YMCA SOUTH AUSTRALIA Safeguarding Children / Young People and

Transcription

1 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy YMCA SOUTH AUSTRALIA Safeguarding Children / Young People and other Vulnerable People Policy Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

2 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy Staff Members & Volunteers takes very seriously its legal and moral responsibilities to protect all children/young people and other vulnerable people who use its facilities and services. It is a condition of the commencement of your employment (including voluntary service) with YMCA South Australia that you have read this policy and related policies (Appendices 1 8), and understand them. Additionally, that you agree to act in accordance with them at all times during your employment or voluntary service with. You are required to sign the statement on p. 17, acknowledging your acceptance and understanding of this policy and related policies and information (Appendices 1 8). Please then detach the page and provide it to your manager who will witness and acknowledge your signature by counter-signing it and then forward copies to yourself and the YMCA SA Head Office where it will be placed on file. Please note that your salary payments cannot commence until the signed and witnessed statement has been lodged at Head Office and a copy placed on your personnel file. Please keep this copy of the policy and frequently refer to it to refresh your memory. Haydn Robins Chief Executive Officer (on behalf of the Board) May 2015 Note: Directors are required to read and sign acceptance of this policy and related policies and information (Appendices 1 8). Signed statements are to be witnessed and countersigned by the President or, in her / his case, by a Vice President, and placed on file in the YMCA SA Head Office. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

3 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy Table of Contents Page 1. Policy Statement 1 2. Definitions 1 3 Policy Principles 1 4. Roles and Responsibilities Board of Directors Chief Executive Officer Managers and Supervisors (staff and volunteers) 5 5. Management of Suspected Incidents of Abuse by a Staff Member, Volunteer or Program Participant 5 6. Responsibilities of Staff and Volunteers 7 7. Responsibilities to Parents and Families 8 8. Relevant Legislation and Regulations 6 9. Safeguarding Children/Young People and other Vulnerable People Policy Staff and Volunteer Confirmation and Acceptance Form 8 APPENDICES (SUPPORTING POLICIES & INFORMATION) 1. Mandatory Reporting. 2. Child, Young and Other Vulnerable People Safety Code of Conduct. 3. Recruitment and Screening Policy (Directors, Staff and Volunteers). 4. Positive Behaviour Guidance Policy. 5. Membership, Enrolments and Facility Hire Policy. 6. Roles and Responsibilities of Board Directors. 7. Roles and Responsibilities of CEO/Managers. 8. Roles and Responsibilities of Staff and Volunteers. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

4 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 1. POLICY STATEMENT recognises that all children/young people and other vulnerable people have the right to develop and reach their potential in environments that are caring, nurturing and safe. considers that any form of abuse, inclusive of emotional, physical, sexual abuse or neglect is intolerable under any and all circumstances. has a legal, moral and mission-driven responsibility to protect children/young people and other vulnerable people from harm and to ensure that any incidents of suspected mistreatment or abuse are promptly and appropriately dealt with. directors, executive and other managers, staff and volunteers have a duty of care to ensure that all who access s owned and operated facilities, programs, and services are provided with a safe, open and honest environment that protects children/young people and other vulnerable people, and those who work with them. staff and volunteers (including directors) are required to adhere to this policy at all times and are expected to be pro-active in identifying new opportunities to improve it, related policies, workplace and program/service procedures and practices, and to otherwise seek to eliminate and minimise the risk of harm to children/young people and other vulnerable people in their care. acknowledges the YMCA Australia Safeguarding Children and Young People national policy adopted at the National Convention, 30 November Adopted as a National Policy it acts as an overarching and supporting document to s active Safeguarding Children / Young People and Other Vulnerable People policy. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

5 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 2. DEFINITIONS Child / Young Person: means every human being below the age of eighteen years, unless under applicable law, majority is attained earlier (Convention on the Rights of the Child, United Nations Article 1). Other Vulnerable People: means people over the age of 18 who are or may be unable to take care of themselves or protect themselves against significant harm or exploitation by reason of mental or other disability, age, illness or English language proficiency (adapted from Closing the Gaps: Enhancing South Australia's Response to the Abuse of Vulnerable Older People, Office of the Public Advocate in collaboration with University of South Australia, 2011). Child Abuse: is an act by a parent, caregiver, other adult or peer (older adolescent) who, by virtue of their age, power, responsibility or authority, endangers a child/young person s health or development. Abuse can by physical, emotional and/or sexual. It can also encompass neglect, bullying and the witnessing of family violence. Abuse can be a single incident but more commonly involves a relationship that takes place over time. Definitions of Abuse Sexual Abuse Sexual abuse is any act in which a person with power or authority over a child (female or male) uses a child for sexual gratification. An abuser can be an adult, adolescent or older child. Sexual abuse spans a range of contact and non-contact behaviour. Non-contact behaviour includes: Making sexual comments (in person, in letters, or by telephone, text messages or ) Voyeurism including commenting on physical attractiveness Exposing a child to pornography Nudity an abuser exposing parts of their body or the child s body. Contact behaviour includes: Fondling or kissing Sexual penetration Exploiting a child through prostitution Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

