Benetas Child Safe Policy

Purpose

The Benetas Child Safe Policy demonstrates our strong commitment to child safety and wellbeing and to creating and maintaining a child safe and child-friendly environment at Macedon Ranges Health. It provides an overview of the policies and practices that we have developed to keep children and young people safe, including from abuse or other harm.

Our Child Safe Policy outlines the key elements of our approach to implementing the Victorian Child Safe Standards and to Macedon Ranges Health as a child safe organisation.

It informs the Macedon Ranges Health community about everyone’s obligations to act safely and appropriately towards children and young people and guides the policies, processes and practices for the safety and wellbeing of children and younger persons across all areas of our work, which are set out in the Macedon Ranges Health Child Safe Program.

The Child Safe Policy is to be read and understood in conjunction with the Victorian Child Safe Standards.

Victoria's Child Safe Standards

The 11 Child Safe Standards:

• Standard 1 - Establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued.
• Standard 2 - Ensure that child safety and wellbeing is embedded in organisational leadership, governance and culture.
• Standard 3 - Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.
• Standard 4 - Families and communities are informed and involved in promoting child safety and wellbeing.
• Standard 5 - Equity is upheld and diverse needs respected in policy and practice.
• Standard 6 - People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
• Standard 7 - Ensure that processes for complaints and concerns are child-focused.
• Standard 8 - Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
• Standard 9 - Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
• Standard 10 - Implementation of the Child Safe Standards is regularly reviewed and improved.
• Standard 11 - Policies and procedures document how Benetas is safe for children and young people.

The Child Safe Policy provides the framework for:

• the implementation of the Victorian Child Safe Standards
• the development of work systems, practices, policies and procedures, that promote child protection, safety and wellbeing at Macedon Ranges Health
• the creation of a safe and supportive environment and a positive and robust child safe culture at Macedon Ranges Health; and
• the promotion and open discussion of child safety issues, compliance with all laws, regulations and standards relevant to child safety and wellbeing, including child protection, in Victoria.

Scope

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

Child Safety Program Key definitions

Macedon Ranges Health (MRH) Staff  

Macedon Ranges Health (MRH) MRH Staff is used throughout this policy to include all those identified as being covered by the Scope of the policy.

Safeguarding 

‘Safeguarding’ is the term used to describe measures to protect the health, wellbeing and human rights of individuals. This allows children and young people to live free from abuse, harm, neglect or exploitation. Safeguarding includes preventing, reporting and responding to harm or abuse of children and young people involved with Macedon Ranges Health activities by Macedon Ranges Health employees, contractors and volunteers.

Child Safety Incident or Concern – Child Abuse

A child safety incident or concern means an incident of, or a concern about, child abuse as defined in the Child Wellbeing and Safety Act 2005 (CWS Act) which includes:

• any act committed against a child involving:
  • a sexual offence against a child
  • the criminal offence of grooming (which includes grooming of a child or of a person with care, supervision, or responsibility for the child with the intention of facilitating the child being engaged or involved in the commission of a sexual offence)
• the infliction, on a child, of physical violence or “serious” emotional or psychological harm the child being engaged or involved in the commission of a sexual offence 
• the infliction, on a child, of physical violence or “serious” emotional or psychological harm

Child Safety Incident or Concern – Serious neglect of a child

A child safety incident or concern means an incident of or a concern about the serious neglect of a child, including exposure to family violence and its effects a child being in need of protection as defined in the Child, Youth and Families Act 2005 (Vic) (CYF Act). This includes:

• abandonment of the child by their parents and no other suitable person can be found who is willing and able to care for the child
• the child’s parents are dead or incapacitated and no other suitable person can be found who is willing and able to care for the child
• significant harm as a result of physical injury, from which the child’s parents have not or are not likely to protect the child
• significant harm as a result of sexual abuse (including likely future sexual abuse as a result of grooming), from which the child’s parents have not or are not likely to protect the child
• significant emotional or psychological harm, from which the child’s parents have not or are not likely to protect the child
• significant neglect by the child’s parents

Child Safety Incident or Concern – Reportable Conduct

Reportable conduct is conduct by an employee, volunteers or contractor (whether in the course of their employment or not) involving:

• a sexual offence committed against, with or in the presence of, a child, whether or not a criminal proceeding about the offence has been commenced or concluded
• sexual misconduct, committed against, with or in the presence of, a child
• physical violence committed against, with or in the presence of, a child
• any behaviour that causes significant emotional or psychological harm to a child

The Reportable Conduct Scheme (the Scheme) requires Benetas to respond to allegations of child-related misconduct made against Macedon Ranges Health MRH Staff (employees, contractors and volunteers) and report any allegations to the Commission for Children and Young People (the Commission).

