC must be validated by the Charity prior to the commencement of any child related ministry or as a Program Leader.
4. A register of all WWCC numbers will be kept on file and regularly reviewed as part of the Childsafe Child Protection Management System.
5. In the event that a child volunteering in a children’s or youth program turns 18, they must have a validated WWCC to continue participating in a leadership capacity in the program. If they do not have a validated WWCC, they will be unable to continue participating in the program.
Requirement and roles for various ages of volunteers. In addition to any WWCC requirements the process of screening, approval and role allocation will differ depending on the age of the volunteer.
1. Volunteers between the age of 12 and 15 may serve in a role with strictly limited responsibilities in child related ministries. They are not required to undergo any specific child protection training. Approval from their parent / guardian to take on this role will be required.
2. Volunteers between the age of 16 and 18 may serve in a role with strictly limited responsibilities in child related ministries. They must complete the Childsafe Child Protection Training and read and sign the Church’s Child Protection Policy and Code of Conduct. Approval from their parent / guardian to take on this role will be required.
3. Volunteers between the age of 18 and 24 may serve in a role with limited responsibilities in child related areas unless they have been invited to undertake a specific interview assessment in order to be approved as an Approved Adult Supervisor. Admission into this assessment process is not automatic and will be at the discretion of the Charity. The process will involve an interview detailing various hypothetical situations in order to assess if the volunteer is able to suitably demonstrate an understanding of the Charity's child protection practices and the reasons for them. The Charity reserves the right to disapprove or revoke the approval of any person it deems does not meet these criteria. They must complete the Childsafe Child Protection Training, read and sign the Charity's Child Protection Policy and the Working with Monors Code of Conduct and provide a minimum of two character references.
4. Volunteers over the age of 25 must complete the Childsafe Child Protection Training, read and sign the Charity's Child Protection Policy and read and sign the Charity's Working with Minors Code of Conduct and provide a minimum of two character references. They will automatically be assessed as Approved Adult Supervisors. The Charity reserves the right to disapprove or revoke the approval as an Approved Adult Supervisor of any person it deems does not suitably demonstrate an understanding of its child protection practices and the reasons for them.
Anyone with a known prior criminal or child sex offence cannot work with children at the Charity, regardless of the length of time since the prior incident.
Visiting guests and contracted entertainers working directly with children at the Charity must abide by the Child Protection Policy and Working with Minors Code of Conduct. In particular, they must be reminded about the Social Media Clause 2.18 in the Code of Conduct when promoting their visit. Prior to their visit, visiting guests and contracted entertainers working with children must read this Child Protection Policy and Code of Conduct, sign the policy acknowledgement and forward it to the Manager. A copy of the signed acknowledgement will be kept by the Risk Management Officer.

9.6 Supervision levels for activities involving minors.

In addition to the Recruitment Process as outlined above the Charity will also endeavour to ensure that the awareness, age and experience of all adults supervising minors is adequate. In particular, programs where minors are present and not under the direct care of their parents or guardians require the presence of a the following criteria must be fulfilled. A minimum of two Approved Adult Supervisors must be present who are not immediate family. These adults must be over the age of 20, have completed the Childsafe Child Protection Training and be able to demonstrate that they have a suitable level of maturity and understanding of the reasons for our Child Protection Policy and Code of Conduct. This process of assessment will be at the discretion of the Charity. The Charity reserves the right to refuse approval to any person that it believes has not adequately met these criteria.

[1] Information on Childsafe Limited and their accreditation can be found at http://www.childsafe.org.au/

[2] In circumstances as outlined in item 6.1 you can call the Child Protection Helpline on 132 111.

[3] The Mandatory Reporters Decision Guide can be found at https://reporter.childstory.nsw.gov.au/s/mrg

[4] For more information on these guidelines see http://www.acyp.nsw.gov.au/

[5] For information on the Office of the Children’s Guardian go to https://www.kidsguardian.nsw.gov.au/

[6] For information about applying for a Working with Children Check go to https://www.kidsguardian.nsw.gov.au/child-safe-organisations/working-with-children-check

Appendix i: Other relevant definitions regarding the Care and Protection Act

Policy definition of ‘significant harm’

A child or young person is at risk of significant harm if the circumstances that are causing concern for the safety, welfare or well-being of the child or young person are present to a significant extent.
What is meant by 'significant' in the phrase 'to a significant extent' is that which is sufficiently serious to warrant a response by a statutory authority irrespective of a family's consent.
What is significant is not minor or trivial, and may reasonably be expected to produce a substantial and demonstrably adverse impact on the child or young person's safety, welfare or well-being.
In the case of an unborn child, what is significant is not minor or trivial, and may reasonably be expected to produce a substantial and demonstrably adverse impact on the child after the child's birth.
The significance can result from a single act or omission or an accumulation of these.

Policy definition of ‘child abuse and neglect’

There are different forms of child abuse. These include neglect, sexual, physical and emotional abuse.

