Child Safe Code of Conduct

Purpose

The Victorian Child Safe Standards require Benetas to have a code of conduct that sets standards about the ways in which Macedon Ranges Health (MRH) employees, contractors and volunteers are expected to behave with children. 

This section of the Child Safety Program describes the Child Safety Codes of Conduct that Benetas has developed to meet these commitments and requirements.

The Policies and Procedures in this Section:

• MRH Child Safe Code of Conduct
• MRH Staff  Professional Boundaries

Together, we refer to these as the Child Safety Codes of Conduct.

The MRH Child Safe Code of Conduct and MRH Staff Professional Boundaries Policy outline appropriate standards of behaviour towards children for all MRH Staff. It serves to protect children, reduce any opportunities for abuse or harm to occur, and promote child safety at MRH. It provides guidance on how to best support children and how to avoid or better manage difficult situations.

It is Benetas’ policy that any breach of the Child Safety Codes of Conduct is a child safety incident that must be reported internally. Any breach that meets the threshold for external reporting must also be reported to the relevant external authority.

The Child Safety Codes of Conduct are published on our MRH public website.

Scope

The Child Safety Codes of Conduct applies to the Benetas Board and Executive and anyone who conducts work for, or is connected to Macedon Ranges Health in paid or unpaid capacity, collectively known as ‘staff’ and includes:

• Employees
• Contractors
• Agency MRH Staff
• Consultants
• Volunteers
• Child or young persons over the age of 18 on placement.

This Policy applies in all physical, virtual and online environments used by children or young people participating in programs or receiving services from Macedon Ranges Health.

Agreement to the Child Safe Codes of Conduct

Benetas provides a copy of the Child Safety Codes of Conduct to all MRH Staff at induction and also communicates it via refresher training at regular intervals.

All MRH Staff must acknowledge in writing or online/electronically that they have read and agree to adhere to the Child Safety Codes of Conduct prior to commencing work at Benetas.

Consequences for Breaching the Child Safety Codes of Conduct

Benetas considers any breach of the Child Safety Codes of Conduct to be a child safety incident. As a result all MRH Staff must report all breaches internally. Any breach that meets the threshold for external reporting must also be reported to the relevant external authority.

For more information, refer to Child Safety Complaints Handling Procedure and Reporting Child Safety Incidents or Concerns Procedures

Benetas enforces the Child Safety Codes of Conduct. In the event of any non-compliance, we will instigate a review that may result in a range of measures including (depending on the severity of the breach):

• remedial education
• counselling
• increased supervision
• the restriction of duties
• suspension
• in the case of serious breaches, termination of employment, contract or engagement.

A breach of the Child Safety Codes of Conduct may result in disciplinary action as set out in our Disciplinary Policy, Employee Complaints and Grievance Policy, the applicable Enterprise Agreement and Equal Opportunity Policy, including possible termination of employment.

Any behaviour that constitutes a criminal offence under the Crimes Act 1958 will be treated as a criminal matter and reported to Victoria Police.

Benetas views failure by MRH Staff to report instances, allegations or concerns about abuse or neglect of a child or young person by persons within our organisation or by others in the community as a serious matter that breaches the Child Safety Codes of Conduct.

The MRH Child Safe Code of Conduct

All MRH Staff are responsible for promoting the safety and wellbeing of children and young people by adhering to the following standards of behaviour:

Do

• Comply with applicable guidelines published by Benetas or MRH with respect to child safety.
• Behave as a positive role model to children.
• Promote the safety, welfare and wellbeing of children.
• Be vigilant and proactive with regard to child safety and wellbeing, including child safety issues.
• Provide age-appropriate supervision for children.
• Treat all children with respect.
• Promote the safety, participation and empowerment of children with disability.
• Promote the cultural safety, participation and empowerment of linguistically and/or culturally diverse children and Aboriginal and Torres Strait Islander children.
• Use positive and affirming language towards children.
• Encourage children to ‘have a say’ and participate, and then listen to them with respect. Respect cultural, religious and political differences.
• Help provide an open, safe and supportive environment for all children to interact, and socialize.
• Intervene when children are engaging in inappropriate bullying behavior towards others or acting in a humiliating or vilifying way.
• Report any breaches of this Child Safe Code of Conduct.
• Report concerns about child safety to a Child Safety Officer and ensure that your legal obligations to report child abuse or other harm externally are met.
• Where an allegation of child abuse or other harm is made, ensure as quickly as possible that the children involved are safe.
• Call the Police on 000 if you have immediate concerns for a child's safety.
• Respect the privacy of children and their families and only disclose information to people who have a need to know.

