Education Support Funding Program (ESFP)

Transcription

I |
Version No: 1.0 January 2016
Anglican Schools Commission
Should additional information, material or assistance be required
please contact:
Child Protection Support Officer
Phone: (07) 3835 2294
St Martin’s House
373 Ann Street, Brisbane QLD 4000
GPO Box 421, Brisbane QLD 4001
Student Protection Guidelines
Developed January 2016
Diocese of Brisbane
(The Corporation of the Synod of the Diocese of Brisbane)
ABN 32 025 287 73
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Contents
1 Acknowledgment ............................................................................................................................................... 1
2 Purpose and use of these guidelines ............................................................................................................... 1
3 Introduction ........................................................................................................................................................ 1
Relevant Legislation ....................................................................................................................... 2
Acronyms ........................................................................................................................................ 3
Definitions ....................................................................................................................................... 3
Reporting obligations ..................................................................................................................... 4
4 Understanding Child Abuse and Harm............................................................................................................. 5
Definition of a child......................................................................................................................... 5
What is child abuse? ...................................................................................................................... 5
Impact of child abuse ....................................................................................................................................... 5
Definition of harm ........................................................................................................................... 6
Signs of abuse and harm ............................................................................................................... 6
Types of abuse and harm ............................................................................................................... 8
Physical abuse ................................................................................................................................................. 8
Sexual abuse ................................................................................................................................................... 9
Emotional/psychological abuse ...................................................................................................................... 20
Neglect ........................................................................................................................................................... 25
5 Responding to Allegations of Abuse and Harm ............................................................................................ 28
Reasonable grounds to suspect abuse or harm, or risk of abuse or harm .................................................... 28
Guidelines for dealing with a disclosure..................................................................................... 29
Ongoing support of students .......................................................................................................................... 30
Ongoing support of staff ................................................................................................................................. 30
Supporting students and implementing preventative strategies .............................................. 30
Taking photographs of injuries ....................................................................................................................... 31
Contact with parents/carers ........................................................................................................................... 31
Student reports and confidentiality................................................................................................................. 31
Protection from liability ................................................................................................................................... 31
Student Protection reporting forms ................................................................................................................ 32
Responses to other forms of harm of a student ......................................................................... 32
Student self-harm ........................................................................................................................................... 32
Flowchart 1: Responding to self-harm .......................................................................................................... 33
Harm caused by another student ................................................................................................ 34
Abuse or harm of an adult student ................................................................................................................. 34
6 Information sharing and confidentiality under the Child Protection Act 1999............................................ 36
Confidentiality of notifier’s identity ............................................................................................. 36
Protection from liability for sharing information ........................................................................ 36
Sharing and receiving information .............................................................................................. 37
Sharing relevant information with Child Safety .............................................................................................. 37
Sharing relevant information with Family and Child Connect ........................................................................ 37
Sharing relevant information with other departments and service providers ................................................. 38
Consent for sharing information with entities other than Child Safety ........................................................... 38
Receiving relevant information ....................................................................................................................... 38
Who is a service provider? .......................................................................................................... 39
Type of information to be shared ................................................................................................ 39
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7 Student protection reporting/referral requirements ...................................................................................... 41
EGPA REPORTING ....................................................................................................................... 41
Sections 366 & 366A – sexual abuse, suspected sexual abuse or likely sexual abuse ................................ 41
Flowchart 2: Reporting Sexual abuse s.366 / Likely sexual abuse s.366A (EGPA 2006)............................ 42
Who is a child in need of protection?.......................................................................................... 43
Mandatory reporting (legislation) ................................................................................................ 43
Required reporting of harm (policy) ............................................................................................ 43
What is significant harm? ............................................................................................................ 44
Who is a parent? ........................................................................................................................... 44
Parent able and willing ................................................................................................................. 44
Flowchart 3: Reporting ‘harm’ of a child (CPA 1999) .................................................................................... 47
Queensland Child Protection Guide ............................................................................................ 48
Actions when concerns do not meet the threshold for a report to Child Safety or QPS ......... 49
Referral process for community based support......................................................................... 49
Family and Child Connect (FaCC) services ................................................................................ 50
Intensive Family Support (IFS) services ..................................................................................... 51
8 Reporting forms and records .......................................................................................................................... 54
Student protection records .......................................................................................................... 54
Storing student protection records ............................................................................................. 54
Use of reporting forms ................................................................................................................. 54
Reporting forms ............................................................................................................................ 55
9 Child Safety Services and Police .................................................................................................................... 58
What happens when Child Safety are contacted? ...................................................................... 58
What happens when a report is made to Child Safety? ............................................................. 59
Interviews conducted with students at school by the Queensland Police Service and/or Child
Safety Services ............................................................................................................................. 60
The role of QPS and Child Safety ................................................................................................ 60
Legislative Framework ................................................................................................................................... 60
How is an interview with a child at school initiated? ...................................................................................... 61
Who conducts the interviews? ....................................................................................................................... 61
Who can be a support person for the child? .................................................................................................. 61
What is the role of the support person? ......................................................................................................... 62
Where should the interview take place? ........................................................................................................ 62
What are the legal implications of the support person role? .......................................................................... 62
What happens after the interview? ................................................................................................................ 62
10 Inappropriate behaviour of staff or volunteers .............................................................................................. 63
Behavioural obligations ............................................................................................................... 63
Interactions with students .............................................................................................................................. 64
Inappropriate student interactions .................................................................................................................. 64
Electronic communication/social networking ................................................................................................. 64
Reporting inappropriate behaviour of staff or a volunteer towards a student ......................... 65
REFLECT - A guide for ethical decision-making ........................................................................................... 66
11 Child and youth risk management strategy ................................................................................................... 67
Diagram 1: Lifecycle of a CYRMS in an Anglican School ............................................................................. 68
12 Suspected child abuse and neglect (SCAN) team system ........................................................................... 69
13 Sexualised behaviours and sexual relationships .......................................................................................... 71
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Age appropriate sexualised behaviours ..................................................................................... 71
Traffic Lights® framework .............................................................................................................................. 71
Unlawful sexual relationships ......................................................................................................................... 72
The Principal’s role ....................................................................................................................... 73
Speaking with parents .................................................................................................................. 74
14 Breaches and complaints ................................................................................................................................ 75
15 Building knowledge and understanding ........................................................................................................ 76
Student protection training .......................................................................................................... 76
Supporting resources................................................................................................................... 79
ASC Resources .............................................................................................................................................. 79
External resources and training ..................................................................................................................... 80
16 Appendices ....................................................................................................................................................... 81
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Appendix 9
Definitions............................................................................................................. 81
Abuse prevention education ............................................................................... 85
Child Safety Regional Intake Service Contact Details ....................................... 86
Child Protection Phases ...................................................................................... 87
CPIU – QPS Contact Details ................................................................................ 88
Guide for reporting or referring ‘harm’ to a child ............................................... 90
Research Overview: Children in Out-Of-Home Care ......................................... 91
Reporting sexual abuse and likely sexual abuse – explanation of terms......... 96
Reporting ‘harm’ – explanation of terms ............................................................ 97
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1 Acknowledgment
The Anglican Schools Commission acknowledges the very generous guidance and support provided by the
following agencies in the development of this document:

Department of Education and Training, Queensland Government; and

Catholic Education Office, Diocese of Toowoomba
2 Purpose and use of these guidelines
The Student Protection Guidelines document has been developed to support the Anglican Church Southern
Queensland Student Protection in Anglican Schools Policy and Procedures.
It has been designed for use by Student Protection Officers, Principals, teachers and school staff as an initial point
of reference and understanding of the complex issues, legislation and obligations surrounding Student Protection.
The information contained in this document has been drawn from many and varied sources, providing a timesaving and comprehensive central resource, templates and tools to assist schools in becoming aware, vigilant and
confident in their responses to Student Protection issues.
The following key provides easy reference to Legislation, Definitions and Key information throughout the
guidelines.
Legislation
Criminal Offences
Definitions
Key information
3 Introduction
For most children, childhood is a positive time in their lives. They grow up in loving families that care for and
nurture them and help them develop into healthy young adults. However, for a small proportion of children, this is
not their lived experience. These children grow up in families that face one or more significant social, emotional or
financial issues that impact negatively on their ability to care for and protect their children.
Because of their regular contact with students and families, staff in schools and other educational facilities play a
vital role in:

identifying and responding to suspected child abuse and neglect

helping families to access support services that may build on their strengths and address issues impacting
on their parenting.
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These Student Protection Guidelines, which have been developed to support the Anglican Church Southern
Queensland Student Protection in Anglican Schools Policy and Procedures, provide detailed guidance about:

identifying abuse and harm;

relevant legislative provisions including those relating to student protection reporting;

key definitions and concepts in relation to child abuse and neglect;

