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Child Protection

PURPOSE OF THIS POLICY:
To provide written processes about the appropriate conduct of college staff and students that accord with legislation applying in Queensland about the care and protection of children.

STATEMENT OF COMMITMENT:
Central Queensland Christian College is committed to the safety and wellbeing of all children and young people who use its services. Our workers will treat them with respect and understanding at all times.

SCOPE:
This policy applies:

  • To all staff, volunteers, parents and students
  • On and off school property
  • Before, during and after school hours.

DEFINITIONS:

  • A child is a person under 18 years of age.
  • Harm is any detrimental effect of a significant nature on the child’s physical, psychological or emotional well-being. It is immaterial how the harm is caused. Harm can be caused by:
    1. Physical, psychological or emotional abuse or neglect;
    2. Sexual abuse or exploitation; or
    3. Domestic or family violence
  • A student is any person regardless of age who is enrolled at the school
  • Staff includes all persons working for the school: employees, volunteers, full-time and part-time.
  • A respondent is a person who is the subject of an allegation.
  • Inappropriate Behaviour is any behaviour which is contrary to the Code of Conduct or makes a child or young person feel unsafe.

POLICY:

  1. PRINCIPLES

    This policy is based on the following principles:

    1. Protecting students from harm and the risk of harm is fundamental to maximising their personal and academic potential.
    2. People who are subjected to abuse are harmed by it.
    3. The welfare and best interests of the child will always be a primary consideration.
    4. Sexual acts by an adult staff member with a student who is a child will always be sexual abuse.
  2. PRACTICES

    To ensure children and young people are kept safe from harm, the following actions will be taken:

    1. The Principal will ensure that the following are undertaken in order to reduce the chance of harm occurring:
      1. Ensure that each staff member understands and fulfils their obligations under this Policy, other related policies and the Code of Conduct.
      2. Ensure that there is an acceptable reference for each employee engaged since the commencement of this protocol, from their previous employer.
      3. Ensure that each paid staff member
        • has a current Teacher’s Registration
          OR
        • has a current positive suitability notice issued by the Commission for Children and Young People (or has lodged an application for such and completed a Criminal History Questionnaire in the mean time).
      4. Ensure that each volunteer
        • has a current Teacher’s Registration
          OR
        • has a current positive suitability notice issued by the Commission for Children and Young People (or has lodged an application for such and completed a Criminal History Questionnaire in the mean time)
          OR
        • in the case of volunteers who are a parent or guardian of a current student, have simply completed a Criminal History Questionnaire.
    2. Any report of suspected or actual harm, or risk of harm to a student will be responded to diligently.
    3. Reprisals against students or others making a complaint will not be tolerated.
    4. Student management practices will be administered with respect and in a manner which maintains the student’s dignity.
    5. A staff member who is the subject of allegations of improper conduct will be treated fairly and reasonably.
    6. The College will support a member of staff who is the subject of a proven false allegation of causing harm to a student.
    7. Any person within the school community who becomes aware of, or reasonably suspects that a student is being harmed is obliged to report it in accordance with the School’s Procedures for Reporting Harm.
    8. Appropriate / disciplinary action will be taken against volunteers / employees who harm others.
    9. Cooperation will be given to State authorities in resolving allegations of harm.
    10. Any matter in relation to the criminal history of a staff member or volunteer which they believe will have an impact on the Public Liability cover over the College will be reported to the insurers. This will be done immediately the College becomes aware of such a matter.
  3. GUIDELINES

    In the implementation of these practices, Central Queensland Christian College will be guided by the following:

    Natural Justice
    The principles of natural justice will apply to decisions to be made under this policy. The two fundamental principles of natural justice are:

    • That those making a decision are not biased.
    • That nobody should be condemned unless they are given prior notice of the allegations against them and they have a fair opportunity to be heard.

    Confidentiality
    Each person who has access to information regarding suspected or disclosed harm has an obligation to observe appropriate confidentiality. Central Queensland Christian College is unable to promise absolute confidentiality since its policies will require disclosing, internally and externally, certain details involved in responding to any complaint. State authorities can compel people to give evidence about actions under the policy and to produce documents. When necessary, the Principal will disclose confidential information to relevant staff members.

    Defamation
    A person providing information about harm in good faith to a person who needs to know that information is generally excused from liability for defamation.

    Interviews
    There will be two representatives of the college present at interviews, where practical. In cases of allegations of serious harm it is best not to interview a student who is a child unless a properly qualified person conducts the interview.

    Public Relations
    The Principal will ensure that the College is able to react quickly to allegations of harm so that accurate and relevant information is available for staff members, students, their families and for the media.

    Insurer
    The college will keep its insurer informed about developments.

    Police Action
    It will usually be necessary to wait until police have decided whether to charge the respondent before taking any internal disciplinary proceedings.

    If the police do charge the respondent no further action can be taken until the charges have been dealt with in the courts. Once court dealings are finalised the college is able to commence internal enquiries or disciplinary proceedings.

    This does not preclude the Principal from seeking advice from police regarding the duty of care to existing students which may involve the standing down of a staff member during an investigation. Some of the police material may be acquired under a Freedom of Information request when their work on the case is finished.

    If police do not charge the respondent the College may undertake internal disciplinary proceedings as soon as they have been advised of this decision.

