Hi level Protection for St Stanislaus College Bathurst

2.         Introduction:

All organisations that care for and educate children and young people have major responsibilities towards them. Society has high expectations regarding these responsibilities.

As part of their particular mission, Catholic organisations have strong imperatives for committing themselves to fostering the well being of children and young people, and to protecting them from any form of neglect or abuse. This commitment extends to providing a safe environment for employees.

St Stanislaus’ College is committed to maintaining practices that create a culture of safety within which children and young people are supported and protected.  The creation of such a culture across the full community of the College inclusive of parents and friends is the most effective mechanism to prevent harm being perpetrated on children.  An important part of the maintenance and enhancement of this culture is the College Code of Conduct for employees which is set out elsewhere in Policies and Practices.  The child protection policy of St Stanislaus’ College seeks to maintain and enhance a culture of safety and to also put in place appropriate and comprehensive measures to respond to circumstances where children may be harmed or put at risk of harm.

To this end, we have processes in place to ensure that all NSW Child Protection legislative requirements are met.  Under the legislation in NSW, St Stanislaus’ College is a designated non-government agency.

3.            Statement of Principles

Within St Stanislaus’ College our approach to creating a safe environment and our procedures for responding to allegations and disclosure of reportable conduct or risk of significant harm of children and young people, are based on the following principles:

3.1          All children and young people have a right to safety and freedom from mistreatment of any kind.

3.2          All adults working with children and young people have a responsibility to care for them, to promote their well being and to protect them from risk of significant harm.

3.3          When any action is taken to prevent or respond to the mistreatment of a child, the welfare and well being of the child or young person are the primary concerns.

3.4          The integrity of the family unit is respected but not to the detriment of the child or young person.

3.5          The dignity of persons involved in situations where the mistreatment of a child is suspected or disclosed should be respected; they should be treated with sensitivity.

3.6          In the interests of justice, appropriate confidentiality should be maintained, with information that relates to suspected or disclosed mistreatment or reportable conduct or risk of significant harm being provided only to those who have a right and need to be informed.

3.7          In responding to any concerns about the possible mistreatment of children, the College seeks to facilitate matters being raised and addressed and dealing with such matters according to the principles of natural justice within the framework of the law.

4.            Legislative Requirements

                The policy and procedures of St Stanislaus’ College will be implemented in accordance with the following legislation:

5.            Definitions

5.1          Child or young person at risk of significant harm

As outlined in the table above, teachers and other persons working in designated professions have a mandatory obligation to report to the Department of Community Services circumstances where they form the belief that a child or a young person is at risk of significant harm.

(1)  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:

(a)  the child’s or young person’s basic physical or psychological needs are not being met or are at risk of not being met,

(b)  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,

(b1)  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,

(c)  the child or young person has been, or is at risk of being, physically or sexually abused or ill-treated,

(d)  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,

(e)  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,

(f)  the child was the subject of a pre-natal report under section 25 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.

Note. Physical or sexual abuse may include an assault and can exist despite the fact that consent has been given.

(2)  Any such circumstances may relate to a single act or omission or to a series of acts or omissions.

6.            Key Responsibilities

6.1          Headmaster

                6.1.1.     developing, disseminating and monitoring compliance of policies and processes.

                6.1.2.     regularly reviewing policies and procedures.

                6.1.3.     providing developmental opportunities and support for staff.

                6.1.4.     establishing and maintaining appropriate staff recruitment, selection and screening processes.

                6.1.5.     establishing and maintaining appropriate procedures for dealing with allegations of staff misconduct.

                6.1.6.     collaborating with other relevant agencies.

                6.1.7.     supporting other organisations by providing prevention programs.

                6.1.8.     providing information about child protection policies to parents and the community.

6.2          Deputy Headmaster, Boarding Director, Senior Administration Co-ordinators, Bursar, Counsellor

                6.2.1.     managing incidents in accordance with this policy and other relevant employer and statutory requirements.

reporting to DoCS any child reasonably expected of being at risk.

reporting to the employer allegations of child abuse against employees, which must ultimately be reported to the NSW Ombudsman’s Office.

                6.2.2.     providing appropriate opportunities for staff to become familiar with relevant child protection policies and procedures, along with their own relevant responsibilities.

                6.2.3.     providing a summary of the child protection policy and procedures to casual employees and authorised volunteers.

6.3          Employees

                6.3.1.     participating in training initiatives designed to assist the recognition of abuse and neglect of children and young people, and the implementation of relevant policies and procedures.