reporting and referral processes; and

information sharing requirements.
Please be mindful if any of the material or information contained in this document or
recommended links causes you distress or concern it is important that you consider
discussing this with an appropriate staff member, such as a school counsellor, SPO or
Principal.
Relevant Legislation
Legislation relevant to the Student Protection in Anglican Schools Policy and Procedures and these guidelines
include the:
Education (General Provisions) Act 2006
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducGenPrA06.pdf
Education (General Provisions) Regulation 2006
(https://www.legislation.qld.gov.au/LEGISLTN/SLS/2006/06SL246.pdf)
Child Protection Act 1999
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ChildProtectA99.pdf)
Education (Accreditation of Non-State Schools) Regulation 2001
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducAccNSSR01.pdf)
Criminal Code Act 1899
(https://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf)
Criminal Code Act 1995 (Cwth)
(https://www.comlaw.gov.au/Details/C2015C00507)
Education (Queensland College of Teachers) Act 2005
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducQCTA05.pdf)
Working with Children (Risk Management and Screening) Act 2000
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkwithChildrenRMSA00.pdf)
Working with Children (Risk Management and Screening) Regulation 2011
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkwithChildrenRMSR11.pdf)
Domestic and Family Violence Protection Act 2012
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DomeFamVPA12.pdf)
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Acronyms
Acronym
Title
ASC
ACSQ
Anglican Church Southern Queensland
CC
Criminal Code Act 1899 (Qld)
CCR
Child Concern Report
CEM
Child Exploitation Material
Child Safety
Department of Communities, Child Safety and Disability Services
CSSC
Child Safety Services Centre
CPA
CPG
Child Protection Guide
CPIU
Child Protection Investigation Unit
CPSO
Child Protection Support Officer, ASC
DETE
Department of Education, Training and Employment
DPS
Director, Professional Standards, ACSQ
EGPA
Education (General Provisions) Act 2006
FaCC
Family and Child Connect
FPQ
Family Planning Queensland (now known as ‘True’ Relationships and
Reproductive Health)
ICARE
Interviewing Children and Recording Evidence
ICM
Information Coordination Meetings
IFS
Intensive Family Support
QFCC
Queensland Family and Child Commission
QAS
Queensland Ambulance Service
QCT
Queensland College of Teachers
QPS
Queensland Police Service
RIS
Regional Intake Service
SCAN
Suspected Child Abuse and Neglect
SPO
Student Protection Officer
Definitions
A list of definitions can be found in Appendix 1.
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Guiding principles
PARAMOUNT PRINCIPLE
The main principle is that the safety, wellbeing and best interests of a child are paramount.
The following principles from the CPA and the EGPA have guided the development of this document:

the safety, wellbeing and best interests of a child are paramount;

a child has a right to be protected from harm or risk of harm;

a child’s family has the primary responsibility for the child’s upbringing, protection and
development;

the preferred way of ensuring a child’s safety and wellbeing is through supporting the child’s
family;

if a child does not have a parent able and willing to protect them, the State is responsible for
protecting the child; and

children and young people should be actively involved in decisions affecting them to the extent
that is appropriate having regard to their age and ability to understand.
Reporting obligations
As specified in the Student Protection in Anglican Schools Policy and Procedures, all employees, volunteers and
visitors to an Anglican School have a responsibility to respond when it is suspected that a student, or an unborn
child, has been harmed or is at risk of harm. Employees also have a responsibility to comply with mandatory
reporting obligations.
For further information refer to the Student Protection in Anglican Schools Policy and Procedures.
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4 Understanding Child Abuse and Harm
Definition of a child
The CPA (s.8) defines a child as:

an individual under 18 years.
What is child abuse?
There are four different types of child abuse that lead to harm:
 physical (page 8)
 sexual (page 9)
 emotional/psychological (page 20)
 neglect (page 25)
Harm can be caused by a single incident, or by a number of different incidents that take place over time.
Impact of child abuse
All forms of child abuse can have both short and long-term impacts for children, and no two children react to harm
in the same way. Some children show no observable effects of child abuse, while others show a wide range of
signs. There may be long-term impacts even when short-term effects are not apparent.
The younger the child, and the more vulnerable they are, the more serious the consequences are likely to be.
Children may experience a range of emotional, psychological and physical impacts as a result of being harmed,
including:
 permanent physical injuries or death
 low self-esteem
 increased fear, guilt and self-blame
 distrust of adults
 depression
 suicidal thoughts and self-harming
 anxiety disorders
 attachment disorders
 post-traumatic stress disorder
 learning disorders, including poor language and cognitive development
 aggressive behaviour and other behavioural problems
 developmental delay, eating disorders and physical ailments
 delinquency and criminal behaviour, including violence towards others
 drug and alcohol abuse and high-risk sexual behaviour
 difficulty forming relationships with other adults
 behaviour that leads to them being singled out, bullied and victimised.
The most serious effects are likely to occur when no one takes action to help stop the abuse
and protect the child.
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With early identification and appropriate response and support, children can recover from experiences of abuse
and neglect. A child’s support network, and bonds with those who believe and protect them, will help them to
cope. Support and counselling can also help them identify protective behaviours and establish positive
relationships for the future.
Without effective support, ongoing child abuse can have long-term effects on individuals and communities.
Research links the experience of childhood abuse with psychological problems, an increased risk of suicide and
drug and alcohol misuse.1
Definition of harm
Harm is defined in the CPA in s.9 as any detrimental effect of a significant nature on the child’s physical,
psychological or emotional wellbeing irrespective of how the harm was caused.
Harm can be caused by—

physical,

psychological,

emotional/psychological abuse,

neglect, or

sexual abuse or exploitation.
Harm can also be caused by—

a single act, omission or circumstance or

a series or combination of acts, omissions or circumstances.
Signs of abuse and harm
There are many signs that might lead school staff or volunteers to have concerns about a student. Staff members
should be aware of physical, emotional and behavioural signs and patterns of abuse and harm. These signs may
indicate that a student is at risk of harm or may actually be suffering harm. Signs are more significant if they are
severe, occur in combination and/or continue over a period of time.
It is important to remember:

to keep an open mind when encountering signs of harm to a child as the presence of these signs does not
necessarily mean that harm has occurred

the signs are more significant if they are severe and/or form a pattern

the younger the child involved, the greater the risk

all factors need to be considered including the student’s circumstances and family context.
1
Child Abuse: what you need to know. Department of Communities, Child Safety and Disability Services, 1 July 2014:
http://www.communities.qld.gov.au/resources/childsafety/child-protection/child-abuse-booklet.pdf.
6 |
In general terms, something may be wrong if you see student behaviour such as:

nervousness / withdrawal

passivity / excessive compliance

poor peer relationships

trouble concentrating at school/unexpected drop in school academic performance

frequent absences from school without acceptable explanations

being aggressive, stealing or running away

out of character behaviour

behaviour that is different to peers

in younger students:


separation anxiety

changed eating patterns
in older students:

drug / alcohol use,

sexual promiscuity,

self-harm, or

reckless and risk-taking behavior. 2
Examples of signs for the specific types of abuse and harm you may see include:
2
PHYSICAL
NEGLECT
DOMESTIC VIOLENCE
 Facial, head, neck bruises or
lacerations
 Burns/scalds
 Multiple injuries or bruises,
especially over time
 Fractures, dislocations, twisting
injuries
 Explanation offered by child not
consistent with the injury
 Repeated injuries with the same
explanation e.g. “I fell off my bike”
 Delay in achieving
developmental milestones
 Untreated physical problems
 Poor personal hygiene leading
to social isolation
 Scavenging for/stealing food,
lack of adequate school
lunches
 Self-comforting behaviour
 Extreme seeking of adult
affection
 Flat and superficial way of
relating
 Difficulties in eating and
sleeping
 Regressive behaviour
 Developmental delays
 Child is over-protective of the
mother
 Abuse of siblings/parent
EMOTIONAL/PSYCHOLOGICAL
SEXUAL





 Direct or indirect disclosures of abuse
 Age-inappropriate sexual behaviour and knowledge
 Use of threats, coercion or bribery to force other children into
sexual acts
 Sexual themes/fears expressed in artwork, written work or play
 Repeated urinary tract infections, especially in little girls
 Physical trauma to buttocks, breasts, genitals, lower abdomen,
thighs
 Unexplained accumulation of money/gifts
Inability to value self and others
Lack of trust in people
Statements from the child e.g.
“I’m bad” or “I was born bad”
Extreme attention seeking
behaviours
Student Protection Policy and Procedure Updated January 2015. Diocese of Toowoomba Catholic Education.
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Types of abuse and harm
Physical abuse
Physical abuse occurs when a child has suffered, or is at risk of suffering, non-accidental physical trauma or
injury.
Physical abuse can include:
 hitting with a hand or implement

drowning or attempted drowning

shaking

cutting or biting

throwing or pushing

poisoning

burning or scolding with hot water

female genital mutilation
Bodily indicators of physical abuse can include:
 broken bones

sprains and dislocations

brain injury

bites

injuries to eyes and teeth

lacerations or abrasions

ligature marks


unexplained bruises or welts often of
different ages
poisoning (including indicators such as
vomiting, incoherent behaviour and
unconsciousness)

burns and scalds

genital damage
Possible behavioural indicators of physical abuse can include:
 reporting injury by parents/guardians
 behavioural extremes (e.g.
aggression/withdrawal) or excessive
 unusual or unexplained injuries or
compliance
explanations that are inconsistent, vague
or difficult to believe

fear of parents or carers
wearing inappropriate clothing in an
attempt to cover injuries (e.g. wearing a
jumper in warm weather)

reluctance or fear of going home

a marked delay between injury and seeking
medical assistance

frequent unexplained absenteeism or
prolonged school refusal


extreme wariness of adult contact
lack of concern for the child’s wellbeing or for
seeking treatment and care of the child’s
injury

forms attachments to strangers too readily


apprehension when other children cry
repeated visits to health services with
injuries, poisoning or minor complaints