6 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy Physical Abuse Physical abuse occurs when a parent or caregiver subjects a child to non-accidental physically aggressive acts. The abuser may inflict an injury intentionally or inadvertently as a result of physical punishment or the aggressive treatment of a child. Physically abusive behaviour includes (but is not limited to); shoving hitting slapping shaking throwing punching biting burning kicking bullying Emotional or Psychological Abuse Emotional or psychological abuse occurs when a caregiver or parent repeatedly rejects or threatens a child. Often there is a pattern of emotional or psychological abuse, rather than a single incident. Such abuse may involve humiliating, terrorising, name-calling, belittling, bullying, inappropriate symbolic acts or continual coldness from the caregiver or parent, to an extent that results in significant damage to the child s physical, intellectual or emotional wellbeing and development. Neglect Neglect occurs when a parent or caregiver fails to provide a child, young person or vulnerable person with the basic necessities of life. Such neglect includes the failure to provide adequate food, clothing, shelter, medical attention or supervision to the extent that the child s health and development is, or is likely to be, significantly harmed. Witnessing Family Violence Witnessing family violence is a specific form of emotional or psychological abuse. Family violence is defined as violence between members of a family or extended family or those fulfilling the role of family in a child or young person s life. Exposure to family violence places children, young people and other vulnerable people at increased risk of physical injury and harm and has a significant impact on their wellbeing and development. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

7 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy We expect all within our organisation, regardless of their role or level of responsibility, to act in safeguarding the children, young people and other vulnerable people from such harm by: adopting the practices and behaviour we have set as our standard when carrying out their roles, and reporting any abuse or neglect of which they become aware to our management and/or to external authorities responsible for child protection or to police, regardless of whether that abuse is being perpetrated by personnel within our organisation, or by those outside our organisation including those from the child s family, extended family, their family s extended network or strangers. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

8 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 3. POLICY PRINCIPLES 3.1 The safety of children/young people and other vulnerable people is paramount. They need to know and believe that they have the right to be safe at all times, and they need to consistently experience this right. 3.2 Child abuse and abuse of young and other vulnerable persons is abhorrent and illegal and must never be tolerated or ignored. 3.3 Staff and volunteers who care for children, young and other vulnerable people in operated facilities, programs and services must act in the best interests of children/young people and other vulnerable people and take all reasonable steps to ensure their safety. 3.4 The Board is legally and morally responsible for ensuring that appropriate policies and practices are in place to minimise, if not eliminate, the risk of abuse of children/young people abuse and of other vulnerable people, and to appropriately respond to any allegations of abuse or mistreatment. 3.5 s Safeguarding Policy is supported by a set of related policies (Appendices 1-8) that form the minimum licensing standard in the area of child protection. supports these by maintaining and documenting induction and ongoing training for its staff (incl. volunteers) in the area of child protection, and through the Board s active commitment to resourcing and evaluating safeguarding policies, strategies and practices. 3.6 The CEO is accountable to the Board for ensuring that the Safeguarding Children/Young People and other Vulnerable People Policy, and any related policies, as well as any decisions the Board may take in relation to the protection of children/young people and other vulnerable people from time to time, are appropriately implemented, monitored, reported on, evaluated and improved. 3.7 The CEO is responsible for ensuring that significant changes to relevant legislation and regulations are promptly brought to the Board s attention, reflected in this Safeguarding Policy and related policies, and adhered to. 3.8 The CEO is responsible for ensuring that incidents of suspected mistreatment or abuse are promptly reported to the Board Executive and/or any Child Protection Committee established by the Board. The CEO is required to fully cooperate with Families SA, South Australian Police (SAPOL) and other Australian state/federal government agencies in their investigations of suspected abuse. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