Neglect: is the continued failure by a parent or caregiver to provide a child with the basic things needed for his or her proper growth and development, such as food, clothing, shelter, medical and dental care and adequate supervision.
Physical abuse:is a non-accidental injury or pattern of injuries to a child caused by a parent, caregiver or any other person. It includes but is not limited to injuries which are caused by excessive discipline, severe beatings or shakings, cigarette burns, attempted strangulation and female genital mutilation. Injuries include bruising, lacerations or welts, burns, fractures or dislocation of joints. Hitting a child around the head or neck and/or using a stick, belt or other object to discipline or punishing a child (in a non-trivial way) is a crime.
Serious psychological harm:can occur where the behaviour of their parent or caregiver damages the confidence and self-esteem of the child or young person, resulting in serious emotional deprivation or trauma. Although it is possible for ‘one-off’ incidents to cause serious harm, in general it is the frequency, persistence and duration of the parental or care giver behaviour that is instrumental in defining the consequences for the child. This can include a range of behaviours such as excessive criticism, withholding affection, exposure to domestic violence, intimidation or threatening behaviour.
Sexual abuse:is when someone involves a child or young person in a sexual activity by using their power over them or taking advantage of their trust. Often children are bribed or threatened physically and psychologically to make them participate in the activity. Child sexual abuse is a crime.
Child well-being:concerns are safety, welfare or well-being concerns for a child or young person that do not meet the mandatory reporting threshold, risk of significant harm.

Appendix ii: Other relevant definitions regarding the Ombudsman’s Act

Set out below are definitions of the various terms referred to in relation to reportable conduct;

Behaviour that causes psychological harm to a child:
is behaviour that is obviously or very clearly unreasonable and results in significant harm or trauma to a child. There needs to be a proven causal link between the inappropriate behaviour and the harm, and the harm must be more than transient.
Ill-treatment:captures those circumstances where a person treats a child in an obviously or very clearly improper manner. The focus is on the alleged conduct rather than the actual effect of the conduct on the child. Ill-treatment can include disciplining or correcting a child in an obviously unreasonable or inappropriate manner; making excessive and obviously unreasonable demands on a child; malevolent acts towards children; and inappropriate and hostile use of force against a child.
Neglect:includes either an action or inaction by a person who has care responsibility towards a child. The nature of the employee’s responsibilities provides the context against which the conduct needs to be assessed;
1. Supervisory neglect:
  1. An intentional or reckless failure to adequately supervise a child that results in the death of, or significant harm to, a child, or
  2. An intentional or reckless failure to adequate supervise a child or a significantly careless act or failure to act, that:
    1. Involves a gross breach of professional standards, and
    2. Has the potential to result in the death or significant harm to a child.
2. Carer neglect:
  1. Grossly inadequate care that involves depriving a child of the basic necessities of life: such as the provision of food and drink, clothing, critical medical care or treatment, or shelter.
  2. Failure to protect from abuse: An obviously or very clearly unreasonable failure to respond to information strongly indicating actual or potential serious abuse of a child.
  3. Reckless act (or failure to act):
  4. Involves a gross breach of professional standards, and
  5. Has the potential to result in the death of, or significant harm to, a child.
Physical Assault:is any act by which a person intentionally inflicts unjustified use of physical force against another. An assault can also occur if a person causes another person to reasonably apprehend that unjustified force is going to be used against them. Even if a person who inflicts physical harm or causes another person to reasonably apprehend physical harm does not actually intend to inflict the harm or cause fear, they may still have committed an assault if they acted 'recklessly'. 'Recklessness' in this context relates to circumstances when the person ought to have known that their actions would cause a person physical harm or cause them to fear injury. Assaults can include hitting, pushing, shoving, throwing objects or making threats to physically harm a child.
Reportable conviction:means a conviction (including a finding of guilt without the court proceeding to a conviction), in NSW or elsewhere, of an offence involving reportable conduct.
Sexual Misconduct:has two categories which include:
1. Crossing professional boundaries. Sexual misconduct includes behaviour that can reasonably be construed as involving an inappropriate and overly personal or intimate relationship with, conduct towards or focus on a child or young person, or a group of children or young persons. Codes of conduct that outline the nature of the professional boundaries which should exist between employees and children/young people can be particularly useful. For employees who either intentionally breach such codes or have demonstrated an inability to apply them appropriately, it may be necessary to provide more detailed written advice about what constitutes appropriate behaviour.
2. Sexually explicit comments and other overtly sexual behaviour: Behaviour involving sexually explicit comments and other overtly sexual behaviour can constitute sexual misconduct. Some forms of this behaviour also involve crossing professional boundaries. This conduct may include:
  1. inappropriate conversations of a sexual nature
  2. comments that express a desire to act in a sexual manner
  3. unwarranted and inappropriate touching
  4. sexual exhibitionism
  5. personal correspondence (including electronic communications such as emails and text messages) with a child or young person in relation to the adult's sexual feelings for a child or young person
  6. exposure of children and young people to sexual behaviour of others including display of pornography
  7. watching children undress. For example, in change rooms or toilets when supervision is not required or justified.
Sexual Offences:encompasses all criminal offences involving a sexual element that are 'committed against, with or in the presence of a child'. These offences include (but are not limited to) the following:
1. indecent assault
2. sexual assault
3. aggravated sexual assault
4. sexual intercourse and attempted sexual intercourse
5. possession/ dissemination/ production of child pornography or child abuse material
6. using children to produce pornography
7. grooming or procuring children under the age of 16 years for unlawful sexual activity
8. deemed non-consensual sexual activity on the basis of special care relationships.

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