3
Remember, physical abuse may not always leave visible marks or injuries.
3
Child Abuse: what you need to know. Department of Communities, Child Safety and Disability Services, 1 July 2014:
http://www.communities.qld.gov.au/resources/childsafety/child-protection/child-abuse-booklet.pdf
8 |
Sexual abuse
The EGPA s.364 provides the following definition for sexual abuse:
Sexual abuse, in relation to a relevant person, includes sexual behaviour involving the relevant person and
another person in the following circumstances –
(a) the other person bribes, coerces, exploits, threatens or is violent toward the relevant person;
(b) the relevant person has less power than the other person;
(c) there is a significant disparity between the relevant person and the other person in intellectual capacity or
maturity.
NB: ‘Relevant person’ means a person mentioned in sections 366 (1) (a) – (c) or 366A (1) (a) – (c).
The Child Safety Services resource Child sexual abuse: things you need to know
sexual abuse:
4
provides a definition for child
‘Child sexual abuse occurs when a male or female adult, or a more powerful child or adolescent (including a
sibling), uses power to involve a child in sexual activity.’
Sexual abuse can be physical, verbal or emotional and can include:

kissing or holding a child in a sexual manner

exposing a sexual body part to a child

having sexual relations with a child

talking in a sexually explicit way that is not age or developmentally appropriate

making obscene phone calls or remarks to a child

sending obscene mobile text messages or emails to a child

fondling a child in a sexual manner

persistently intruding on a child’s privacy

penetrating the child’s vagina or anus by penis, finger or any other object

oral sex

rape

incest

showing pornographic films, magazines or photographs to a child

having a child pose or perform in a sexual manner

forcing a child to watch a sexual act

child prostitution.
4
Child Sexual Abuse: things you need to know. Department of Communities, Child Safety and Disability Services, 4 August
2014: Child sexual abuse - Child Safety Services, Department of Communities, Child Safety and Disability Services
(Queensland Government)
| 9
Physical indicators of sexual abuse can include:

injury to the genital or rectal area e.g. bruising, bleeding, discharge, inflammation or infection

discomfort in urinating or defecating

an unusual vaginal odour or discharge

pain or itching in the genital area, difficulty walking or sitting

presence of foreign bodies in vagina and/or rectum

sexually transmitted diseases

frequent urinary tract infections

pregnancy, especially in very young adolescents

anxiety related illnesses e.g. anorexia or bulimia

torn, stained or bloody clothing, especially underwear

layers of clothing to hide injuries and bruises e.g. to breasts, buttocks and thighs.
Possible behavioural indicators of sexual abuse include:
5

disclosure of sexual abuse

regressive behaviour e.g. bed-wetting, soiling or speech loss

persistent and age-inappropriate sexual activity or comments e.g. excessive masturbation, rubbing
genitals against adults, etc.

displays of sexual knowledge, language or behaviour beyond what is expected for the child’s age or
developmental level

inappropriate sexual play and behaviour with themselves, other children or dolls and toys

an unusual interest in or pre-occupation with sexual matters

sexually suggestive behaviour with adults or older children

promiscuity or prostitution

poor social boundaries

poor/deteriorating relationships with adults and peers

fear of home, specific places or particular adults or running away from home

poor self-care or personal hygiene

sleeping difficulties

persistent psychosomatic complaints

depression, self-harm, drug or alcohol abuse, attempted suicide

refusing to undress in front of others for activities or often wearing layers of clothing

creating stories, poems or artwork about abuse

difficulty concentrating and being withdrawn or overly obedient

sudden decline in academic performance, poor memory and concentration. 5
Student Protection Guidelines Version: January 2015. Department of Education, Training and Employment.
10 |
Age appropriate sexual behaviours
The Traffic Lights® framework provides a useful way of considering sexual behaviours. The three categories of
green, orange and red provide information to assist in understanding and responding to sexual behaviours.

Green indicates healthy. These are sexual behaviours which are normal and age appropriate.

Orange indicates concern. These are sexual behaviours which are not usual or show increased risk to
health and safety.

Red indicates harm. These are behaviours which show a child is acting harmfully, being harmed or may
have been harmed.

This framework uses four age ranges to indicate what is age appropriate (green) and what is not (orange
and red):

0 – 4 years

5 – 9 years

10 – 13 years

14 – 17 years
Most sexual behaviours in children are normal and healthy and will be in the green category. Concerning or
harmful sexual behaviours are less common. Being able to identify whether behaviours are healthy, concerning
or harmful is an essential part of helping children. Each category requires adults to respond in different ways to
provide information, support and protection.
When assessing behaviour, it is important to consider the situation and not the behaviour alone. There will also
be individual differences between children, in their development, interests and personality. 6
Further information is provided on page 71. The Traffic Lights® framework can be downloaded from the TRUE
(formerly Family Planning Queensland) website at:
http://www.fpqteachers.com.au/professional-development/traffic-lights-guide/.
An App has also been released, based on the Traffic Lights® framework. Cost is $2.49 and is available in iPad
and Android tablet formats from:
https://itunes.apple.com/au/app/traffic-lights-sexual-behaviours/id999193423?mt=8&ign-mpt=uo%3D8.
Grooming
What is grooming?
Sexual abuse can happen abruptly, but more often is preceded by a period of ‘grooming’. Abusers and victims
often know one another for significant periods (a year or more is common) before the first abuse incident.
Grooming typically involves a graduation from attention-giving and nonsexual touching to increasingly more
intimate behaviours. Much of this will appear ambiguous both to the victim and others who may observe it. The
abuser may not become conscious of sexual motivations until late in the process, sometimes just minutes before
the first incident itself. Grooming is likely to become more conscious and deliberate following the first incident.
Child sex offenders groom children, their parents or carers, and/or organisational representatives to build trusting
relationships through which they can use children for their own sexual gratification. 7
6
Is This Normal? Understanding your child’s sexual behaviour. Holly Brennan and Judy Graham.
Sexual abuse in schools: ANALYSIS (3 of 5) Professor Stephen Smallbone, Griffith University (2013):
http://www.ucl.ac.uk/jdibrief/crime/sexual-abuse-in-schools.
7
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Victim
Girls are around twice as likely as boys to be sexually victimised. Girls are more likely to be abused repeatedly, in
domestic settings, and at a younger age (average around 9-12 years). Boys are more likely to be abused over
shorter periods, in non-familial settings, and at an older age (around 12-15 years). Victims of adolescent abusers
are generally younger than for adult abusers.
Vulnerability to sexual victimisation may be increased if the child is lonely, has problems at home, is emotionally
needy, and lacks confidence. Sexual victimisation may itself lead to further isolation from family and peers.
Abuse by strangers, and abuse involving physical injuries, is more likely to be reported. In other circumstances
victims can develop complex emotional bonds with their abuser, and may feel responsible for the abuse.
Disclosures are more likely to be made to a trusted friend, family member, or teacher, than directly to child
protection authorities or to the police. 8
Delayed reporting is common
Effects vary widely. Abuse by a father or father-figure, a longer duration and frequency of abuse, and more intrusive
abuse, are associated with more negative outcomes. Reactions by significant others to detection or disclosure can
affect psychological outcomes in positive or negative ways. Victimisation increases risk of further sexual
victimisation, sometimes in different contexts and in later stages of life.
Negative impacts
Social impacts include:






social skills inhibited
social isolation
lack of ability to relate to others
negative family relations
lack of trust in adults / parents
bullied
Psychological impacts include:









embarrassment
post-traumatic stress symptoms
self-harm
loss of confidence
aggression
violent outburst
normalisation of sexual actions
hypersexual development
difficulty self-disclosing: the process of grooming directly leads to the child’s continued silence. The inability
to disclose and discuss their abuse reinforces and exacerbates the long-term harm to the child and inhibits
the ability to seek help.9
8
9
In their own words: Young people’s vulnerabilities to being groomed and sexually abused online. Whittle, H.C., HamiltonGiachritsis, C.E., & Beech, A.R. (2014) Psychology, 5 (10), 1185.
12 |
Offender
Offenders are most likely to be adolescent and adult males. Except for antisocial or psychopathic traits, in which
case problem behaviours are likely to be generalised, there is no personality type that would indicate risk of
sexual abusing. Rather, the potential abuser is likely in all other respects to appear normal, even ordinary.
Some offenders may abuse purely for sexual gratification, and will be indifferent to the experience of the victim.
Others’ motivations may involve a disorganisation of care-seeking, care-giving and sexual motivations. The
situation may be made worse by efforts to avoid detection, which may include committing the child to secrecy,
implied or actual threats, and in some cases violence.10
Grooming behaviours
Grooming is a pattern of behaviour aimed at engaging a child as a precursor to sexual abuse. Typically the
sexual offender will build a relationship with the child, use presents and inducements to maintain secrecy, and
gradually desensitise the child to touch and sexualisation of the relationship.
Some of the behaviours likely to be seen when a child is being groomed for abuse include:

secrecy (probably the most important indicator)

sharing of gifts/bribes – purchasing things the child wants

anything that will make the child feel special

isolating the child from family, friends and other support networks – creating an ‘us (abuser and child)
versus others’ style of relationship

regularly offering to babysit a child for free or take a child on overnight outings alone

insisting on physical affection such as kissing, hugging, wrestling or tickling even when the child clearly
does not want it

insisting on time alone with the child with no interruption

taking and accumulating lots of pictures of children

sharing alcohol or drugs with younger children or adolescents

inappropriate sharing of personal information about the abuser to the child and inappropriate ‘equality’ in
the relationship

being overly interested in the sexual development of a child

grooming the family and environment of the child

gradual desensitisation of the child to touch and gradual sexualisation of the relationship.
Social networking sites and the internet have become important avenues for sexual offenders to target students
and begin the grooming process. Sexual offenders may pose as other students to gain the trust and co-operation
of intended child victims.11
Table 1 outlines the way that each type of offender may operate in a given setting, though it should be remembered
that this is a broad approach and there is no fool-proof mechanism for categorising offenders before, or in many
cases after, they abuse a child.
10
11
| 13
Table 1:
Setting/Offender
Situational
Opportunistic
Committed
Public
Stimulated to offend in the
course of short-term contact
with a child in generally
accessible locations
Exploits sexual opportunities
when encountering children
in generally accessible
locations
Frequents generally
accessible locations where
children are likely to be in
order to access those
children
Institutional
[Organisational]
course of routine quasiparental duties while working
or volunteering in an
organisation that caters to
children
while working or volunteering
in an organisation or agency
that caters to children
Joins organisations or seeks
employment in agencies that
cater to children in order to
access those children
Domestic
course of routine childcare
duties
when left alone with children
Establishes relationships with
single mothers or befriends
neighbours with children in
order to access their children.
(Smallbone, Marshall & Wortley 2008)
The majority of known offenders in organisational and institutional settings are ‘deliberately seeking situations in
which they might abuse’ (Faller, 1988). These offenders have either ‘generated or made use of existing
environments of pervasive secrecy’ that exists at organisations (Green, 1999). Grooming is able to occur in such
environments because there is no awareness, oversight, or openness. 12
Criminal Offence
The Criminal Code Act 1899 (Qld) provides an offence for grooming children under 16 in s.218B.
Grooming children under 16 (extract)
(1) Any adult who engages in any conduct in relation to a person under the age of 16 years, or a person the adult
believes is under the age of 16 years, with intent to—
(a) facilitate the procurement of the person to engage in a sexual act, either in Queensland or elsewhere; or
(b) expose, without legitimate reason, the person to any indecent matter, either in Queensland or elsewhere;
commits a crime.
Maximum penalty—5 years imprisonment.
If the person is under 12 years, the term of imprisonment is 10 years.
A sexual act is deemed to be if the person:

allows a sexual act to be done to the person’s body; or

does a sexual act to the person’s own body or the body of another person; or

otherwise engages in an act of an indecent nature.
To read the offence in full go to: https://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf
12
Child Grooming Offending all the way through from the start. A report prepared for Child Wise by Trisha Randhawa &
Scott Jacobs: http://childwise.blob.core.windows.net/assets/uploads/files/Grooming%20%20Exploring%20the%20call%20for%20law%20reform%20-%20Child%20Wise%20(Web).pdf.
14 |
Online grooming
Recent advances in information and communication technologies have enabled adults with an inappropriate
sexual interest in children to establish contact with them, to develop relationships and to groom potential victims
for sexual abuse.13
Online predators use all forms of technology in order to connect with children. E-mail, instant messaging programs,
bulletin boards, chat rooms, social media and gaming sites are all used to connect with a child and gain their
trust.14
Child grooming, a premeditated behaviour intended to secure the trust and cooperation of children prior to
engaging in sexual conduct, is a process that commences with sexual predators choosing a location likely to be
attractive to children.15
Online grooming is conducted in a similar fashion to grooming in the real world and is often a preliminary step to
procuring, where the adult through the words and actions attempt to loosen the child’s inhibitions regarding sexual
activity or heighten their curiosity by sending pornographic material or talking about sexual matters.
The aim of the predator is to eventually meet the child in person for the purposes of sexual activity. The process
often starts with the sending to the child pornographic images so as to normalise the requests, and then moves to
requesting the child send naked images of themselves or perform a sex act on a web cam.
Children believe that those who are ‘nice’ online will be the same in the real world. Young people firmly believe
that they have the ability to identify a paedophile online and would never talk to one. Children take risks and can
be quite naïve. Many are on social networking sites, sharing personal information. Online offenders are
increasingly adept at ‘targeting’ those who were making themselves vulnerable online, by not having for example,
privacy settings.16
Both parents and teachers should be aware of the various types of online risks and of what actions can be taken.
It is also important to recognise that children may be reluctant or hesitant to inform their teachers, parents, or
guardians and probably adults in general, about potentially dangerous activities they encounter online out of fear
of having limits placed on their use of internet or mobile phones.
What makes children vulnerable?

undeveloped social skills

less likely to pick up relevant cues (e.g. inappropriate remarks) during conversations

low self-esteem

lack of confidence

naivety
Impacts
There is clear evidence in the academic literature that sexual abuse during childhood creates long-term problems
for those who have been victimised. Many exhibit serious mental health problems as well as behavioural disorders
and addictions. This occurs not only with children who experience offline sexual abuse, but also online exploitation.
13
Queensland police stings in online chat rooms. Krone, T. 2005. Trends & issues in crime and criminal justice no. 301:
http://www.aic.gov.au/publications/tandi2/tandi301.html
14
Cyber Safety Fact Sheets Cyber Safety Solutions, 2015: http://www.cybersafetysolutions.com.au/fact-sheets.shtml
15
Australian Institute of Criminology (AIC) 2008. Online child grooming laws. High tech crime brief no. 17. Canberra: AIC:
http://www.aic.gov.au/publications/htcb/htcb017.html
16
Cyber Safety Fact Sheets Cyber Safety Solutions, 2015: http://www.cybersafetysolutions.com.au/fact-sheets.shtml
| 15
Some research has found that the impact of grooming on child victims is exacerbated if pornography is involved
as this can make incidents more enduring in the minds of victims. Davidson (2007), for example, explained that
children are re-victimised each time their image is accessed, with images on the internet forming a permanent
record of abuse.17
Criminal offences
A number of criminal offences relating to online child sexual grooming exist in both the Criminal Code Act 1899
(Qld) and the Criminal Code Act 1995 (Cwth). These include:
Criminal Code Act 1899 (Qld)
s. 217 Procuring young person etc. for carnal knowledge (extract)
A person who procures a person who is not an adult or is a person with an impairment of the mind to engage
in carnal knowledge (either in Queensland or elsewhere) commits a crime.
Maximum penalty—imprisonment for 14 years.
s. 218A Using internet etc. to procure children under 16 (extract)
Any adult who uses electronic communication with intent to procure a person under the age of 16 years, or
a person the adult believes is under the age of 16 years, to engage in a sexual act, either in Queensland or
elsewhere, commits a crime.
Maximum penalty – 10 years imprisonment
ss. 228A, 228B, 228C and 228D are offences relating to producing, possessing and distributing child exploitation
material.
s. 229B Maintaining a sexual relationship with a child
Maximum penalty – Life imprisonment
To read the offences in full, refer to: https://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf
Criminal Code Act 1995 (Cwth)
s.474.24 Using a postal or similar service to procure persons under 16 years of age
Penalty – Imprisonment for 15 years
s. 474.25 Using a postal or similar service to "groom" persons under 16 years of age
Penalty – Imprisonment for 12 years
To read the offences in full, refer to: https://www.comlaw.gov.au/Details/C2015C00507/Html/Volume_2
17
Current practice and research into internet sex offending. Davidson J 2007. Paisley, UK: Risk Management Authority.
16 |
For further information the following resources are useful:

‘Sexual abuse in schools: ANALYSIS (1 to 5)’ by Professor Stephen Smallbone, Griffith University
(2013) at http://www.ucl.ac.uk/jdibrief/crime/sexual-abuse-in-schools.

‘Child Grooming Offending all the way through from the start’ A report prepared for Child Wise by Trisha
Randhawa & Scott Jacobs at http://childwise.blob.core.windows.net/assets/uploads/files/Grooming%20%20Exploring%20the%20call%20for%20law%20reform%20-%20Child%20Wise%20(Web).pdf.
Sexting
What is ‘sexting’?
Sexting is a concerning trend that involves children and young people taking sexually explicit images or videos of
themselves and sending them to their friends or to other people. This practice has escalated in recent times due
to the increased uptake of smart devices and phones.
Of significant concern is that once the image or video is transmitted the child or young person loses complete
control. It has the potential to be easily shared with other people within the child’s personal life and social
community, and could be severely embarrassing now and in the future. 18
Is sexting a crime?
It is a criminal offence to take or create, possess, send or intend to send images of a person aged under 18
years of age who is:




involved in a sexual activity
in a sexual pose
acting in a sexual way
exposing their genitals
Sending images of this nature of people under 16 years is considered to be ‘Child Exploitation Material’. Police
will often refer to this material as CEM.
Criminal offences
The Criminal Code Act 1899 (Qld) provides a range of offences including a definition of CEM.
s.207A child exploitation material means material that, in a way likely to cause offence to a reasonable adult,
describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years—
(a) in a sexual context, including for example, engaging in a sexual activity; or
(b) in an offensive or demeaning context; or
(c) being subjected to abuse, cruelty or torture.
s.210 Indecent treatment of children under 16 (extract)
(1) Any person who—
(a) unlawfully and indecently deals with a child under the age of 16 years; or
(b) unlawfully procures a child under the age of 16 years to commit an indecent act; or
(c) unlawfully permits himself or herself to be indecently dealt with by a child under the age
of 16 years; or
18
Who’s Chatting to your Kids? Queensland Police Service, 2015:
https://www.police.qld.gov.au/programs/cscp/personalSafety/children/childProtection/Documents/whoschattingebook.p
df
| 17
(d) wilfully and unlawfully exposes a child under the age of 16 years to an indecent act by the offender
or any other person; or
(e) without legitimate reason, wilfully exposes a child under the age of 16 years to any indecent object
or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or
(f) without legitimate reason, takes any indecent photograph or records, by means of any device, any
indecent visual image of a child under the age of 16 years;
is guilty of an indictable offence.
To read the offence in full, refer to: https://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf
s.227B Distributing prohibited visual recordings (extract)
(1) A person who distributes a prohibited visual recording of another person having reason to believe it to be
a prohibited visual recording, without the other person’s consent, commits a misdemeanour.
(2) In this section—
distribute includes—
(a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not;
and
(b) make available for access by someone, whether by a particular person or not; and
(c) enter into an agreement or arrangement to do something in paragraph (a) or (b); and
(d) attempt to distribute.
prohibited visual recording, of another person, means—
(a) a visual recording of the person in a private place or engaging in a private act made in
circumstances where a reasonable adult would expect to be afforded privacy; or
(b) a visual recording of the person’s genital or anal region, when it is covered by underwear or bare,
made in circumstances where a reasonable adult would expect to be afforded privacy in relation to
that region.
s.228 Obscene publications and exhibitions (extract)
(1) Any person who knowingly, and without lawful justification or excuse—
(a) publicly sells, distributes or exposes for sale any obscene book or other obscene printed or written
matter, any obscene computer generated image or any obscene picture, photograph, drawing, or
model, or any other object tending to corrupt morals; or
(b) exposes to view in any place to which the public are permitted to have access, whether on payment
of a charge for admission or not, any obscene picture, photograph, drawing, or model, or any other
object tending to corrupt morals; or
(c) publicly exhibits any indecent show or performance, whether on payment of a charge for admission
to see the show or performance or not;
is guilty of a misdemeanour, and is liable to imprisonment for 2 years.
The term of imprisonment increases to 5 years if the person is under 16 years and to 10 years if the person is
under 12 years of age.
18 |
s.228A Involving child in making child exploitation material
(1) A person who involves a child in the making of child exploitation material commits a crime.
involves a child in the making of child exploitation material includes—
(a) in any way concerns a child in the making of child exploitation material; and
(b) attempts to involve a child in the making of child exploitation material.
s.228B Making child exploitation material
(1) A person who makes child exploitation material commits a crime.
make child exploitation material includes—
(a) produce child exploitation material; and
(b) attempt to make child exploitation material.
s.228C Distributing child exploitation material
(1) A person who distributes child exploitation material commits a crime.
distribute child exploitation material includes—
(a) communicate, exhibit, send, supply or transmit child exploitation material to someone, whether
to a particular person or not; and
(b) make child exploitation material available for access by someone, whether by a particular
person or not; and
(c) enter into an agreement or arrangement to do something in paragraph (a) or (b); and
(d) attempt to distribute child exploitation material.
s.228D Possessing child exploitation material
A person who knowingly possesses child exploitation material commits a crime.
These offences can be found at: https://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf
Responding to and reporting information relating to CEM
The following advice has been drawn from the ‘Responding to problem sexual behaviour in children and young
people: Guidelines for staff in education and care settings’, produced by the South Australian Government,
Catholic Education, South Australia and the Association of Independent Schools of South Australia (2013).
Sometimes serious sexual behaviour involves the use of electronic images (photographs and videos). These
images may be on social network sites, mobile phones and /or digital cameras or stored on an individual or
school computer or other mobile device.
The sending of nude or sexually provocative images of self or others electronically should always be considered
seriously and responded to immediately.
In all situations involving nude or sexually provocative images of children or young people or images capturing
sexual assault or sexual crimes, staff members are advised to:
| 19