9 Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 3.9 Managers and supervisors are accountable to the CEO for ensuring YMCA South Australia s Safeguarding Children/Young People and other Vulnerable People Policy, and related policies, procedures and practices are effectively implemented, monitored and reported on within their designated areas of responsibility Any person(s) against whom an allegation of abuse has been made must be accorded confidentiality and sensitivity whilst investigations proceed. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

10 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 4. ROLES AND RESPONSIBILITIES 4.1 Board of Directors The Board is legally and morally responsible for ensuring that appropriate policies and practices are in place to minimise, if not eliminate, the risk of child/young persons abuse and abuse other vulnerable persons, and to appropriately respond to any allegations of abuse that arise Following accreditation and in any case, the Board is responsible for maintaining adherence to the Australian Childhood Foundation s accreditation standards in all area, including; 1. Organisational commitment to safeguarding children 2. Personnel roles and conduct 3. Recruitment and screening 4. Personnel induction and training 5. Involving children and parents 6. Child abuse reports and allegations 7. Supporting a child safe culture Refer Appendix 6 Roles and Responsibilities of Board Directors The board in conjunction with the CEO is responsible for ensuring the Safeguarding Policy is annually reviewed with stakeholders. It is the responsibility of the Board, and of individual directors, to promote the rights and protection of children/young people and other vulnerable people, and to promptly respond to any advice received from the CEO or other sources concerning significant changes to relevant legislation and regulations. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

11 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy Individual directors are accountable to themselves, the Board, and YMCA South Australia Voting Members for their behaviour and communications, and are expected to always act in ways that do not call into question their commitment to the safeguarding of children/young people and other vulnerable people generally or to this Safeguarding Children/Young People and other Vulnerable People Policy No individual is to be appointed, elected or re-elected to the Board unless a recent police check has been provided or obtained, and the contents have been judged satisfactory by the Board Executive and/or any Child Protection Committee appointed by the Board, and the CEO. Where a director has or is reasonably anticipated to have contact with children/ young people or other vulnerable clients in programs, recent means the police check documentation must not be older than twelve (12) months. Where a director does not have contact with children/young people or other vulnerable clients in programs, recent means the police check documentation must not be older than twenty-four (24) months As volunteers in a mission-driven organisation that aims to provide opportunities for all people to grow in body, mind and spirit, and one that specifically provides health, welfare, education, child care, residential and other programs/services for children/young people and other vulnerable clients, individual directors are expected to commit to the practice of notification and to thus familiarise themselves with current notification guidelines and the expectations of Families SA, SAPOL and other relevant organisations regarding the management of abuse suspicions and allegations. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

12 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy In circumstances where the Board or individual directors are advised, or otherwise learn of, specific details of any incident of suspected child/young person abuse or abuse of other vulnerable people, they are required to maintain confidentiality and respect the privacy of all parties concerned in order to allow due process and ensure natural justice is served The President or Board nominee, in conjunction with the CEO wherever practicable, is responsible for managing and responding to any inquiries from the media or members of the public that pertain to suspected abuse within YMCA South Australia or any other YMCA Association or entity. The CEO is to promptly advise and consult with the CEO of YMCA Australia On request, the Board is responsible for providing the appropriate level of qualified counselling or support for executive managers and other managers, staff and volunteers who experience distress in dealing with suspected incidents of child abuse. 4.2 Chief Executive Officer The Chief Executive Officer is accountable to the Board for ensuring that the Safeguarding Children/Young People and other Vulnerable People Policy, and related policies and decisions taken by the Board, are appropriately implemented, monitored, reported on, evaluated and improved in a timely and diligent manner The CEO is responsible for ensuring that significant changes to relevant legislation and regulations are promptly brought to the Board s attention and incorporated into this policy and related policies, procedures and work practices The CEO is responsible for ensuring that incidents of suspected abuse are promptly reported to the Board Executive and/or any Child Protection Committee established by the Board. The CEO is also required to fully cooperate with Families SA, the South Australian Police (SAPOL) and other Australian state/federal government agencies in their investigations of suspected abuse. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