                6.3.2.     reporting to the Head of Agency or Deputy Headmaster any suspicion, on reasonable grounds, that a child or young person for whom the organisation is responsible, is at risk of significant harm.

                6.3.3.     providing support, within the range of normal duties, to children and young people who have experienced mistreatment.

                6.3.4.     maintaining appropriate confidentiality in relation to all incidents or allegations of reportable conduct or risk of significant harm of a child or young person.

                6.3.5.     providing information that has been lawfully requested to support child protection issues and procedures.

7.            Risk Assessment

Risk Assessment is the overall process of risk identification, risk analysis and risk evaluation.  It is proactive rather than reactive management.  A range of crucial policies are embraced by the school in areas such as anti-bullying, anti-harassment, excursion, code of conduct, recruitment and email and internet policies to reduce the risks to the wellbeing of children.  An area of particular risk at St Stanislaus’ College concerns the wellbeing of a large boarding community where boys from ages 12 to 18 are living away from home and the immediate contact of their parents and family friends.  To reduce risk for our boarding community, St Stanislaus’ College has embraced a range of policies and practices to protect the wellbeing of our boarders, these include:

the creation of open and public areas for interviews with children;

the regular education of our students aimed at empowering them to come forward quickly and confidently should they have concerns about actions or practices on the part of other students, staff or members of the general community;

a range of professional development activities which are regularly undertaken with staff to alert them to critical child protection issues;

parents and other stakeholders are encouraged to raise issues of concern with management that affect the wellbeing of our students;

the College Counsellor is organised to attend the College on two evenings per week to address the specific concerns of our boarding community;

a range of clear processes and procedures are implemented in the management of the boarding house to safeguard the interests of our boarders.  Such processes include matters such as day leave provisions, overnight leave provisions, who is authorised to enter dormitory spaces, the expectations on how the teaching staff ought to relate to boarders outside of day school hours and a range of other specific matters.

8.            Investigation Processes

The investigation process at St Stanislaus’ College is informed by the detailed process outlined in the publication of the NSW Ombudsman, ‘Child Protection in the Workplace.  Responding to Allegations Against Employees (June 2004 3rd Edition), Section 5’.  Copies of this publication may be found in the Teaching Staff Common Room, the Boarding Centre, the Business Office, from the Headmaster’s Duty Secretary, from the Office of the NSW Ombudsman and from the website www.ombo.nsw.gov.au.

9.            Documentation and Record Keeping

9.1          All documents relating to all allegations against employees are confidential.

9.2          Information regarding notifications to the Ombudsman are kept indefinitely and are stored in a secure location separate to the employee’s record file.

9.3          At agency level, the person responsible for keeping and storing the records is Headmaster’s Duty Secretary.  The following persons will have access to the records – persons specifically delegated by the Headmaster.  These are persons who need to know about the allegation and have an entitlement to access.

10.          Rights of all Parties

10.1        The decision making processes are in place to ensure the safety and the well being of children and employees during the investigative process.

10.2        Any allegation or conviction of reportable conduct will be forwarded to the Ombudsman (for employees of designated agencies, this also includes any allegations or convictions for reportable conduct outside work hours).

10.3        Employees’ rights will be upheld in the event of an allegation being made against them; for example:

Completing an investigation of an allegation against an employee. The head of agency will inform the employee of the substance of any allegation against them and provide the employee with a reasonable opportunity to put their case forward (The head of agency will decide the timing and the particular form this will take, ensuring the investigation is not compromised);

If the finding is adverse, the employee will be allowed to add a dissenting statement.

10.4        Employees and parents have the right to complain to the Ombudsman if they are not satisfied with the agency’s response to their complaint about the outcome or the way the agency investigation was conducted.

Acting fairly and without bias

Conducting an investigation without undue delay

Ensuring that the case is not investigated or determined by someone with a conflict of interest

Encouraging all parties to maintain confidentiality during the investigation

Ensuring that the outcome is supported by evidence.

11.          Support Available

11.1        Children who are involved or affected in any way will be supported through the school’s pastoral care arrangements, with special support being provided by the Class Teachers, Tutors, the Senior Administration Co-ordinators, the nursing staff, the School Counsellors, the Deputy Headmaster and the Headmaster.

11.2        Employees who have received disclosures, or who have been the subject of allegations, will be offered appropriate and timely support by the School Counsellors and/or an external and independent counsellor referred by the school for consultations.

12.          Target Groups in the Community

                Within St Stanislaus’ College, the community of boarding students need special consideration in the event that an allegation affecting a boarding student is made.  This group is in need of special consideration because members of this community typically do not have day to day immediate and physical contact with their parents.  In this context the College has a particular duty to ensure that parents or guardians are as quickly empowered to offer support to their sons or charges wherever appropriate and possible.