quarantine the electronic device without opening to view images (it is recognised that sometimes these
or printed images will be shown to staff by students and this is unavoidable) or deleting any material

take whatever actions are possible at the school to block other children or young people’s access to
harmful images if these are on the site’s network, but ‘hide’ don’t delete

quarantine the material in a secure place with the school/college Principal until it can be assessed by
police who will determine its significance

contact police (CPIU) immediately and follow police instructions. Do not contact students or their parents
or the particular network site until advised to do so by the police. See Appendix 5 for a list of CPIU
contact details.
Under no circumstance are school staff to retain, show or disseminate image/s of this nature,
in doing so you may be committing a criminal offence.
Emotional/psychological abuse
Emotional abuse was the most common substantiated type of abuse across Australia in the 2012-13 reporting
period (AIHW, 2014). Historically, emotional abuse has been more common than sexual abuse in Australia,
however research on the characteristics of those who perpetrate emotional abuse has been less prominent.
Emotional maltreatment is often defined as both acts of omission (emotional neglect) and commission (emotional
or psychological abuse) that is associated with impairment in a broad range of behavioral, emotional (e.g., selfesteem) and social problems (i.e., social competence) (Tonmyr, Draca, Crain, & MacMillan, 2011). 19
Emotional/psychological abuse occurs when a child’s social, emotional, cognitive or intellectual development is
impaired or threatened. Emotional/psychological abuse can include emotional deprivation due to persistent:

rejection

hostility

teasing/bullying

yelling

criticism

exposure of a child to domestic and family violence.
Emotional/psychological abuse may also feature:

age or developmentally inappropriate expectations on the child

over-protection

limitation of exploration and learning.
Physical indicators of emotional/psychological abuse include:
19

speech disorders

delays in emotional, mental or physical development

failure to thrive without an organic cause.
Who abuses children? Australian Institute of Family Studies: https://aifs.gov.au/cfca/publications/who-abuses-children
20 |
Possible behavioural indicators of emotional/psychological abuse include:

overly compliant, passive and undemanding behaviour

extremely demanding, aggressive and attention seeking behaviour

anti-social and destructive behaviour including compulsive lying or stealing

low tolerance or frustration

poor self-image and low self-esteem

unexplained mood swings

lack of trust of others

feelings of worthlessness about life and themselves

anxiety, depression, self-harm and suicidal thoughts

eating hungrily or hardly at all

behaviours that are not age appropriate (e.g. overly adult, or overly infantile)

fear of failure, overly high standards and excessive neatness

poor social and interpersonal skills

a parent or carer constantly criticising, threatening, belittling, insulting or rejecting the child. 20
Domestic and family violence
The contemporary understanding of domestic violence is a person being subjected to an ongoing pattern of
abusive behaviour by an intimate partner or family member. This behaviour is motivated by a desire to dominate,
control or oppress the other person and to cause fear.
The Domestic and Family Violence Protection Act 2012 provides definitions of domestic violence, associated
domestic violence, exposed to domestic violence and emotional or psychological abuse:
s.8 Meaning of domestic violence (extract)
(1) Domestic violence means behaviour by a person (the first person) towards another person (the
second person) with whom the first person is in a relevant relationship that –
(a) is physically or sexually abusive; or
(b) is emotionally or psychologically abusive; or
(c) is economically abusive; or
(d) is threatening; or
(e) is coercive; or
(f) in any other way controls or dominates the second person and causes the second person to fear
for the second person’s safety or wellbeing or that of someone else.
(2) Without limiting subsection (1), domestic violence includes the following behaviour –
(a) causing personal injury to a person or threatening to do so;
(b) coercing a person to engage in sexual activity or attempting to do so;
(c) damaging a person’s property or threatening to do so;
(d) depriving a person of the person’s liberty or threatening to do so;
(e) threatening a person with the death or injury of the person, a child of the person, or someone else;
(f) threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to
whom the behaviour is directed;
(g) causing or threatening to cause the death of, or injury to, an animal, whether or not the animal
belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the
person;
20
Child Abuse: what you need to know. Department of Communities, Child Safety and Disability Services. 1 July 2014:
http://www.communities.qld.gov.au/resources/childsafety/child-protection/child-abuse-booklet.pdf.
| 21
(h) unauthorised surveillance of a person;
(i) unlawfully stalking a person.
To read the information in full, refer to: https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DomeFamVPA12.pdf
s.9 Meaning of associated domestic violence
Associated domestic violence means behaviour mentioned in section 8 (1) by a respondent towards –
(a) a child of an aggrieved; or
(b) a child who usually lives with an aggrieved; or
(c) a relative of an aggrieved; or
(d) an associate of an aggrieved.
s.10 Meaning of exposed to domestic violence
A child is exposed to domestic violence if the child sees or hears domestic violence or otherwise
experiences the effects of domestic violence.
Examples of being exposed to domestic violence –

overhearing threats of physical abuse

overhearing repeated derogatory taunts, including racial taunts

experiencing financial stress arising from economic abuse

seeing or hearing an assault

comforting or providing assistance to a person who has been physically abused

observing bruising or other injuries of a person who has been physically abused

cleaning up a site after property has been damaged

being present at a domestic violence incident that is attended by police officers
s.11 Meaning of emotional or psychological abuse
Emotional or psychological abuse means behaviour by a person towards another person that torments,
intimidates, harasses or is offensive to the other person.
Examples –
 following a person when the person is out in public, including by vehicle or on foot
 remaining outside a person’s residence or place of work
 repeatedly contacting a person by telephone, SMS message, email or social networking site
without the person’s consent
 repeated derogatory taunts, including racial taunts
 threatening to disclose a person’s sexual orientation to the person’s friends or family without the
person’s consent
 threatening to withhold a person’s medication
 preventing a person from making or keeping connections with the person’s family, friends or
culture, including cultural or spiritual ceremonies or practices, or preventing the person from
expressing the person’s cultural identity
22 |
Seeing, hearing, or being aware of violence in the family can be very emotionally harmful for children, regardless
of whether they themselves are physically abused. Exposure to domestic and family violence is a form of
emotional/psychological abuse.
Physical indicators of domestic and family violence include:

speech and language disorders without a plausible alternative explanation

delays in physical development

failure to thrive without an organic cause

bruises cuts or welts on facial areas and other parts of the body including back, bottom, legs, arms and
inner thighs

any bruises or welts (old or new) in unusual configurations or those that look like the object used to make
the injury for example fingerprints, handprints, buckles, iron or teeth

internal injuries which may be indicated by the child complaining of pain

acting overly compliant, shy, withdrawn, passive and uncommunicative.
Possible behavioural indicators of domestic and family violence include:

extremely demanding, aggressive, attention seeking behaviour

antisocial, destructive behaviour

low tolerance or frustration

showing wariness or distrust of adults

demonstrated fear of parents, carers or guardians and of going home

becoming very passive and compliant

depression

anxiety

criminal activity.21
Impact of domestic and family violence
Children who live in homes where there is domestic violence grow up in an environment that is unpredictable, filled
with tension and anxiety and dominated by fear. This can lead to significant emotional and psychological trauma,
similar to that experienced by children who are victims of child abuse. Instead of growing up in an emotionally and
physically safe, secure, nurturing and predictable environment, these children are forced to worry about the
future; they try to predict when it might happen next and try to protect themselves and their siblings. Often getting
through each day is the main objective so there is little time left for fun, relaxation or planning for the future.
Children living with domestic violence suffer emotional and psychological trauma from the impact of living in a
household that is dominated by tension and fear. These children will see their mother threatened, demeaned or
physically or sexually assaulted. They will overhear conflict and violence and see the aftermath of the violence
such as their mother's injuries and her traumatic response to the violence. Children also may be used and
manipulated by the abuser to hurt their mother.
Children may be caught in the middle of an assault by accident or because the abuser intends it. Infants can be
injured if being held by their mothers when the abuser strikes out. Children may be hurt if struck by a weapon or a
thrown object and older children are frequently assaulted when they intervene to defend or protect their mothers
(Hilberman and Munson 1977-78).
21
| 23
How domestic violence impacts on children