13 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy The CEO is required to actively promote the safety and protection of children/young and other vulnerable people within and is accountable for ensuring all staff and volunteers (below director level) are employed and carry out their work in accordance with the content and spirit of this and related policies, including the Safety Code of Conduct (ref. Appendix 2) The CEO is responsible for ensuring that access to training and development in mandatory/voluntary notification, child protection, associated risks and appropriate treatment of vulnerable persons and related matters is provided to staff and volunteers at regular intervals, and that skilled counsellors are available to work with staff and volunteers who experience distress in dealing with suspected incidents of abuse In conjunction with the President or Board nominee, the CEO, wherever practicable, is responsible for managing and responding to any inquiries from the media or members of the public that pertain to suspected abuse within YMCA South Australia or any other YMCA Association or entity. 4.3 Managers and Supervisors (Staff and Volunteers) All managers and supervisors (staff and volunteers) with direct responsibility for child care and/or other programs/services for children/young people and other vulnerable clients are mandated notifiers (ref. Appendix 1) and are also required to: a) Be familiar with the contents of this Safeguarding Policy (including all appendices, with additional attention paid to Appendices 7 8) and promptly seek clarification, as they require. b) Pro-actively promote the protection and rights of children/young people and other vulnerable people. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

14 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy c) Be aware of the risk of abuse and the indicators of mistreatment and abuse. d) Be clear about what is acceptable behaviour when dealing with children/young people and other vulnerable people and what is not. Ensure that their staff, volunteers and others who may come into contact with children/young people and other vulnerable clients in a owned or operated facility, program or service clearly understand their legal duty of care requirements and what constitutes appropriate behaviour and appropriate physical contact in contexts. e) Provide their staff and volunteers access to induction and ongoing training in the requirements of this Safeguarding Children/Young People and other Vulnerable People Policy and related policies, procedures and work practices. f) Adhere to prescribed procedures for recruiting and selecting staff and volunteers (ref. Appendix 3). g) Adhere to prescribed minimum staff - child ratios and client ratios. h) Immediately report any suspected incident of abuse to the CEO and as required and expected by this policy and by law, notify Families SA and/or SAPOL. i) Establish and maintain supportive procedures for fulfilling mandatory notification requirements and ensure mandated notifiers understand their legal responsibilities. j) Maintain confidentiality and fully cooperate with Families SA, SAPOL and other Australian state/federal government agencies in investigations of suspected abuse. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

15 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy k) Pro-actively look for new opportunities to improve this Safeguarding Children, Young and other Vulnerable People Policy and related policies, procedures and work practices, and otherwise seek to minimise the risk of harm to children, young and other vulnerable persons in their care. l) Report annually to the CEO on their implementation, monitoring and review of this policy and related policies, procedures and work practices Managers, supervisors and administrative staff who have responsibility for YMCA South Australia child care and/or disability programs and/or other programs or services for children/young people and other vulnerable clients are to regularly make unannounced visits to program/service sites to ensure relevant legislation, regulations, policies, program and staff performance standards are being adhered to. Written reports on such visits are to be completed and kept on a program master file located at the head office. 5. MANAGEMENT OF SUSPECTED INCIDENTS OF ABUSE BY A STAFF MEMBER, VOLUNTEER OR PROGRAM PARTICIPANT 5.1 Managers and supervisors are required to promptly advise the CEO of any abuse or suspected abuse incidents or allegations within their area(s) of responsibility and ensure that all other internal and external consultation and reporting requirements are adhered to as per procedures. If incidents or allegations relate to the CEO or a Board Director, it is a requirement that the President or another member of the Board Executive be advised. 5.2 Managers and supervisors are to ensure a thorough investigation is undertaken where allegations of suspected abuse are raised and to make every endeavour to ensure such investigations are undertaken by an appropriately trained person (persons) who is (are) as independent as possible to the incident and the outcome. 5.3 Managers and supervisors are required, in the first instance, to obtain details of all people involved, including any witnesses, and to meet with the person that has made the allegation to clarify the details. A written and signed statement should be obtained from this person if possible Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