Responding to a Child Safety Incident or Concern

Benetas fosters a culture that encourages everyone within Benetas and in particular at Macedon Ranges Health to raise concerns and complaints about child safety and wellbeing.

Benetas has clear pathways for reporting child safety incidents and raising complaints and concerns set out in our:

• Child Safety Complaints Handling Procedure
• Reporting Child Safety Incidents or Concerns Procedures.

Benetas will take appropriate, prompt action in response to all child safety incidents or concerns, including suspicions, allegations or disclosures of abuse or other harm, that are reported internally by MRH Staff. The response will include:

• externally reporting all matters that meet the required relevant thresholds to
• Child Protection (Mandatory Reports),
• the Police (Mandatory Reporting of Child Sexual Abuse), and
• the Commission (Reportable Conduct).
• fully cooperating with any resulting investigation by an external agency
• protecting any child or younger person connected to the child safety incident or concern until it is resolved and providing ongoing support to those affected
• taking particular measures in response to child safety incidents or concerns about an Aboriginal or Torres Strait Islander child or young person, or a child from a culturally and linguistically diverse background, with a disability, and other vulnerable children (such as a child who is unable to live at home or who identify as lesbian gay, bisexual, transgender or intersex)
• sharing information with, or requesting information from, external people or agencies as permitted or required under the Child Information Sharing and/or the Family Violence Information Sharing Scheme
• securing and retaining records of the child safety incident or concern

Child Safety Officers

Benetas has clear pathways for reporting child safety incidents and raising complaints and concerns set out in our

• Child Safety Complaints Handling Procedure and
• Reporting Child Safety Incidents or Concerns Procedures.

All child safety incidents or concerns must be reported internally to a Child Safety Officer, General Manager Community Health & Care or through the Whistleblower Program.

Benetas has appointed one or more Child Safety Officers. They are the first point of contact for most situations involving child safety incidents or concerns. They can assist in clarifying the reporting obligations and managing the next steps.

While children and young people who participate in programs and services with Macedon Ranges Health can also talk to Child Safety Officers if they have a child safety concern, Benetas does not place any limits on to whom or the ways in which those children or young people can disclose child safety incidents or concerns. Children or younger people therefore may raise child safety incidents or concerns, including inappropriate behaviour by MRH staff, via any means.

Mandatory Reporting to Child Protection

Although everyone has a moral and social responsibility to report concerns about child abuse or other harm, some professionals are legally required to make a report to the Department of Families, Fairness and Housing (Child Protection). These people are called Mandatory Reporters.

Mandatory Reporters must make a Mandatory Report to Child Protection if, during the course of their professional work or carrying out duties of their office, position or employment they form a belief on reasonable grounds that a child (aged under 17) is in need of protection because of significant harm as a result of physical injury or sexual abuse. Mandatory Reporters must make a Mandatory Report each time they become aware of any further reasonable grounds for this belief.

At Macedon Ranges Health, the following people are Mandatory Reporters:

• Registered Nurses;
• Allied Health Professionals including counsellors and psychologists

Failure to Disclose

Victorian law requires that any person aged 18 or over (whether in Victoria or elsewhere) who forms a reasonable belief that a sexual offence has been committed in Victoria by an adult against a child (aged under 16) must report that information to the Police as soon as it is practicable to do so, unless the person has a reasonable excuse for not doing so.

We call this “Mandatory Reporting (of Sexual Offences against Children) to Police”. Failure to do this is a criminal offence known as “Failure to Disclose”.