13.          Processes to be followed at St Stanislaus’ College in the event of any employee receiving information of behaviours by employees which may constitute a reportable allegation

a.            Any employee of St Stanislaus’ College receiving or becoming aware of information that may constitute a reportable allegation is required to report that information promptly to the Headmaster of St Stanislaus’ College.  The report would normally be made in person and should be confirmed by email to headmaster@stannies.com.  In the absence of the Headmaster, the information should be reported to one of the following persons who is obliged to then report the information to the Headmaster at the first available opportunity: in the Boarding School the Boarding Director or the Duty House Parent and in the Day School the Deputy Headmaster or one of the Senior Administration Co-ordinators. 

b.            On receiving information which may constitute a reportable allegation, the Headmaster or in his absence the Deputy Headmaster, will in conformity to the legislation promptly decide whether or not, on the face of the information provided, the matter is reportable to the Ombudsman. The Headmaster may seek to clarify the nature of the alleged behaviour with the person or persons making the allegation at the time the allegation is made in order to assist with determining whether the matter is reportable.  (See Section 3.4 of the document Child Protection in the Workplace produced by the NSW Ombudsman).  The Headmaster should ensure that a record is kept of the words used by the person or persons making an allegation with this record to be included in any subsequent investigation or enquiry related to the receipt of the information. 

c.             If on the face of it:

·         the alleged behaviour was reasonable for the purposes of discipline, management or care of children and in line with St Stanislaus’ code of conduct, then the matter is not reportable to the Ombudsman but needs to be recorded by the Headmaster and dealt with as a complaint;

·         the alleged behaviour involves the use of physical force that, in all the circumstances, is trivial or negligible, then the Headmaster should cause the matter to be investigated and the result of the investigation recorded under St Stanislaus’ employment procedures, or

·         the alleged behaviour constituted reportable conduct, ie sexual offences, sexual misconduct, assault, ill-treatment, neglect or behaviour that causes psychological harm, then the Headmaster must ensure that the reportable allegation is reported to the Ombudsman within 30 days of the Headmaster becoming aware of the allegation.  The Headmaster will notify the Ombudsman by completing Part A of the notification form produced by the Ombudsman and cause the notification form to be forwarded by registered mail, hand delivery or courier.

·         the alleged behaviour involves a child being ‘at risk of significant harm’.  In the event that a child is at risk the Headmaster is required to cause a report to be promptly made to the Helpline of the Department of Community Services.

·         the alleged behaviour constitutes possible criminal behaviour.  In circumstances where the behaviour may involve criminality, the Headmaster must promptly report details of the allegation to the NSW Police Force. 

d.            In the event that a reportable allegation is also being investigated by the Department of Community Services or the NSW Police, the Headmaster is required to liaise and co-ordinate with DOCS or the NSW Police regarding roles and responsibilities.  The Headmaster should seek advice from the investigating officers from these bodies before St Stanislaus’ College takes any action that may jeopardize the investigation or the safety of any witnesses.

e.            Whether a concurrent investigation occurs with the Department of Community Services or the NSW Police or whether an agency only investigation occurs, the Headmaster must ensure that an appropriate risk assessment takes place that assesses any risks posed by the employee to children in the care of St Stanislaus’ College and take any necessary interim action to ensure the safety and wellbeing of the children including whether the employee’s duties need to be changed during any investigation process. 

f.             In the event that a reportable allegation has been received, following the risk assessment and the completion of the Part A of the Ombudsman notification form within 30 days of the Headmaster becoming aware of the allegation, the Headmaster is required to put in place an investigative process that complies with that outlined in Section 5 of the Child Protection in the Workplace document (June 2004) produced by the Office of the NSW Ombudsman.  In the event that the investigation will be conducted internally, the Headmaster will appoint to the investigation team staff members who have completed appropriate inservices to accredit them to complete such investigations.  Normally within the school the Senior Administration Co-ordinators and the Director of Boarding would be so accredited.  In certain circumstances the Headmaster may decide to use an independent investigator and should this be the case the school will follow the advice set down under 5.3 of the document “Child Protection in the Workplace”.