Poor concentration

Always on edge, wary

Aggression, hyperactivity, disobedience

Fantasise about normal home life

Disturbed sleep, nightmares

Pessimism about the future

Withdrawal, low self-esteem

Physical symptoms

Showing no emotion ('spaced out')
How domestic violence impacts on young people

Depression

Anxiety

Withdrawal

Abuse of parents

Take on a caretaker role prematurely, trying
to protect their mother

Poorly developed communication skills

Parent-child conflict

Enter marriage or a relationship early to
escape the family home

Embarrassed about family

Shame

Poor self-image

Eating disorders

Low academic achievement

Dropping out from school

Low self-esteem

Staying away from home

Leaving home early

Running away from home

Feeling isolated from others

Violent outbursts

Participating in dangerous risk-taking
behaviours to impress peers

Alcohol and substance abuse

Difficulty communicating feelings

Nightmares

Experiencing violence in their own dating
relationships

Physical injuries when they try to intervene
to protect mother

Suicide
24 |
The extent to which each child will be impacted varies depending on:

the length of time the child was exposed to the domestic violence

the age of the child when the exposure began

whether the child has also experienced child abuse with the domestic violence

the presence of additional stressors such as poverty, community violence, parental substance abuse or
mental illness and disruptions in family life

whether the child has a secure attachment to a non-abusing parent or other significant adult

whether the child has a supportive social network

whether the child has strong cultural identity and ethnic pride

the child's own positive coping skills and experience of success

family access to health, education, housing, social services and employment
Often the behavioural and emotional impacts of domestic and family violence will improve when children and the
non-offending parents are safe, the violence is no longer occurring and they receive support and specialist
counselling.
Apart from the emotional, physical, social and behavioural damage abuse creates for children, statistics show that
domestic violence can also become a learned behaviour. This means that children may grow up to think it is okay
to use violence to get what they want and as adults that it is okay for there to be violence in their relationships. 22
Neglect
Only a person who has a responsibility to provide appropriate care for a child can fail to provide that care, therefore
neglect is predominantly a parental issue. However, other individuals who have been charged with the care of a
child, such as foster carers, teachers or child care providers can also be responsible for neglect.
Neglect was the most commonly reported form of maltreatment in children in New South Wales, Queensland,
South Australia, and the Northern Territory (AIHW, 2014). Research that focuses on the characteristics of adults
who neglect children is limited. Prevalence studies rarely assess neglect (Scott, Higgins, & Franklin, 2012). Child
protection data indicate that biological parents are held responsible for the majority of neglect cases (AIHW, 2014;
Sedlak et al., 2010).23
Neglect occurs when a parent or other caregiver does not:

adequately provide for a child’s needs for food, clothing, personal hygiene, supervision, housing or health
care / treatment or

take adequate precautions to ensure the child’s safety.
Physical indicators of neglect include:

consistently dirty and unwashed, including poor personal hygiene, matted hair or body odour

consistently inappropriately dressed for weather conditions

consistently without adequate supervision and at risk of injury or harm
22
IMPACT OF DOMESTIC VIOLENCE ON CHILDREN AND YOUNG PEOPLE, Domestic Violence Prevention Centre Gold Coast
Inc: http://www.domesticviolence.com.au/pages/impact-of-domestic-violence-children-and-young-people.php
23
Understanding child neglect. Australian Institute of Family Studies:
https://aifs.gov.au/cfca/publications/understanding-child-neglect
| 25

consistently hungry, tired and listless

unattended health / medical / dental problems and lack of routine medical care

frequent illness, infections or sores

inadequate shelter and unsafe or unsanitary conditions

abandonment by parents

failure to thrive or malnutrition
Possible behavioural indicators of neglect include:

begging, stealing or hoarding food

gorging when food is available or inability to eat when extremely hungry

withdrawn, listless, pale and thin

aggressive or irritable behaviour

delinquent acts such as vandalism

drug and alcohol abuse

little positive interaction with parent, carer or guardian

poor socialising habits

excessively friendly with strangers

indiscriminate with affection

poor, irregular or non-attendance at school

comments from a child that no one is home to provide care

self-destructive behaviours

taking on an adult role of caring for parent.24
s.286 of the CC outlines Duty of person who has care of child:
(1) It is the duty of every person who has care of a child under 16 years to—
(a) provide the necessaries of life for the child; and
(b) take the precautions that are reasonable in all the circumstances to avoid danger to the child’s life,
health or safety; and
(c) take the action that is reasonable in all the circumstances to remove the child from any such danger;
and he or she is held to have caused any consequences that result to the life and health of the child
because of any omission to perform that duty, whether the child is helpless or not.
person who has care of a child includes a parent, foster parent, step parent, guardian or other adult in
charge of the child, whether or not the person has lawful custody of the child.
This information can be found at: https://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf
Neglect can also take the form of being left unsupervised over long periods of time or being abandoned or forced
to leave home.25
24
25
26 |
Criminal offence
s.364A of the CC outlines the offence of leaving a child under 12 unattended:
(1) A person who, having the lawful care or charge of a child under 12 years, leaves the child for an
unreasonable time without making reasonable provision for the supervision and care of the child during
that time commits a misdemeanour.
(2) Whether the time is unreasonable depends on all the relevant circumstances.
This section can be found at: https://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf
| 27
5 Responding to Allegations of Abuse and
Harm
Nothing prevents a staff member of a school or any person from taking immediate action to notify a relevant State
authority (ie the Queensland Police Service and/or Child Safety) if he/she believes that it is essential to act to
ensure a student’s safety.
If a staff member of a school has notified a concern according to these processes but does not feel sure that the
appropriate action is being taken to ensure a student is safe from harm, he/she should discuss the concerns with
an SPO or their Principal.
Where there is any doubt about an allegation, suspicion or report of harm of a student by any person the decision
must be in favour of reporting the allegation.
In an emergency outside business hours, reports can be made to the Department of Communities (Child Safety
Services) 24 hour service, (Ph: 1800 177 135) or the Queensland Police Service on 000 (emergency) or Policelink
(24/7) 131 444.
Reasonable grounds to suspect abuse or harm, or risk of abuse or harm
What is a ‘suspicion’ of harm?
A suspicion of harm is when someone has a reasonable suspicion that a child has suffered, is suffering, or is at
an unacceptable risk of suffering, significant harm. This includes circumstances which relate to an unborn child
who may be in need of protection after he or she is born. A child who has been, or may be experiencing, abuse
may show behavioural, emotional or physical signs of stress and abuse.
There may also be other circumstances where there is concern for a child’s welfare but it does not reach the
threshold to be considered a disclosure or suspicion of harm.
You have a duty of care to follow up any suspicions of harm or potential risk of harm to children and young people
in your care. You can do this by observing and recording the actions of children who might be at risk, and reporting
your concerns to the relevant authority.
You can suspect harm if:
26

a child or young person tells you they have been harmed

someone else, for example another child, a parent, or an employee, tells you that harm has occurred or is
likely to occur

a child or young person tells you they know someone who has been harmed (it is possible that they may
be referring to themselves)

you are concerned at significant changes in the behaviour of a child or young person, or the presence of
new unexplained and suspicious injuries, or

you see the harm happening.26
Child and Youth Risk Management Strategy Toolkit. Public Safety Business Agency Queensland Government.
28 |
Please Note: At times information may come to a staff member's attention indirectly (perhaps third hand). In these
cases the following issues should be considered:

in some cases, clarification of this information may be appropriate. However, it is not the school’s role to
investigate or confirm the validity of the information. Staff members should always err on the side of caution
and report their suspicions;

details about how the information came to the school’s attention should be included in the school’s written
report 27 (see Student Protection Reporting forms in Section 8)
Guidelines for dealing with a disclosure
Staff members are often the first people students may tell when they are feeling unsafe.
If a student tells you about being abused or harmed:
Do

remain calm, listen attentively, actively and be non-judgemental

ensure there is a private place to talk

encourage the student to talk in their own words

only question the student if absolutely necessary and restrict yourself to questions of clarification such
as ‘Tell me what happened…and/or Tell me more about that….’

ensure the student is advised that the disclosure cannot remain a secret and it is necessary to tell someone
in order to get help

reassure the student that they have done the right thing to tell; e.g. ‘I am pleased you have told me these
things’

reassure them they are not to blame

provide pastoral support to the student and be aware of the privacy issues involved

be honest about your responsibility to take action

encourage the student to share the disclosure with an SPO

document the disclosure clearly and accurately, including a detailed description of:


the relevant dates, times, locations and who was present

exactly what the student disclosing said, using ‘I said,’ ‘they said,’ statements

the questions you asked

any comments you made, and

your actions following the disclosure
follow any relevant process for reporting a disclosure of harm and consider whether there are requirements
to report matters to the Queensland Police Service or Child Safety.
Do not
27

react emotionally or make accusations

seek any more information than is absolutely necessary

ask leading or probing questions or put words in the student’s mouth

make promises that you cannot keep – particularly about not telling others about the information such as
the Principal or a Student Protection Officer

leave the child alone immediately after a disclosure
Student Protection Policy and Procedure Updated January 2015. Diocese of Toowoomba Catholic Education.
| 29

discuss the situation with parents, caregivers or others (other than those designated eg Principal or
Student Protection Officer)
REMEMBER
Do not investigate. This is the responsibility of the relevant state authority.
S13H CPA – Conferrals with colleague and related information sharing
Provides for a mandatory reporter (teacher/registered nurse) to give information to a colleague and for a colleague
to give information to them for the following purposes:

to assist in forming a reasonable suspicion that a child has suffered or is at risk of suffering significant
harm caused by physical or sexual abuse

to form a reasonable suspicion about whether there is a parent able and willing to protect (for example; a
teacher with a reportable suspicion may give information to the Principal at the school to enable him or
her to take appropriate action to protect the child or other children from risk of harm.)

