POLICY FOR PROTECTING CHILDREN AND YOUNG PEOPLE

The community expects that the Department of Education and Training will exercise the highest levels of responsibility in protecting children and young people from harm.

The Department is committed to ensuring that it meets this expectation through the range of programs and services that it undertakes. These include the direct provision of education and training, staff recruitment and personnel practices, and arrangements for funding or regulating services related to children or young people.

Departmental employees are required to report concerns about suspected risk of harm to children and young people to the Department of Community Services. In cases where there are child abuse allegations against Departmental employees and/or suspected risk of harm specifically related to the actions of an employee, they are also required to ensure that a report is made to the Child Protection Investigation Unit of the Department of Education and Training.

Responsibilities of the Department

In its provision of education and training, the Department has a responsibility to:

•  inform children and young people who are students, apprentices or trainees, of their right to be protected from abuse and of avenues for support if they have concerns about abuse

•  provide child protection education to children and young people in schools and teach protective strategies to children in its pre-schools and child-care centres,

• ensure that community members in its programs, such as tutors, community mentors or voluntary helpers, are aware of the Departments policies related to risk of harm to children and young people and any other obligations relating to the specific activity in which they are involved

•  ask people who volunteer to participate in programs involving children and young people to disclose that that they are not a prohibited person by completing a Prohibited Employment Declaration.

As an employer, the Department has a responsibility to:

• ensure that all employees are aware of their obligations to report suspected risk of harm and of the procedure for doing so

• ensure that all employees are aware of the indicators of child abuse and neglect of children and young people

•  provide support for employees in maintaining professional standards related to staff relationships with students, trainees and apprentices and in the recognition and reporting of suspected risk of harm

•  advise employees under investigation for the alleged abuse of a child or young person, of support services that are available to them

• ensure that procedural fairness, also known as natural justice, applies in situations where a decision is to be taken which could have a detrimental effect on the rights, interests or legitimate expectations of an individual

•  assist employees in implementing relevant curriculum and support strategies for students and in implementing other Departmental policy and procedures related to protecting children and young people from harm

•  conduct the Working with Children Check for new employees in child-related employment

• ask people who are seeking child-related employment with the Department to disclose that they are not a prohibited person by completing a Prohibited Employment Declaration 

• report to the Ombudsman allegations or convictions related to the abuse of children or young people made against an employee 

• investigate child abuse allegations and/or suspected risk of harm specifically related to the actions of an employee and ensure appropriate action is taken in relation to the finding 

• advise the Commission for Children and Young People of completed relevant disciplinary proceedings.

As a funding and regulatory body, the Department has a responsibility to:

•   advise funded organisations of relevant legislative requirements relating to the protection of children and young people from abuse and neglect, including the requirements for a Prohibited Employment Declaration and Working with Children Check for people in child-related employment

•   advise registered training organisations, group training companies, industry training advisory bodies, employers, contractors and other agencies involved with students, apprentices and trainees, of their responsibilities for the protection of children and young people under 18 years from abuse and to request a Prohibited Employment Declaration and Working With Children Check for people in child related employment.

As an agency working with a range of other community agencies in the interests of the safety, welfare and well-being of children and young people, the Department has a responsibility to: 

• exchange relevant information to progress investigations, assessments and case management as permitted by Law.

•  Work with other agencies within agreed, co-ordinated procedures for the care and protection of children and young people in ways that strengthen and support the family

•  use best endeavours in responding to a request for service from the Department of Community Services provided that the request is consistent with Departmental responsibilities and policies

•  provide the Working with Children Check on behalf of employers in the education and training sector, excluding non-government schools.