Do Not

• Engage in any form of inappropriate behavior towards children or expose children to such behavior.
• Discriminate against any child on the basis of characteristics that are protected in anti-discrimination legislation or express personal views that support or promote such discrimination.
• Engage in open discussions of an adult nature in the presence of children.
• Engage in any form of sexual conduct with a child including making sexually suggestive comments and sharing sexually suggestive material.
• Engage in inappropriate or unnecessary physical conduct or behaviors including doing things of a personal nature that a child can do for themselves, such as toileting or changing clothes. Engage in any form of physical violence towards a child including inappropriately rough physical play.
• Use physical means or corporal punishment to discipline or control a child.
• Engage in any form of behavior that has the potential to cause a child serious emotional or psychological harm.
• Develop ‘special’ relationships with children that could be seen as favoritism (for example, the offering of gifts or special treatment for specific children).
• Engage in undisclosed private meetings with a child who is not your own child.
• Engage in activities with a child who is not your own child, outside of work hours and without permission from the children’s parent/carer.
• Engage in inappropriate personal communications with a child through any medium, including any online contact or interactions with children.
• Take or publish (including online) photos, movies, or recordings of children without parental/carer consent.
• Post identifying information about a child online unless it is necessary for MRH activities or you have consent from the children and/or their parents/guardians. Identifying information includes things such as the children’s: full name; age; e-mail address; telephone number; residence; school; or details of a club or group that they may attend.
• Ignore or disregard any suspected or disclosed child abuse or other harm.

MRH Staff Professional Boundaries Policy

All MRH Staff must: work within Benetas values, Benetas Code of Conduct and follow the guidelines for professional boundaries set out below:

• Exercise their responsibilities in a way that recognizes professional boundaries with regard to their relationships with children at all times.
• Identify, discourage, and reject any advances of a sexual nature initiated by a child.
• Interact with children in a manner that is professional at all times, including inside and outside of MRH operating hours.
• Report conflict of interest issues to the General Manager Community Health and Care.
• Remove themselves from decision-making where a conflict has been identified.

Some employees and contractors at MRH may have other professional or occupational codes of conduct that regulate their profession or occupation. These codes of conduct must also be complied with. In the event that an employee or contractor considers that there is a conflict between their professional or occupational code of conduct and the MRH Staff Professional Boundaries Policy in a particular matter, they must seek advice from their professional or occupational regulatory body and/or a Child Safety Officer, and must advise the General Manager Community Health and Care of their proposed course of action.

What are Professional Boundaries?

Professional boundaries are parameters that describe the limits of a relationship in circumstances where one person (a child) entrusts their welfare and safety to another person (an MRH Staff member), in circumstances where a power imbalance exists.

The fact that MRH Staff are in a unique position of trust, care, authority and influence with children means that there is always an inherent power imbalance that exists between them. It also means that professional boundaries must be established, maintained and respected at all times.

In most cases this power imbalance is clear, however, sometimes it may be more difficult to recognise especially for younger MRH Staff who may only be a few years older than the young person.

The following guidelines are not exhaustive, and given that sometimes ‘grey areas’ may occur, it is expected that all MRH Staff (no matter their age or experience) use their own good judgment, think very carefully about the implications and potential consequences of engaging in certain behaviours with children, and always err on the side of caution.

When unsure about whether professional boundaries are being, or have been, breached, ask yourself:

• Would I modify my behavior if a colleague was present?
• How would I feel about explaining my actions at a team meeting, to the General Manager Community Health and Care, or to parents/carers?
• Am I sharing information for the child's benefit, or for my benefit?
• Am I dealing with this child differently from others in similar circumstances?
• Is my language or demeanor different from normal when dealing with this particular child?

Uniform or identity card/pass/badge

MRH Staff must wear identification/uniforms when delivering Macedon Ranges Health programs and services to children and young people.

Pre-existing Relationships with Children and Young People

Benetas recognises that some MRH Staff may have pre-existing relationships with children and young people who access programs and services. As a result, some MRH Staff may undertake babysitting/nanny/transport services and/or attend a function at the request of a child, young person, or their parent/guardian.

To ensure the safety of children and young people, MRH Staff and volunteers are required to disclose pre-existing relationships to a Child Safety Officer. If a MRH Staff member or volunteer is required to assist a child or young person beyond the expectations of that person’s role or beyond the scope of Macedon Ranges Health’s usual programs or services, MRH Staff must immediately:

• Refer the matter to a Child Safety Officer
• Seek advice from management
• Call 000 if the child or young person is in immediate danger

Supervision

Avoid one-to-one unsupervised situations with children and young people to whom Macedon Ranges Health provides programs and services. Where appropriate and possible, all activities and/or discussions with children and young people need to be in the presence of other adult colleagues.

Ensure that children are not exposed to risks that threaten their health, safety or welfare, including risks posed by other children and young people.

Electronic and online communications

MRH Staff must follow Benetas Social Media Policy, ICT Acceptable Use Policy, and all other electronic communications and social media policies. A direct manager must authorise all electronic communication between MRH Staff and children and young people. If a manager is unavailable or unable to provide guidance, MRH Staff must seek advice from the Child Safety Officer.

MRH Staff must not use personal electronic devices to communicate with children or young people. In addition, MRH Staff must not have any online contact with a child’s parent/s/guardian unless it is transparent to the organisation and forms part of an approved program (for example, distribution of e-newsletters or responding to enquiries via Macedon Ranges Health’s public Facebook pages).

