Child Protection & Safety Policy

The Flourish Journey is committed to promoting and protecting the interests and safety of  children. We have zero tolerance for child abuse. 

Everyone working or volunteering for The Flourish Journey, including as a board member, employee, facilitator, contractor or volunteer, is responsible for the care and protection of children and reporting  information about child abuse. 

Purpose 

The purpose of this policy is to: 

  1. facilitate the prevention of child abuse occurring within, or within an environment  created by, The Flourish Journey; 

  2. work towards an organisational culture of child safety; 

  3. Ensure that all parties are aware of their responsibilities for identifying possible  occasions for child abuse and for establishing controls and procedures for preventing  such abuse and/or detecting such abuse when it occurs. 

  4. provide guidance to staff/volunteers/contractors as to actions that should be taken  where they suspect any abuse within or outside of the organisation; 

  5. provide a clear statement to staff/volunteers/ contractors forbidding any such abuse;

  6. provide assurance that all cases of suspected abuse will be reported and fully  investigated. 


Policy 

The Flourish Journey is committed to promoting and protecting the best interests of children  involved in its programs. All children, regardless of their gender, race, religious beliefs, age,  disability, sexual orientation, or family or social background, have equal rights to protection  from abuse. 

The Flourish Journey has zero tolerance for child abuse. Everyone working or volunteering for The Flourish Journey is responsible for the care and protection of the children within our care,  reporting information about suspected child abuse in accordance with the law and this  policy, and taking reasonable precautions to prevent the abuse of a child by an individual associated with the organisation while the child is under the care, supervision or authority of  the organisation. 

Child protection is a shared responsibility between the The Flourish Journey, all employees,  workers, volunteers, contractors, clients, partners and members of the The Flourish Journey  community. 

The Flourish Journey supports and respects all children, staff and volunteers. The Flourish Journey is  committed to the cultural safety of Aboriginal and Torres Strait Islander children, and  those from culturally and/or linguistically diverse backgrounds, and to providing a safe  environment for children living with a disability. 


Procedures 

Responsibilities 

The Board of The Flourish Journey has ultimate responsibility for the detection and prevention of  child abuse and is responsible for ensuring that appropriate and effective internal control  systems are in place. The Board is also responsible for ensuring that appropriate policies  and procedures and a Child Protection Code of Conduct are in place. 

The CEO of The Flourish Journey is responsible for: 

  1. dealing with and investigating reports of child abuse; 

  2. ensuring that all staff, contractors, and volunteers are aware of relevant laws, organisational policies and procedures, and the organisation’s Code of Conduct; 

  3. ensuring that all adults within The Flourish Journey community are aware of their obligation to report suspected sexual abuse of a child in accordance with these policies and procedures; 

  4. Reporting to the Commission conduct that is classified as ‘Reportable Conduct’; 

  5. ensuring that all staff, contractors and volunteers are aware of their obligation to observe the Code of Conduct (particularly as it relates to child safety); and 

  6. providing support for staff, contractors and volunteers in undertaking their child protection responsibilities. 

All managers must ensure that they: 

  1.  promote child safety at all times; 

  2.  assess the risk of child abuse within their area of control and eradicate or minimise  any risk to the extent possible; 

  3. educate employees about the prevention and detection of child abuse; and (d) facilitate the reporting of any inappropriate behaviour or suspected abusive activities. 

Management should be familiar with the types of abuse that might occur within their area of responsibility and be alert for any indications of such conduct. 

All staff/volunteers/contractors share the responsibility for the prevention and  detection of child abuse, and must: 

  1. familiarise themselves with the relevant laws, the Code of Conduct, and  The Flourish Journey’s policy and procedures in relation to child protection, and comply with all requirements; and

  2.  report any reasonable belief that a child’s safety is at risk to the relevant  authorities (such as the police and/or the state-based child protection service) and fulfil their ‘Failure to disclose’ and ‘Failure to protect’ obligations in accordance with Section 7 of this policy (and as outlined in the Definitions and Appendices A and B of this Policy); 

  3. report any suspicion that a child’s safety may be at risk to the Child Protection Officer of The Flourish Journey(or the CEO if the Child Protection Officer is involved in the suspicion); and

  4.  provide an environment that is supportive of all children’s emotional and  physical safety. 


Employment of New Personnel 

The Flourish Journey undertakes a comprehensive recruitment and screening process for all  workers and volunteers that aims to: 

  1. promote and protect the safety of all children under the care of the organisation; 

  2.  identify the safest and most suitable people who share The Flourish Journey’s  values and  commitment to protect children; and 

  3. prevent a person from working at The Flourish Journey if they pose a risk to children. 