16 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 5.4 Investigations of allegations of a more serious nature are not to be commenced without first obtaining advice from SAPOL and/or Families SA on the appropriate level of consultation with the alleged victim(s), the person against whom the allegation has been made and witnesses. 5.5 Managers and supervisors are to ensure that appropriate support is given to staff and volunteers who report suspected abuse and, working in conjunction with the CEO, are to provide access to skilled counsellors. 5.6 Other than reporting to the CEO and providing information to relevant government authorities, managers and supervisors must maintain confidentiality and respect the privacy of those suspected of being abused and those alleged to have engaged in abuse. Managers and supervisors must also advise relevant staff and volunteers of confidentiality and privacy requirements. 5.7 When allegations are made against a staff member or volunteer, the manager or supervisor is required to immediately suspend that person (on full pay where applicable) from all activities involving the direct supervision of, and/or direct contact with, children/young people and other vulnerable people. When allegations of abuse are made against a service/program participant, the manager or supervisor is required to immediately suspend that participant from the service/program for the duration of the investigation or as directed by the Child Abuse Report Line (T: ). 5.8 Regardless of where, or under what circumstances, an alleged incident of abuse took place, if a staff member is involved, it will be considered as job related and affecting job performance and may thus be subject to the procedures outlined in the current Employee Collective Agreement. 5.9 Reinstatement of a staff member or volunteer may only occur after any and all allegations against that person have been dismissed or cleared to the satisfaction of the Board and any authorised interveners involved in investigations (Officers of Families SA and/or SAPOL) Managers and supervisors with specific responsibility for licensed, approved or otherwise regulated Child Care and Children s Services must also adhere to the requirements of the Education and Care Services National Regulations 2011 ( the National Regulations ). Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

17 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 6. RESPONSIBILITIES OF STAFF AND VOLUNTEERS 6.1 staff and volunteers who are directly engaged in the delivery of children s programs/services are mandated notifiers and must always remember that the onus to notify rests with the person who suspects abuse. 6.2 As mandated notifiers, program/service staff must remain alert to the risk and indicators of child abuse and promptly report suspected abuse to Families SA through the Child Abuse Report Line (T: ). It is a requirement that staff advise their manager / supervisor or the CEO when making a notification. If the notification relates to the CEO or a board director, it is a YMCA South Australia requirement that the President or another member of the Board Executive is advised. 6.3 Although not necessarily legally obliged to do so, it is a requirement of employment with that program/service staff also remain alert to the risk and indicators of abuse or mistreatment of vulnerable people over the age of 18 and promptly report any suspected abuse to SAPOL. It is highly recommended that staff advise their manager / supervisor or the CEO when making a report to ensure appropriate action for the ongoing safety of vulnerable people can be taken. If the report relates to the CEO or a board director, it is a requirement that the President or other board executive member is advised. 6.4 Program/service staff and volunteers engaged in the delivery of children s programs and/or services for vulnerable people are required to regularly access training in mandatory notification, child protection and related matters and will be supported by to do so. 6.5 As abuse is often not identified on the basis of a single event, program/service staff and volunteers are required to keep confidential working notes about their concerns, recording relevant dates, observations and the presence of any physical or behavioural indicators to assist the identification of any cumulative risk to a child/young person or other vulnerable client. If in doubt as to whether there are reasonable grounds to suspect abuse, staff and volunteers are advised to discuss their concerns with the relevant manager/supervisor or the CEO, and also seek advice from the Child Abuse Report Line, (CARL ). Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

18 Sub Section (if applicable): Board Approved Date: [30/04/2015] Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 6.6 All staff and volunteers are required to maintain confidentiality in the handling of information about suspected abuse and related allegations, with communications being limited to the following: Their manager or supervisor The Chief Executive Officer The Board Executive or any Child Protection Committee established by the Board Relevant officers of SAPOL and Families SA. 6.7 Program/service staff and volunteers may not contact clients, parents or witnesses involved in a suspected or alleged abuse incident without the express permission of their manager/ supervisor or the CEO. 7. RESPONSIBILITIES TO PARENTS AND FAMILIES In order to provide a safe environment in which children/young people and other vulnerable people can develop and reach their potential, must work collaboratively and in partnership with parents/guardians and family members wherever possible. It is essential that parents/guardians are kept informed about their children s/family member s participation, health, concerns and whereabouts, and know who is caring for them and how they are being cared for. Prior to commencement of any YMCA South Austrlai program/service, parents/guardians must be provided with details about the program, the name(s) of the managers/supervisors, and staff contact details for emergencies. Committed as we are to collaborative and participatory relationships with parents/guardians and family members, and its staff and volunteers must never allow any relationship with a parent/guardian to jeopardise the safety of any child/young person or otherwise vulnerable client. 8. RELEVANT LEGISLATION AND REGULATIONS The Education and Care Services National Law Act (2010) ( the National Law ) and the Education and Care Services National Regulations (2011) ( the National Regulations ) provide the applied law framework within which most long day care, family day care, preschools/kindergartens and outside school hours care services in Australia are required to operate. South Australia has enacted corresponding legislation in the form of the Education and Early Childhood Services (Registration & Standards) Act (2011) and has the Children s Protection Act (1993). Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