Where a parent and/or guardian is unable to see the communication (for example, direct messaging via social media/text messaging):

• Restrict such communication to issues directly associated with delivering Macedon Ranges Health programs and services, such as cancelling a scheduled event
• Ensure that this communication is via a channel that is visible and accessible to the manager or direct supervisor of that team

Photographs of children and young people

The taking of images (photograph and film) of children and young people should only be undertaken in line with Macedon Ranges Health’s Photo Recording Use and Consent Policy – to document a child's progress or promote Macedon Ranges Health-run programs, services, and events. In every instance, the following applies:

• The parent or guardian must provide prior permission to photograph or film their child or young person via Macedon Ranges Health’s Photo/recording Consent Form.
• The context is directly related to participation in or promotion of Macedon Ranges Health services or programs.
• The child or young person is appropriately dressed and posed.
• We check that any caption or text accompanying an image does not identify a child or young person if such identification is potentially detrimental.
• We do not distribute images to anyone outside of Macedon Ranges Health, other than the child or young person's parent and/or guardian or other non-commercial organisations working in a joint project with Macedon Ranges Health, without the written approval of the child or young person's parent and/or guardian.
• We store images in compliance with Macedon Ranges Health’s obligations, the Privacy & Data Protection Act 2014, Benetas’ Privacy Policy and Information Security Policy.
• MRH Staff must not use their personal mobile phone to take the images of children.

Physical contact with children and young people

Any physical contact with children and young people must be in a safe manner and adheres to the Child Safe Standards. Physical contact must be appropriate to the delivery of Macedon Ranges Health services and programs.

MRH Staff should not under any circumstances have any physical contact with children or young people participating in Macedon Ranges Health programs and services that:

• Involves touching of genitals, buttocks, and the breast area except what is required to deliver first aid, medical or allied health services. If contact with these areas is required, it should be in the presence of another MRH Staff member, parent/guardian of the child, unless in an emergency situation.
• Would appear to a reasonable observer to have a sexual connotation.
• Intends to cause pain or distress to the child or young person.
• Is physical, for example, wrestling, horseplay, tickling, or boisterous play.
• Is unnecessary, for example, to assist with toileting when a child does not require assistance.
• Is initiated against the wishes of the child or young person, except if such contact may be necessary to prevent injury to the child or young person or others, in which case:
• Physical restraint should be a last resort and only occur in an urgent or emergency situation, for example, when applying first aid or for the protection of another child.
• MRH Staff must report such incidents to the Child Safety Advisor or direct manager as soon as possible, including physical contact initiated by a child or young person that is sexual and/or inappropriate.

Overnight stays and sleeping arrangements

Macedon Ranges Health will not support overnight stays or sleep outs involving children and young people without a thorough risk assessment and approval of the Child Safety Officer, GM Quality, Risk and Safeguarding and the General Manager Community Health and Care.

Change room, group fitness room and consultation room arrangements

If MRH Staff are required to supervise children and young people in change rooms, group fitness rooms or consultation rooms, they should avoid:

• One-to-one situations with a child or young person.
• Using change rooms, group fitness rooms, and consultation rooms to undress while children and young people are present.

MRH Staff should:

• Ensure adequate supervision in group fitness rooms and consultation rooms when these are in use.
• Provide the level of supervision required to prevent abuse by members of the public, adult service users, peer service users, or general misbehavior while also respecting a child or young person’s privacy.
• Ensure via signage and other means that no mobile phones or cameras are permissible in change rooms, group fitness rooms, and consultation rooms, or in other areas owned, managed or operated by Macedon Ranges Health. This applies to Macedon Ranges Health-owned venues that are likely to be used by young people and are leased out to third-party organizations.

Transporting children

Children and young people are to be transported only in circumstances directly related to the delivery of Macedon Ranges Health programs and services (for example, transporting a work experience child or young person) and only with the permission of the child or young person’s parent/guardian.

Where transportation of a child or young person requires a MRH Staff to be one-on-one with that child or young person, it must be for the purpose:

• To remove a child or young person from harm or threat of harm, or
• To connect a child or young person during work hours with a service or program essential to their wellbeing.

In these cases, the MRH Staff member must advise the coordinator and/or a manager as soon as reasonably practicable of:

• The form of transport proposed, such as private car, public transport
• The reason for the journey
• The route to be followed, including any stops or side trips
• Details of who will be present during the journey

Use, possession or supply of alcohol or drugs

While on duty, MRH Staff must not:

• Use, possess or be under the influence of an illegal drug.
• Be incapacitated by alcohol or legal drugs such as prescription or over-the-counter medications that interfere with a person’s ability to care for children involved in a Macedon Ranges Health service or program.
• Supply alcohol or drugs (including tobacco) to children and young people participating in Macedon Ranges Health programs and services unless as a result of administering first aid.

Giving gifts

It is prohibited for MRH Staff to give personal gifts to children and young people to whom Macedon Ranges Health provides programs and services.

However, it is permissible to provide promotional or corporate gifts, such as a Macedon Ranges Health drink bottle, to children or young people visiting Macedon Ranges Health or a Macedon Ranges Health service as part of a group,. In this case, each child or young person in the group should receive the same items.

MRH Staff are to report receiving any gifts from children, their family, or parent/guardian using the Benetas gift giving register. The gift should be submitted to the manager for appropriate return to the person giving the gift.