Child Safety Codes of Conduct

Link to page

The Child Safety Codes of Conduct set expectations and boundaries for appropriate behaviours between adult MRH Staff and children receiving services and participating in programs through Macedon Ranges Health, including in physical, online and virtual environments.

The MRH Child Safe Code of Conduct and MRH Staff Professional Boundaries, together, make up the Child Safety Codes of Conduct.

We publish our Child Safety Codes of Conduct on our Benetas and MRH Public website.

Recruitment and Screening

Macedon Ranges Health applies best practice standards in the recruitment and screening of MRH Staff, to engage the most suitable and appropriate people to work with our child or young persons. Our practices include:

• making our commitment to child safety and wellbeing clear in recruitment advertising, selection and documentation
• requiring all MRH Staff to maintain a valid Working with Children Check (WWCC), and sighting, verifying and recording this information
• using additional selection, background checking and screening processes that take into account child safety considerations.

Training on and Information about Child Safety

As a part of MRH induction process, all MRH Staff must complete our child safety induction program, which includes information about our child safety policies, practices and procedures. Refresher and ongoing child safety training is conducted at least annually.

Our child safety induction and ongoing training program includes information about:

• this Benetas Child Safe Policy
• MRH Child Safe Code of Conduct
• MRH Staff Professional Boundaries Policy
• our procedures for responding to and reporting child safety incidents or concerns, the Child Safety Complaints Handling Procedure and Reporting Child Safety Incidents or Concerns Procedures
• our policies and procedures for information sharing and record keeping
• Working with Children (WWC) clearance and other child safety human resources practices
• recognising child abuse and other harm and identifying key indicators

Ongoing Supervision, Management and Support

The MRH Child Safety Officer and Community Health and Care Senior Leadership Team provide supervision and support to all MRH Staff to ensure that they are compliant with the Benetas approach to child safety and wellbeing. Our child safety supervision and support program includes:

• annual performance reviews for all MRH Staff members
• appointing a supervising MRH Staff member to Direct Contact Volunteers/Contractors and to those Regular Volunteers/Contractors who are engaged in “child-connected work”
• professional development programs for MRH Staff that include child safety education.

Child Safety Risk Management

Benetas recognises the importance of a risk management approach to child safety and to minimising the risk of harm to children and young people without compromising their rights to privacy, access to information, social connections and learning opportunities.

Macedon Ranges Health will take a risk management approach by preventing, identifying and mitigating risks to children and young people. Any risks identified in complaints, reports, or abuse allegations will be reviewed and incorporated into the relevant risk register.

The MRH Child Safety Risk Management Strategy includes following elements:

• All identified risks of child abuse are actively reduced by designing and implementing appropriate preventative measures.
• Risk management plans are documented for all existing and new activities and facilities.
• MRH Staff are made aware of their responsibility for identifying risks of child abuse and their obligation to work with management on reducing those risks.
• Risk management plans are living documents that are updated as required, referred to regularly, and reviewed periodically.

Child Safety Privacy and Information Sharing

Benetas is committed to protecting an individual’s right to privacy. All personal, sensitive and health information collected during the process of a report or investigation will be administered and handled in accordance with Benetas’ privacy obligations, the Child Wellbeing and Safety Act 2005 (Vic) and legislated Mandatory Reporting and information-sharing requirements.

Information will be used and disclosed only as necessary to meet the purposes outlined in this Policy and as authorised by law.

Our Child Safe Policy prohibits all MRH Staff from discussing any concerns or allegations with unauthorised personnel within or outside Macedon Ranges Health, such a prohibition not being designed to limit, in any way, their rights and responsibilities to report their concerns or allegations, but instead as part of our organisation's commitment to ensuring privacy, confidentiality and natural justice-making deliberately false, misleading or vexatious allegations. The Public Interest Disclosures Act 2012 will prevail in any situation whereby reporting of MRH Staff has occurred.

Child Safety Record Keeping

Benetas is committed to best practice when securely maintaining confidential records of Reportable Allegations. Benetas will record and store the following types of documentation:

• documents that may assist with the investigation of a complaint or safety concern
• the resolution of complaints, including findings made, the reasons for the decision and actions taken
• documents integral to an inquiry, even if the investigation did not substantiate the complaint.