19 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy 8.1 Relevant to this Safeguarding Children/Young People and other Vulnerable People Policy, the Education and Care Services National Regulations require to notify Education and Early Childhood Services Registration and Standards Board of South Australia as soon as practicable of any serious incident in an approved service. A serious incident includes: 1. The death of a child while attending a service, or following an incident while attending a service. 2. Any incident involving injury, trauma or illness of a child where medical attention was sought, or should have been sought ( medical attention includes a visit to a registered medical practitioner or attendance at a hospital). 3. An incident at the service premises where the attendance of emergency services was sought, or should have been sought ( emergency services may include ambulance, fire brigade, police and state emergency services). 4. If a child: a. Appears to be missing or cannot be accounted for; b. Appears to have been taken or removed from the service premises in a way that breaches the National Regulations, or c. Is mistakenly locked in or locked out of any part of the service premises. 8.2 A serious incident must be documented as an incident, injury, trauma or illness record as soon as possible and within twenty-four (24) hours of the incident. Enquiries about this policy to: Manager Human Resources Level 10, 44 Waymouth Street, Adelaide 5000 Phone: Fax: info@ymca.org.au Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

20 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy Approved by: Date: Caz Bosch President, Haydn Robins Chief Executive Officer, Version History Date Version Date Description of changes Effective Date Safeguarding Children / Young People and other Vulnerable People Policy Nil August 2013 Major update - Safeguarding Children / Young People and other Vulnerable People Policy Endorsed by Board October Minor update / refinement Safeguarding Children / Young People and other Vulnerable People Policy following consultations with YMCA Australia and ACF Endorsed by Board May April 2015 Minor update including the addition of a Definitions section, reference to YMCA Australia Safeguarding Children and Young People Policy and contact details update Endorsed by Board April 2015 Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

21 Sub Section (if Board Approved Date: [30/04/2015] applicable): Policy Title: Safeguarding Children / Young People and other Vulnerable People Policy Please detach this page, and sign the form with your manager/supervisor who will then forward it to the head office (Support Services). YMCA SOUTH AUSTRALIA SAFEGUARDING CHILDREN / YOUNG PEOPLE AND OTHER VULNERABLE PEOPLE POLICY STAFF AND VOLUNTEER CONFIRMATION AND ACCEPTANCE FORM I, (print your full name), confirm that I have read and understand the YMCA of South Australia s Safeguarding Children/Young People and other Vulnerable People Policy and related policies and information in Appendices 1-8, and undertake to act in accordance with these at all times during my employment with the Association. I also understand that a copy of this signed statement will be included in my personnel file. Staff Member/Volunteer Signature: Date: _/ / Manager/Supervisor Signature: Date: _/ _/ If you are a new employee, please be aware that you will not receive your first pay until this form has been received at Head Office. Safeguarding Children / Young People and other Vulnerable People Policy Date: Endorsed: Board 30 April P a g e

22 Board Approved Date: [30/05/2014] Policy Title: Mandatory Reporting Policy APPENDIX 1 MANDATORY REPORTING POLICY COMMITMENT STATEMENT staff and volunteers have an important role to play in protecting children/young people and other vulnerable people who may be at risk of harm due to abuse or neglect. s wide range of programs and services are provided in communities where there is a focus on prevention and early intervention. It will be clear practice within that our approach to child protection and reporting will support all children, young and other vulnerable people in various stages of vulnerability. Duty of Care Duty of care is the legal obligation each person has to take reasonable care to avoid causing foreseeable harm to another person or their property. owes a duty of care to anyone who is reasonably likely to be affected by s activities. Position on Reporting requires that all staff, volunteers and directors report incidents to the relevant authorities, these being Families SA and/or SAPOL. This reporting requirement is applicable during the course of carrying out any and all professional duties if there is a belief on reasonable ground that a child/young person is in need of protection. This reporting obligation relates to suspected abuse occurring either in the context of the child/young person s family/home environment, in places or organisations outside of the family, or specifically in the course of their involvement in activities. This reporting is in relation to suspected abuse by a or other organisation s staff member or volunteer, or through peer to peer interactions. Definition of a Child / Young Person In respect of s Safeguarding Children/Young People and other Vulnerable People Policy and related policies and procedures, child refers to anyone under the age of 18 years. Reports should refer to State based legislation for specific age related reporting requirements. Mandatory Reporting Policy Date: Endorsed: Board 30 May P a g e