The Flourish Journey requires all workers, volunteers, contractors, management and Board  members to obtain and maintain a valid Working With Children Check. The Flourish Journey may  also require applicants to provide a police check. 

The Flourish Journey will undertake thorough reference checks of any person likely to do  child-related work, per the approved internal procedure. 

Once engaged, workers/volunteers must review and acknowledge their understanding of  this Policy. 


Risk Management 

The Flourish Journey will ensure that child safety is a part of its overall risk management  approach. 

The Flourish Journey CEO will be clearly responsible for risk and compliance  and is committed to identifying and managing risks at The Flourish Journey. That person will  receive training in relation to child safety and will seek out and apply within the  organisation the latest child safety information. 


Reporting 

Any staff member, volunteer or contractor who has grounds to suspect abusive  activity against a Child must immediately notify the appropriate child protection  service or the police in accordance with The Flourish Journey’s procedures. They should  also advise the designated Child Protection Officer about their concern. 

In situations where the Child Protection Officer is suspected of involvement in the  activity, or if the person having the suspicion does not believe that the matter is  being appropriately addressed or dealt with, the matter should be reported to the  next highest level of supervision, and to the Board thereafter.  

Supervisors must report complaints of suspected abusive behaviour or misconduct  to the CEO and also to any external regulatory body such as the police. 

A courtesy call will be provided from FG’s Child Safety Officer to any school where a disclosure was made during a workshop, 1 week after the workshop. This is to get an update on how the student is going and what processes have taken place since the incident was reported. 

Reporting Obligations of all staff/contractors/volunteers 

All staff (including the CEO), contractors and volunteers who form a reasonable  belief that a sexual offence has been committed in Victoria against a child (any  person under 16 years old) by another person of or over the age of 18 years, must  make a report to the police or the relevant local authority.  

For immediate danger contact the police on 000; for non-immediate danger1 contact the relevant state authority per The Flourish JourneyChild Protection reporting  flowchart. 

Reporting Obligations of the CEO or next most senior employee 

The Flourish Journey is aware of the Victorian Reportable Conduct Scheme and of any  reporting obligations its staff, volunteers or contractors must adhere to when  providing services to an in-scope organisation.  

Responding 

If it is alleged that a member of staff, contractor or a volunteer may have committed an  offence or have breached the organisation’s policies or its Code of Conduct the person  concerned may be stood down (with pay, where applicable) while an investigation is  conducted. 

If the investigation concludes that on the balance of probabilities an offence (or a breach of  the organisation’s policies or Code of Conduct) has occurred then disciplinary action may  follow, up to and including dismissal or cessation of involvement with the organisation. The  findings of the investigation will also be reported to any external body as required. 

Privacy 

All personal information considered or recorded will respect the privacy of the individuals  involved unless there is a risk to someone’s safety. The Flourish Journey will have safeguards  and practices in place to ensure any personal information is protected. 

Everyone is entitled to know how the personal information is recorded, what will be done  with it, and who will be able to access it. 

Example of immediate danger: A father has picked a child up from school after the end of a The Flourish Journey  workshop and you are aware that he is not authorised to do so because of a history of abuse. You must contact  the police on 000. Example of non-immediate danger: A child has been acting up in school/in a The Flourish Journey workshop and you are aware that his parents have broken up and that there is a history of domestic violence  against the mother – in this case action must be taken but it would be more appropriate to raise the concerns  with the relevant body than to call the police emergency line (examples adapted from ‘Child Safety Toolkit’,  published by Moores and Our Community, April 2018)

  

Reviewing 

Every two years, and following every reportable incident, a review shall be conducted  to assess whether the organisation’s child protection policies or procedures require  modification to better protect the children under the organisation’s care. 

Definitions 

Behaviour that causes significant emotional or psychological harm that constitutes  Reportable Conduct must: 

  1. relate to an allegation concerning a worker’s or volunteer’s behaviour; 

  2.  have a clear link between the worker’s or volunteer’s alleged behaviour and the harm  suffered by the child; and 

  3.  involve harm that is significant. 


“Emotional or physical harm” in this context may include: 

  1. suicidal action, suicidal ideation or self-harm; 

  2. patterns of out-of-character, self-destructive, antisocial, or anxious behaviour; 

  3. ongoing sleep disturbance, nightmares or bedwetting; or 

  4. regression in behaviour. 

One clear way to ascertain if a “clear link” exists between the behaviour and the harm is by  considering the likelihood that the child would have been harmed if the alleged behaviour  had not occurred.  