All personnel are responsible for ensuring that records are managed under this Policy and Benetas data security and confidentiality requirements.

Child Safe Program and Practice Review

Benetas is committed to the continuous improvement of the policies and procedures making up our entire MRH Child Safety Program. We review the Program as a whole every three years (or earlier if a significant child safety incident occurs or legislation changes) for overall effectiveness and to ensure compliance with all child safety and wellbeing related laws, regulations and standards.

Child Safety Responsibilities at Benetas

Benetas Board and Executive

• championing and promoting a child safe culture within Benetas and approving our Child Safety Program, including this Benetas Child Safe Policy and the Child Safety Codes of Conduct
• ensuring that MRH and associated Benetas support functions has appropriate resources to effectively implement the Victorian Child Safe Standards
• participate in child safety and wellbeing induction and ongoing training provided by Benetas

General Manager Community Health and Care

• meeting specific obligations under the Reportable Conduct Scheme. 
• taking all practical measures to ensure that this Benetas Child Safe Policy and the MRH Child Safety Program is implemented effectively and followed.
• ensuring that a strong and sustainable child safe culture is maintained within MRH including:
• modelling the MRH Child Safe Code of Conduct, and reinforcing high standards of child safe behaviours between adults and children
• promoting regular and open discussion of child safety and wellbeing issues within MRH
• facilitating regular professional learning for MRH Staff about child safety, cultural safety, child or young person wellbeing and preventing and responding to child safety incidents and concerns
• creating an environment where child safety incidents, concerns and complaints are readily raised with MRH and where no one is discouraged from reporting child safety incidents or concerns to relevant external authorities.

Child Safety Officer/s

One or more Benetas employees are nominated as a Child Safety Officer. Child Safety Officers receive additional specialised training with respect to child safety and wellbeing, including but not limited to child Safety issues. They are a point of contact for raising child safety concerns within MRH They are also responsible for championing child safety within MRH and assisting in coordinating responses to child safety incidents. 

The Child Safety Officer Position Description outlines the role, responsibilities and accountabilities and is reviewed annually by General Manager Community Health and Care.

Our Child Safety Officers are:

Sarah Fair	Operational Manager Macedon Ranges Health	Benetaschildsafetyofficer@benetas.com.au
Jane Collopy	Head of Quality & Safeguarding	Benetaschildsafetyofficer@benetas.com.au

Macedon Ranges Health (MRH) Staff

All MRH Staff are required to comply with the Benetas Child Safe Policy, our Child Safety Program and understand their legal obligations with respect to the reporting of child abuse and other harm.

It is each individual’s responsibility to be aware of key indicators of child abuse and other harm, to be observant, and to raise all child safety incidents and concerns with a Child Safety Officer.

All MRH Staff must:

• participate in child safety and wellbeing induction and ongoing training provided by Benetas
• follow the Benetas child safety and wellbeing policies and procedures in the Child Safety Program
• act in accordance with the MRH Child Safety Codes of Conduct
• identify and raise child safety incidents and concerns in accordance with our Child Safety Complaints Handling Procedure and Reporting Child Safety Incidents or Concerns Procedures
• ensure children and younger peoples’ views are taken seriously and their voices are heard when making decisions that affect them
• implement inclusive practices that respond to the diverse needs of children and young people.

Implementation

The Benetas Child Safe Policy is published on the Benetas and MRH website. It is provided to MRH Staff at their induction or prior to them commencing their work or volunteering at Benetas.

Breach of the Benetas Child Safe Policy

Benetas enforces this Benetas Child Safe Policy. 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 Benetas Child Safe Policy may result in disciplinary action as set out in our Disciplinary Policy, Employee Complaints and Grievance Policy, Enterprise Agreements 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 Benetas Child Safe Policy.

Policy Review

A review of the Benetas Child Safe Policy is undertaken every three years or earlier if required, such as if a significant child safety incident occurs at MRH or due to changes in legislation.

The General Manager Community Health and Care is responsible for ensuring that this Policy is reviewed and updated as needed and for presenting to the Board for approval.