23 Board Approved Date: [30/05/2014] Policy Title: Mandatory Reporting Policy Approach to Reporting understands the complexity surrounding the disclosure of sensitive information and the potential impact this may have on staff, children/young people and other vulnerable people, volunteers and families. It is for this reason that encourages a consultative approach to reporting in accordance with South Australian legislation, upholding our duty of care to the child/young person or other vulnerable person, and to the reporter. The intent of this consultative approach will in no way delay, or impede, the reporting requirements. YMCA South Australia understands the importance of having ongoing and comprehensive support and management mechanisms in place when dealing with sensitive information in regards to child protection issues. Consultation processes relevant to the State of South Australia are to be followed with particular attention being given to the need for confidentiality in regards to such information. Only those managers and staff that fall within the consultative process, those providing a direct service to the individual involved in the report and Families SA and SAPOL staff will have access to any notification documentation. will be supportive and cooperative of Families SA, and SAPOL requirements and other agencies as required by law. Compliance with any reasonable request will be met in a timely manner. Staff and volunteers will be resourced and supported by management Reporting Processes staff and volunteers will be required to work with their direct supervisor/manager during the consultation process to determine that all necessary information has been collated in order to form a belief on reasonable grounds to make a formal report on the allegation of abuse. staff and volunteers will be given time within program to make the report to Families SA. All documentation used during this reporting process will be filed and stored in a confidential manner, and is not to be given to any other party unless clearly falling under relevant State/Territory legislation. Mandatory Reporting Policy Date: Endorsed: Board 30 May P a g e

24 Board Approved Date: [30/05/2014] Policy Title: Mandatory Reporting Policy Support if Required Reasonable grounds to suspect child at risk YMCA South Australia CEO, Board Executive or Board Chair YMCA South Australia Child Protection Coordinator Feedback and possible role for CP Child Protection and/or Police Helpline Parents/Caregiver s Child Protective Action Mandatory Reporting Policy Date: Endorsed: Board 30 May P a g e

25 Board Approved Date: [30/05/2014] Policy Title: Mandatory Reporting Policy Children s Protection Act (1993) Section 6(2) states that for the purpose of the Act, a child is at risk if: (a) (b) there is a significant risk that the child will suffer serious harm to his or her physical, psychological or emotional wellbeing against which he or she should have, but does not have, proper protection or the child has been, or is being, abused or neglected; or (c) a person with whom the child resides (whether a guardian of the child or not) - (i) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out; or (ii) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person; or (d) the guardians of the child - (i) are unable to care for and protect the child, or are unable to exercise adequate supervision and control over the child; or (ii) are unwilling to care for and protect the child, or are unwilling to exercise adequate supervision and control over the child; or (iii) are dead, have abandoned the child, or cannot, after reasonable inquiry, be found; or (e) (f) the child is of compulsory school age but has been persistently absent from school without satisfactory explanation of the absence; or the child is under 15 years of age and is of no fixed address. Mandatory Reporting Policy Date: Endorsed: Board 30 May P a g e

26 Board Approved Date: [30/05/2014] Policy Title: Mandatory Reporting Policy Version History Version Date Description of changes Effective Date Mandatory Reporting Policy Endorsed by Board October Updated Mandatory Reporting Policy Endorsed by Board July Updated Mandatory Reporting Policy Endorsed by Board May 2014 Mandatory Reporting Policy Date: Endorsed: Board 30 May P a g e

27 Board Approved Date: [30/05/2015] Policy Title: Child, Young and Other Vulnerable Persons Safety Code of Conduct APPENDIX 2 CHILD, YOUNG & OTHER VULNERABLE PERSONS SAFETY CODE OF CONDUCT (Staff & Volunteers) COMMITMENT STATEMENT is committed to the safety and wellbeing of all children/young and other vulnerable people accessing its programs and services. supports the rights of the child and will strive to deliver a child safe environment at all times. also supports the rights and wellbeing of its staff and volunteers and encourages their active participation in building and maintaining a safe environment for children/young people and other vulnerable people. Staff and volunteers must maintain the highest standards of professional conduct in their attitude and behaviour toward clients, colleagues and members of the community. In particular, staff recognises the power imbalance inherent in a staff /client relationship and will never act in a manner that exploits or could be seen to exploit that power imbalance. PROCEDURES Staff and volunteers engaged in the direct delivery of programs and services for children/young people and other vulnerable people, are required to regularly access training in child protection and related matters and will be supported by to do so. Staff and volunteers must remain alert to the risk indicators of child abuse and promptly report suspected incidents to their manager/supervisor and, where required by law, to the relevant authorities. Staff and volunteers must avoid placing themselves in potentially compromising situations with children/young people and other vulnerable people, and ensure that in all circumstances, government and prescribed staff: child ratios are adhered to. Staff and volunteers must ensure they are never alone with a child where they cannot be observed by other staff members, volunteers or other adults. Program/service staff and volunteers m u s t a c h i e v e an appropriate mix of male and female staff/volunteers wherever possible when preparing rosters for programs. Child, Young and Other Vulnerable Persons Safety Code of Conduct Date: Endorsed: Board 30 April P a g e