An allegation will not be behaviour that causes significant emotional or psychological harm  if: 

  1. the worker or volunteer has taken reasonable steps to protect a child from immediate  harm;

  2.  the worker or volunteer has responsibility for discipline and has taken lawful and  reasonable disciplinary action, such as sending a child to sit in ‘time out’ for a period  of time, in line with organisational policy; or 

  3. The worker or volunteer is an appropriately qualified worker or volunteer who has  given medical treatment in good faith, such as a senior first aid officer administering  first aid. 

CCYP means the Commission for Children and Young People.  

Child means a person below the age of 18 years unless otherwise stated under the law  applicable to the child. 

Child abuse means all forms of physical abuse, emotional ill-treatment, sexual abuse and  exploitation, neglect or negligent treatment, commercial (e.g. for financial gain) or other  exploitation of a child and includes any actions that results in actual or potential harm to a  child. 

Child protection means any responsibility, measure or activity undertaken to safeguard  children from harm. 

Child sexual assault is any act which exposes a child to, or involves a child in, sexual  processes beyond his or her understanding or contrary to accepted community standards.  Sexually abusive behaviours can include the fondling of genitals, masturbation, oral sex,  vaginal or anal penetration by a penis, finger or any other object, fondling of breasts,  voyeurism, exhibitionism, and exposing the child to or involving the child in pornography. It includes child grooming, which refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child to lower the child’s  inhibitions in preparation for sexual activity with the child. 

Failure to disclose obligation means any adult who forms a reasonable belief that a  sexual offence has been committed by an adult against a child under 16 must report that  information to Victoria Police. It is a criminal offence to fail to disclose that information to  Victoria Police (more detail about this obligation is at Appendix A of this policy) 

Failure to protect obligation means any staff member in a position of authority at an  organisation who becomes aware that an adult associated with the organisation (such as  another worker or volunteer) poses a risk of sexual abuse to a child who is under the care,  authority or supervision of the organisation, must take all reasonable steps to remove or  reduce the risk. It is a criminal offence if the person fails to take reasonable steps in these  circumstances(more detail about this obligation is at Appendix B of this policy) 

Physical violence that constitutes Reportable Conduct includes the kind of conduct  described in Appendix D of this Policy. 

Reasonable grounds for belief means a belief based on reasonable grounds (see  below) that child abuse has occurred when all known considerations or facts relevant to  the formation of a belief are taken into account and these are objectively assessed. 

Circumstances or considerations may include the source of the allegation and how it was  communicated, the nature of and details of the allegation, and whether there are any other  related matters known regarding the alleged perpetrator. 

A reasonable belief is formed if a reasonable person believes that: 

  1.  the child is in need of protection; 

  2. the child has suffered or is likely to suffer “significant harm as a result of physical  injury,” or 

  3. the parents are unable or unwilling to protect the child. 

A ‘reasonable belief’ or a ‘belief on reasonable grounds’ is not the same as having proof, but  is more than mere rumours or speculation. 

A ‘reasonable belief’ is formed if a reasonable person in the same position would have  formed the belief on the same grounds. 

For example, a ‘reasonable belief’ might be formed if: 

  1. a child states that they have been physically or sexually abused; 

  2.  a child states that they know someone who has been physically or sexually abused  (sometimes the child may be talking about themselves); 

  3. someone who knows a child states that the child has been physically or sexually  abused; 

  4. professional observations of the child’s behaviour or development leads a  professional to form a belief that the child has been physically or sexually abused or  is likely to be abused; and/or 

  5. signs of abuse lead to a belief that the child has been physically or sexually abused. 


Reportable Conduct means any of the following five types of conduct: 

  1. sexual offences (against, with or in the presence of, a child) 

  2. sexual misconduct (against, with or in the presence of, a child) 

  3. physical violence (against, with or in the presence of, a child) 

  4. behaviour that causes significant emotional or psychological harm  

  5. significant neglect. 

For the avoidance of doubt, a worker or volunteer does not need to be charged with,  or found guilty of, a sexual offence for their behaviour to be Reportable Conduct. 

Sexual offences that constitute Reportable Conduct include: 

  1. sexual assault 

  2. indecent acts 

  3. possession of child abuse material 

  4. ‘grooming’ a child in order to commit a sexual offence. 

A full list of sexual offences is found in clause 1 of Schedule 1 to the Sentencing Act 1991  here. 

Sexual misconduct that constitutes Reportable Conduct includes the kind of conduct  described in Appendix C of this Policy. 

Significant neglect that is Reportable Conduct means  

  1. a significant and deliberate or reckless failure to meet the basic needs of a child;

  2. the employee or worker understood the needs of the child, or could have understood  the needs if they had thought about it; and  

  3. The worker or volunteer could have met the needs but failed to do so.