    Administration
    All notes regarding child protection incidents are to be kept on student’s files and a copy held in the Child Protection File.

  4. DEALING WITH ALLEGATIONS OF HARM
    The following actions should be taken in any cases relating to harm or suspected harm against a child:
    1. Record details of the allegations. Be careful not to taint the evidence of the complainant.
    2. Decide whether the allegation should be reported to authorities: see Procedures for Reporting Harm. If so, report it.
    3. Provide details of the allegations to the respondent as allowed by legislation.
    4. If there is unacceptable risk, stand down the respondent. In extreme cases, dismiss them summarily.
    5. Offer pastoral care and/or counselling to the student and the respondent.
    6. Inform the School’s governing body.
    7. Inform the student’s parents when appropriate. (See footnote)
    8. Inform the School’s insurers as necessary.
    9. Investigate the allegations. Note: if the allegations have been reported to police, do not begin the investigations until the prosecution is complete and the police inform you they have decided not to charge the respondent.
    10. Attend to public relations.
    11. Take disciplinary action against the respondent if the circumstances require it.
    12. Keep the relevant parties informed as the matter proceeds.
      Even if it is eventually determined that the allegations made against an employee do not constitute official misconduct, the employee could still be disciplined according to the provisions of Disciplinary Procedure in the Central Queensland Christian College Employment Policies Manual because they have:
      1. Displayed disgraceful or improper conduct in an official capacity, or disgraceful or improper conduct in a private capacity which reflects seriously and adversely on the School; or
      2. Breached the behavioural standards expected of staff at Central Queensland Christian College if they fail to respect the trust involved in teacher-student relationships, or do not understand or fulfil their duty of care responsibilities.
  5. PROCEDURES FOR REPORTING HARM

    Students:

    • If you are aware or reasonably suspect that harm has been caused by anyone to a student of the school who was under 18 at the time, report it to any staff member.
    • If you wish to report behaviour by a staff member that you consider inappropriate, report the behaviour to the Principal or Chaplain.

    Staff:

    • If you are aware or reasonably suspect that harm has been caused by anyone to a student of the school who was under 18 at the time, report it to the Principal and keep a written record of your actions.
    • If you are aware or reasonably suspect that a staff member has sexually abused a student of the school who was under 18 at the time, give a written report about the abuse to the Principal or a member of the Board of Directors immediately. Contents of the written report are prescribed by regulation made under the Education (General Provisions) Act.

    Chaplain:

    • If you receive a report from a student reporting inappropriate behaviour by a staff member:
      1. Interview the student
      2. Interview the staff member named in the report
      3. Interview any other person who may be able to provide useful information
      4. Report your findings to the Principal, with your recommendation for action to be taken

    Principal

    • If you receive a report of harm or suspected harm to a student of the school and are aware of the harm having been caused or you reasonably suspect the harm to have been caused,
      1. Report it to the police or the Department of Families
      2. Keep a written record of your actions
    • If you receive a report from a student of inappropriate behaviour by a staff member:
      1. Interview the student
      2. Interview the staff member named in the report
      3. Interview any other person who may be able to provide useful information
      4. Take action
      5. Keep a written record of your actions
    • If you receive a report from a staff member of sexual abuse by a staff member, give a copy of the report to a police officer immediately

    Where a reference is made to PROVIDING A WRITTEN REPORT, the following matters are to be included in the written report:

    1. Name of person giving the report;
    2. Name, sex and (if known) age of the child victim;
    3. Details of the basis for the maker of the report becoming aware, or reasonably suspecting, that the child has been sexually abused;
    4. Details of the actual or suspected sexual abuse;
    5. Particulars of the identity of the alleged perpetrator of the abuse (if known); and
    6. Particulars of the identity of any other person who may be able to give information about the abuse (if known).

IMPLEMENTING THE POLICY:

  • Board Members and staff (paid & voluntary) must ensure that they familiarise themselves with the content of this policy and related documents and sign a statement to say that they have familiarised themselves with this policy.
  • The Principal will meet with staff each year to promote, review and discuss child protection, this policy, related documents and staff responsibilities.
  • The Principal will hold a Parent Information Evening each year to
    1. create awareness of the policy
    2. outline the procedures for reporting harm and allegations of harm
    3. provide guidelines for ensuring their child’s safety at all times
    4. inform the child protection education their children will receive

    A register of attendance will be taken at this meeting.

  • Students will be taught at age appropriate levels
    1. what harm is
    2. how to report harm or suspected harm to a responsible adult.

MONITORING COMPLIANCE:

The Principal will:

  • Conduct an annual audit of child safety and support in the school environment and make a report to Board.
  • Report to Board any incident relating to harm or an allegation of harm as soon as it arises.

EVALUATION AND REVIEW:

  • This policy is to be reviewed every 12 months or as required.
  • Draft Issue 4
    - Formatted for internet
    - Criminal History Questionnaire updated
  • Previous Issue attached below

RELATED DOCUMENTS:

REFERENCES:

DECLARATION:
I the undersigned declare that I have read and understood this policy.

Signed _____________________________________

Name ______________________________________

Date __________________________

AttachmentSize
7_Child Protection_05.doc105 KB
Criminal History Questionnaire.doc736.5 KB