28 Board Approved Date: [30/05/2015] Policy Title: Child, Young and Other Vulnerable Persons Safety Code of Conduct Young children under the age of eight (8) in programs/services must be appropriately supervised in bathrooms, showers and locker rooms or be required to accompany one another in pairs at such times. Pre-school children must be supervised and accompanied by an adult at all times while in a YMCA South Australia centre or program. Parents may need to be available to take children to the toilet in this instance. Program/service staff and volunteers are to ensure that parent/guardian permission is obtained in writing prior to any child/young person being taken on a excursion or camp or in relation to any photos of children/young people being taken. Parents/guardians are to be informed of travel and sleeping arrangements prior to the commencement of any excursion or camp. Parents and children/young people are to be appropriately informed of safeguarding policies and procedures, and relevant safeguarding options available to them. Program/service staff and volunteers are not to travel, or be accommodated alone with a child participant before, during or after a program, excursion or camp unless an emergency has been identified. Program/service staff and volunteers are not to discipline children through the use of physical punishment or the withdrawal of the necessities of care (including food, shelter and emotional warmth), or to verbally or emotionally abuse or punish children in their care. Program/service staff and volunteers are not, under any circumstances, to release a child from a owned or operated facility, program or service to anyone other than the authorised parent(s)/guardian(s), or to an individual authorised by parent(s)/guardian(s) in writing, including relatives of children. Sign-in and sign-out logs showing arrival and departure times and parent(s)/guardian(s) signatures are to be maintained on a daily basis and kept on file at program/service sites. Program/service staff and volunteers are required to be vigilant in witnessing the departure of individual children/young people and other vulnerable clients. Staff/volunteers employed in licensed or otherwise regulated Child Care and Children s Services are specifically required to have knowledge of, and at all times to adhere to, all Regulations. Child, Young and Other Vulnerable Persons Safety Code of Conduct Date: Endorsed: Board 30 April P a g e

29 Board Approved Date: [30/05/2015] Policy Title: Child, Young and Other Vulnerable Persons Safety Code of Conduct Program/service staff and volunteers providing direct care to children must be identified by a YMCA South Australia name badge and, where practicable, a branded uniform that is familiar to the children and is the same as that of their co-workers. Program/service staff and volunteers who have developed friendships with families and/or children who participate in programs/services prior to them being employed by must promptly advise their manager/supervisor. does not encourage program/service staff and volunteers to engage with children who participate in programs, or members of their family in non-ymca South Australia activities such as baby-sitting and weekend trips. Such activities may only occur with prior written approval of the CEO. All staff and volunteers are obliged to immediately report knowledge of such activities to their manager/supervisor. Under no circumstances can personal work be solicited by a staff member or volunteer while at or can a uniform be worn to this personal work. Staff and Volunteers are to: Conduct themselves in a manner consistent with their position as a positive role model to children/young people, and as a representative of. Read, understand and formally agree to abide by policies and procedures around the safety of children/young people and other vulnerable people as outlined in the YMCA South Australia Safeguarding Children/Young People and Other Vulnerable People Policy ( and supporting policies and information), a copy of which will be given to them during induction to read and sign as understood. Raise all concerns, issues, and problems with their manager/supervisor as soon as possible. Staff and volunteer conduct considered unacceptable, subject to disciplinary procedures and possible dismissal: Engage in rough physical games Cuddle, kiss, hug or touch children in an inappropriate and/or culturally insensitive manner Child, Young and Other Vulnerable Persons Safety Code of Conduct Date: Endorsed: Board 30 April P a g e