g.            After the investigation has complied with the requirements set out in section 5 of the document “Child Protection in the Workplace”, the investigators should present all the material in writing to the Headmaster for a decision to be made on the matter.  This includes all of the information gathered, both in support of and not in support of, the allegation against the employee.  The investigators should make clear recommendations to the Headmaster based on the requirements of the Ombudsman Act.  The recommended finding should comply with the requirements outlined in 5.12.5 of the document “Child Protection in the Workplace”.  The Headmaster is required then to make a decision as to whether we accept or reject the outcome of the investigation and any recommendations made by the investigator.  Prior to making a finding, the fundamental requirement is that there should be an appropriate investigation of the allegation and procedural fairness for the employee. 

h.            Once the Headmaster has come to a conclusion on the basis of the report from the investigators, relevant persons should be advised in writing as set out in 5.12.5 of the document “Child Protection in the Workplace”.  In the event that a finding is sustained, the letter to the employee should indicate that this finding is a preliminary finding and invite the employee to make comment on the preliminary finding.  The employee’s responses should be considered by the Headmaster prior to any sustained finding being confirmed.  Any actions with respect to the making of a finding should be in accord with guidelines set out in section 5.12.6 of the document “Child Protection in the Workplace”.  The Headmaster is responsible for sending the final report and the results of the Agency Investigation to the Ombudsman. 

14.          What happens if an allegation is made against the Head of Agency?

In any case where information is received or a complaint is made against the Head of Agency that may need to be considered as a reportable allegation, the information should be referred to the Deputy Headmaster.  The Deputy Headmaster should then advise the Office of the NSW Ombudsman that such an allegation has been made and then refer the information or complaint to the Catholic Commission for Employment Relations Child Protection Unit to process the information or complaint in terms of section 3 and section 5 of the document “Child Protection in the Workplace”.  The Deputy Headmaster should also advise the Chair of the Board of Directors of this referral. 

15.          Record Keeping

Record keeping concerning allegations is a crucial aspect of the Child Protection System operating at St Stanislaus’ College.  The Headmaster’s Duty Secretary is the delegated person within the Agency to maintain an accurate record of the details of an allegation, the subsequent risk assessments, the investigation and the action taken.  These records are treated as highly confidential and must be kept securely and permanently.  Records relating to information concerning allegations against an employee are required to be kept on a file separate to the employees personnel file.

16.          Employment Screening

For information about how St Stanislaus’ College discharges its duty to employment screen, please see the separate policy on Recruitment Procedure.

17.          Reporting to the Department of Community Services a child or young person at Risk of significant Harm

                Any employee at St Stanislaus’ College who believes they have reasonable grounds to suspect that a child is ‘at risk of significant harm’, is required to ensure that such information is reported to the Department of Community Services.  At St Stanislaus’ College any employee who has reasonable grounds to suspect that a child is ‘at risk of significant harm’ should report such information promptly to the Headmaster who will then make a report to the DOCS Helpline.  Section 23 of the Children and Young Persons (Care and Protection) Act outlines the circumstances under which a child or young person could be considered to be ‘at risk of significant harm’.  Section 3.12 of the document “Child Protection in the Workplace” provides a summary outline of these reporting requirements.

18.          Notification to the Commission for Children and Young People about completed relevant employment proceedings

The Headmaster is responsible for notifying the Commission for Children and Young People about completed relevant employment proceedings at St Stanislaus’ College Bathurst as per the requirements of the Commission for Children and Young People Act 1988.  Guidelines for such notifications are set out in 1.4.3 of the document “Child Protection in the Workplace”.

19.          Helplines

·         Child Protection Helpline 132 111 or 133 627 (Mandatory Reporters)

·         Kids Helpline 1800 551 800 or www.kidshelpline.com.au

·         Beyondblue info line 1300 22 4636

·         www.youthbeyondblue.com

·         Headspace, 253 George St, Bathurst. Phone 6338 1100 or www headspace.org.au

20.          Supporting Documentation

·         NSW Ombudsmen “Child Protection in the Workplace – Responding to Allegations Against Employees”, NSW Ombudsmen June 2004

·         NSW Ombudsmen “Making a Finding – Practice Update 1/2010”, NSW Ombudsmen January 2010

·         Website NSW Ombudsmen www.ombo.nsw.gov.au

·         CCYP, “Working with Children Employer Guidelines”, CCYP February 2010

·         NSW Commission for Children and Young People Website www.kids.nsw.gov.au

·         NSW Inter-Agency Guidelines, “Making a Child Protection Report. What to do when Children and Young People are at risk of significant harm.” NSW Government December 2009

21.          Review Date

Date of policy: November 2009

Date for review of policy: December 2010/January 2011 or when Legislation, Regulation or need necessitates an earlier review.

Person responsible for reviewing the policy: The Headmaster