to allow for appropriate action to deal with suspected harm or risk of harm to a child.
NB: Colleague means a person working in or for the same entity as the mandatory reporter.
Ongoing support of students
All students affected by student protection matters will react differently, however generally providing the student
with stability and security is important. To achieve this:

provide security in regular routines and prepare students for changes in routines

provide clear and consistent rules, boundaries and expectations if there are behavioural concerns

provide the student with appropriate avenues for someone to talk to if they require it

monitor peer relations, academic work and general behaviour. If there are significant changes in these
areas, look for ways to provide support; and

provide opportunities for the student to have positive outcomes and feel good about themselves.
Ongoing support of staff
Taking action in student protection matters can be stressful for all staff members.
Staff members need to be aware of their own reactions. They may need support and assistance for their own
feelings of anger, fear and helplessness.
It is suggested that the Principal should ensure that any staff member involved in any student protection incident
is provided with opportunities for support and debriefing, e.g., access to an Employee Assistance program.
Supporting students and implementing preventative strategies
In all situations the Principal is required to take action to support the best interests of the student/s, which may
include involving the school/college counsellor or other support services or personnel, as required.
30 |
Schools can also consider implementing the following preventative strategies:

revisit the Student Protection in Anglican Schools Policy and Procedures with students, highlighting the
role of, and access to, Student Protection Officers

revisit the Student Protection in Anglican Schools Policy and Procedures on an annual basis to remind all
staff of their key accountabilities and obligations

periodically remind staff of processes required when responding appropriately to incidents of sexual
behaviour or student sexual relationships

when required, review supervision procedures taking into consideration possible risks and circumstances
within the school environment

provide abuse prevention education (see Appendix 2 - Abuse Prevention Education)

review the school/college annual Child and Youth Risk Management strategy

if required, contact the Child Protection Support Officer, Anglican Schools Commission for advice on
student sexual behaviours, student sexual relationships or student protection matters.
Taking photographs of injuries
Staff members must not take photos of injuries to students. If required, this is facilitated by the Queensland Police
Service.
Contact with parents/carers
When the concerns of harm to a student are in relation to someone in the student’s family and/or someone who
resides in the student’s home, the parents/carers must not be informed of the concerns by the school before or
after the report is made.
In such cases the investigating police or Child Safety officers will advise the parents/carers.
Student reports and confidentiality
Should the allegation of inappropriate behaviour, abuse and/or harm, suspected abuse or harm, or risk of abuse
or harm by a student be reported, the student should be advised that his/her information has been noted and that
the information will be actioned.
The student should be asked not to discuss the matter with any other staff or students and it should be suggested
that she/he discuss the matter only with his/her parents and/or the appropriate authorities (eg the Queensland
Police Service or Child Safety).
No further questioning or interviews should be held with the student at this stage besides ensuring the immediate
safety of the student and others.
The staff member who has reported the alleged inappropriate behaviour and/or abuse or harm to a student by
another staff member or volunteer to an SPO or the Principal must maintain confidentiality and be careful not to
discuss the incident with others.
The staff member must not inform the person who is the subject of the allegation.
Protection from liability
A person who makes a report pursuant to ss. 366 or 366A of the EGPA or section 13E of the CPA will be protected
from any civil or criminal liability e.g. from defamation or breach of confidence. However, staff making a knowingly
false, malicious or vexatious report will not be protected by this immunity and may risk action for defamation,
disciplinary action by their employer or disciplinary action by the Queensland College of Teachers.
| 31
An employee who makes a voluntary report to Child Safety or the QPS outside the Student Protection Policy
reporting processes will also be entitled to seek the protections afforded by the CPA provided they have complied
with s.197A CPA.
Student Protection reporting forms
Refer to Section 8, page 54.
Responses to other forms of harm of a student
A student may suffer, or be at risk of suffering, other forms of significant harm that do not constitute a mandatory
report under the applicable legislation or policy. For example, a student may harm themselves, be harmed by
another student, or be harmed by a person not associated with the school or family – for example the assault of a
child on the way to school. The following provides guidance for responding to these forms of harm.
Student self-harm
The school/college self-harm policy and procedures should be adhered to at all times.
The following information is provided as additional guidance to assist with responding to or reporting harm (self
harm) of a student, regardless of age.
Where a staff member forms a reasonable suspicion that a student has self-harmed or is at risk of self-harm, the
first priority is the immediate safety of the student, and determining whether the self-injury or risk of self-injury is
significant, for example an injury requiring medical attention. The priority in cases of significant self-harm is
therefore meeting the immediate medical and psychological needs of the student, which may require the
administration of first aid and/or immediate contact with emergency services or mental health services.
The staff member should raise the concern of self-harm with an SPO or the Principal, and contact should be made
with the student’s parent/carer if appropriate.
In all cases of self-harm, parents and carers should be made aware of the self-harm concern in order to protect
the student outside of school, unless doing so places the student at an increased risk of significant harm, in which
case mandatory reporting processes would apply.
Documenting the management of the concern and response, and any further issues is important in all cases of
student self-harm, regardless of age.
Student under 18 years of age
Where the staff member forms a reasonable suspicion that a student has suffered significant self-harm, or is at
risk of significant self-harm and may not have a parent able and willing to protect the student from harm, for
example refusing to support the student in accessing medical or psychological care, then a Student Protection
report must be made to Child Safety as a concern of neglect. Refer to Flowchart 1 on page 33.
Student over 18 years of age
Adult students’ safety and wellbeing is to be responded to as per the steps in Flowchart 1.
32 |
Flowchart 1: Responding to self-harm
| 33
Harm caused by another student
When a student has been harmed or placed at risk of harm through the actions of another student:
as appropriate, intervene to reduce or prevent harm, including arranging first aid if required; and
discuss the incident with the Principal and provide all documents and records relating to the incident to the Principal
for storage in a secure location.
If the harm is alleged to have been caused by sexual abuse, the matter is to be immediately reported to the police
(EGPA) and if the reporting threshold is met, i.e. may not have a parent able and willing to protect from harm,
report to CSS (CPA).
Where there is a significant injury or immediate risk of significant injury to a student, the priority is meeting the
immediate medical needs of the student, which may require the administration of first aid, immediate contact with
QAS and contacting the student’s parent(s) or carer(s).
Behaviour between students should be managed in accordance with the school’s written processes for the conduct
of students, often referred to as behaviour management guidelines. In cases where criminal offences have been
alleged, for example the serious assault of a student by another student over the age of 10 years, parents and
carers should be made aware of the option to pursue action through the Queensland Police Service.
NB: Under Queensland law children under 10 years of age are not criminally responsible for their actions.
Allegations of bullying behaviours, including online behaviours, should be managed in accordance with the
school’s bullying/cyberbullying procedures.
The Principal should:

ensure all students are safe from further harm

notify parents

manage a student’s behaviour in accordance with the school’s Student Behaviour and Student Code of
Conduct Policies)

advise the student/s subject to the harm, and their parents, of their right to report the act of harm directly
to QPS in instances where it constitutes a criminal offence

advise parents and students that, if the school is approached by QPS officers as a consequence of a
report made by them about the matter, the school will assist QPS officers where permitted or required by
law to do so

liaise with employees to ensure students are supported at school

involve the School Counsellor and other support specialists if necessary.
Abuse or harm of an adult student
Persons 17 years and over in Queensland are considered to be criminally responsible for illegal actions as an
adult person, however persons under the age of 18 years of age are considered to be a child under the Child
Protection Act 1999, and a student (under 18 years) under the Education (General Provisions) Act 2006. Students
18 years and over do not fall within the legislative provisions of the CPA and EGPA.
It is to be acknowledged that the welfare and safety of all students, regardless of age, in Anglican schools will be
considered as paramount. The Student Protection in Anglican Schools Policy and Procedures clearly outlines the
legislative and policy requirements relating to students under the age of 18 years.
34 |
There is no legislative or policy requirement placed on employees, volunteers or visitors of an Anglican school to
report harm or abuse of an adult student (18 years and above) to a State Authority.
If a disclosure, allegation or concern of contemporary or historical child sexual abuse, relating to an adult student,
are raised to an employee, volunteer or visitor of an Anglican school, the information must immediately be provided
to the school/college Principal. The Principal is to:

ensure that the immediate and future safety concerns are addressed;

provide all necessary support and pastoral care;

undertake only the necessary inquiries to establish:

contemporary or historical abuse

nature of the abuse (sexual or otherwise)

if the alleged abuser is a ‘church worker’, other employee, volunteer or visitor to the school

is there a potential criminal offence;

immediately report allegation to DPS, if the allegation relates to sexual assault/abuse by a ‘church
worker’ (i.e. employee past or present);

inform the adult student of their right to report an alleged criminal offence to the police (the police will
determine if any statute of limitations for prosecution exist);

support the adult student in the making of the report to the police (e.g. provision of a support person);

only advise the parent/carer with consent from the adult student; and

provide all other reasonable assistance and support as identified.
Further advice can be sought from the Child Protection Support Officer, Anglican Schools Commission
(3835 2294) or from the Director, Office of Professional Standards, Anglican Church Southern Queensland
(3835 2266).
| 35
6 Information sharing and confidentiality under
the Child Protection Act 1999
Chapter 5A of the CPA allows the sharing of relevant information between prescribed entities / particular prescribed
entities and service providers who provide services to children and families.
The purpose of the information sharing provisions is to remove barriers to the exchange of relevant information to:

promote a child's well-being

effectively meet a child’s protection and care needs

facilitate the coordination of service delivery to relevant children and families.
Relevant information
s. 159C of the CPA provides for the giving of relevant information to Child Safety or to another service provider.
Relevant information may be information about a relevant child, the child’s family or someone else; or a pregnant
woman or her unborn child. The relevant information may be comprised of facts or opinion. There are some
restrictions on the provision of information about a person’s criminal history to the extent it relates to a conviction
[for more information refer to s. 159C (4) (a) – (b)].
Confidentiality of notifier’s identity
Under s.186 of the CPA a notifier is a person who notifies the chief executive of Child Safety, an officer of Child
Safety, a police officer, doctor or nurse of suspicions that a child has been, is being or is likely to be, harmed or an
unborn child may be at risk of harm after he or she is born.
Under this section of the CPA any person who becomes aware of the identity of a notifier must not disclose the
identity of the notifier to another person unless the disclosure is permitted under exceptions specified in s.186. A
maximum penalty of 40 penalty units may apply.
Protection from liability for sharing information
In Queensland, all notifiers, including mandatory notifiers, are protected under s.197A (see also s.13D) of the CPA
from liability for notification of, or information given about, alleged harm or risk of harm.
This provision in the CPA applies if an individual, acting honestly and reasonably:

notifies the chief executive or a departmental officer of a suspicion that a child has been, is being or is
likely to be, harmed or that an unborn child may be at risk of harm after he or she is born

gives information to the chief executive, an authorised officer or a police officer about alleged harm or
risk of harm to a child or risk of harm to an unborn child after he or she is born

shares information with a colleague (under s.13H of the CPA) to inform a mandatory reporting decision
about whether a child may have been harmed or be at risk of harm as a result of physical or sexual abuse
or whether a parent is able and willing to protect the child.
36 |
The Student Protection in Anglican Schools Policy & Procedure has been developed to be compliant with the CPA
reporting requirements that apply to staff.
An employee who complies with the procedure and the CPA will:

be protected from liability in civil, criminal or administrative processes

not have breached any code of professional etiquette or ethics or departed from accepted standards of
professional conduct

have a defence in a proceeding for defamation

not have contravened any Act, oath or law that requires them to maintain confidentiality

not be liable to disciplinary action.
Voluntary reports to Child Safety or QPS
An employee who makes a voluntary report to Child Safety or QPS, outside the Student Protection Policy reporting
processes will also be entitled to seek the protections afforded by the CPA provided they have complied with
ss.197A and 186.
Sharing and receiving information
Sharing relevant information with Child Safety
s.159M (1) (e) CPA
When sharing relevant information with Child Safety, the Principal should:

require any request for information be made in writing, using the Request for Information – Student
Protection form, refer to p. 55 for more information. (Available from ASC website).

ensure the request sets out the name and authority of the officer making the request and cites the relevant
statutory provision under which the request is made.
In an emergency a verbal request can be followed by a written request. A record of the verbal exchange should
be retained and attached to the written request when received.
The Principal must reasonably believe that sharing the information will assist Child Safety to:

investigate an allegation of harm or risk of harm to a child or assess a child’s need for protection

take action or decide if they reasonably suspect a child is in need of protection

investigate or assess, before the birth of a child, the likelihood that the child will need protection after he
or she is born

offer help and support to a pregnant woman under s.21A CPA

develop, or assess the effectiveness of, a child’s case plan

assess or respond to the health, educational or care needs of a relevant child

make plans or decisions relating to, or provide services to, a relevant child or the child’s family.
Sharing relevant information with Family and Child Connect
As part of the Queensland Government’s Stronger Families reform program, community-based intake and referral
services, known as FaCC, provide an additional pathway for referring concerns about children and their families.
FaCC provides information and advice to individuals seeking assistance for children and families where there are
concerns about the child’s wellbeing.
| 37
Under ss.13B and 159M (1) (e) of the CPA, the Principal (prescribed entity) is able to refer a student and their
family to and share relevant information with an FaCC service, without the student’s or family’s consent to prevent
the student becoming a child in need of protection. When information is shared in these circumstances, only
information required to facilitate the referral can be shared. Any further information sharing can only occur with
the family’s consent.
Sharing relevant information with other departments and service providers
When sharing information with any other service provider (see definition below), the Principal sharing the
information must reasonably believe the information will assist the service provider to:

decide whether information about suspected harm or risk of harm to a child should be given to Child Safety

decide whether information about an unborn child who may need protection after birth

help Child Safety to offer help and support to a pregnant woman

assess or respond to the health, educational or care needs of a child in need of protection

otherwise make plans or decisions relating to, or to provide services to, a child in need of protection or the
child’s family

offer help and support to a child or child’s family to stop the child becoming a child in need of protection.
The Principal may also, in accordance with the CPA, share relevant information:

to collaboratively develop an Education Support Plan (ESP) for a student in out-of-home care with Child
Safety staff and other key stakeholders. Electronic version available from ASC website under resources,
templates.

as part of collaborative planning undertaken by a SCAN team. Refer to the Suspected Child Abuse and
Neglect (SCAN) on page 69.
Consent for sharing information with entities other than Child Safety
While the CPA permits sharing of personal information without consent of the persons concerned for the purpose
of referrals, best practice would indicate that referrals should be pursued only on a consent basis unless there are
exceptional circumstances that justify sharing without consent. Staff should be cognisant of the potential negative
reactions of the persons concerned of sharing their personal information without consent, even where staff
consider the sharing beneficial or protective in nature.
NB: It is also important to note that information about a pregnant woman and her unborn baby can never be
shared without the pregnant woman’s consent.
Receiving relevant information
The CPA allows the Principal to receive relevant information about a child or their family from:


38 |
Child Safety [s.159M(4)] to help the school or college –

assess or respond to the health, educational or care needs of the child

make plans or decisions about the child or the child’s family

provide services to the child or their family.
any other service provider [s.159M (3)].
Who is a service provider?
Service providers, as defined in s.159D of the CPA, include:

prescribed entities (under s.159D of the CPA) including:

the chief executive of the Department of Communities, Child Safety and Disability Services

an authorised officer under the CPA

a licensee (of a licensed care service)

the public guardian

the chief executive of a department that is mainly responsible for adult corrective services, community
services, disability services, education, housing services, public health

the chief executive officer of the Mater Misericordiae Health Services Brisbane

a health service chief executive within the meaning of the Hospital and Health Boards Act 2011

the police commissioner

the principal of a school that is accredited, or provisionally accredited, under the Education
(Accreditation of Non-State Schools) Act 2001

the person in charge of a student hostel

the chief executive of another entity, that provides a service to children or families, prescribed under a
regulation.

another person providing a service to children or families

a recognised entity which is an entity, under s.246l of the CPA, with whom Child Safety officers can consult
about issues relating to the protection and care of Aboriginal or Torres Strait Islander children.
Type of information to be shared
Examples of relevant information that may be shared by a Principal, where applicable, include:

the child’s name, date of birth, aliases, family and contact details

the child’s Student ID number

details of previous school/s attended

student achievement information

student attendance records/patterns of attendance

information about social and emotional development

the student’s behaviour in the school setting (including suspensions and/or exclusions)

information about peer relationships

parental/carer involvement with child/school/staff

indicators (physical/emotional/behavioural) of abuse or neglect

any other school concerns for the child’s protection or wellbeing or in relation to the family’s functioning

details of an Education Support Plan

actions implemented by school staff to monitor or support ongoing wellbeing, participation and education
outcomes of a student.
Information provided to Child Safety or any other service provider should be:

factual;

based on observations or information provided to the employee; and

pertinent to the investigation, assessment or provision of services.
| 39
Employees must also not disclose confidential information about a student or another employee to anyone except
within relevant legislative and policy frameworks including s.426 (2) of the EGPA and the information sharing
provisions in the CPA noted previously.
40 |
7 Student protection reporting/referral
requirements
EGPA REPORTING
Sections 366 & 366A – sexual abuse, suspected sexual abuse or likely sexual
abuse
Sections 366 and 366A of the EGPA requires a staff member who becomes aware, or reasonably suspects, in the
course of their employment at the school, that a student has been sexually abused, or is likely to be sexually
abused by another person to immediately make a written report to the Principal or the director of the school’s
governing body.
Flowchart 2 on page 42 has been developed to assist with understanding the reporting framework.
| 41
Flowchart 2: Reporting Sexual abuse s.366 / Likely sexual abuse s.366A
(EGPA 2006)
Appendix 8 includes an explanation of terms in red.
42 |
CPA REPORTING
Who is a child in need of protection?
A child in need of protection is defined in s.10 of the CPA as a child who—

has suffered significant harm, or

is suffering significant harm, or

is at unacceptable risk of suffering significant harm; and

does not have a parent able and willing to protect the child from harm.
Mandatory reporting (legislation)
Under s.13E of the CPA a teacher or registered nurse must make a written report directly to Child Safety Services
when they reasonably and honestly suspect a child a) has suffered, is suffering or is at an unacceptable risk of suffering significant harm caused by
physical or sexual abuse; and
b) may not have a parent able and willing to protect the child from harm.
Refer to Flowchart 3 on page 47.
Required reporting of harm (policy)
Under s. 13A of the CPA any person may make a report when they reasonably suspect:

a child may be in need of protection; or

an unborn child may be in need of protection after he or she is born.
Teachers and Registered Nurses (as a ‘relevant person’ 13E CPA)

must make a written report to Child Safety when they reasonably and honestly suspect a child has
suffered, is suffering or is at an unacceptable risk of suffering significant harm caused by other forms of
abuse (psychological/emotional or neglect) and may not have a parent able and willing to protect the child
from harm.
Student Protection Officers (if not a ‘relevant person’ CPA)

must make a written report to Child Safety when they reasonably and honestly suspect a child has
suffered, is suffering or is at an unacceptable risk of suffering significant harm (regardless of abuse type)
and may not have a parent able and willing to protect the child from harm.
All employees, volunteers and visitors
All employees, volunteers and visitors to the school will immediately report all concerns and suspicions of harm
or risk of harm of a student to a Student Protection Officer (SPO) or the Principal. The SPO or the Principal will
determine if the concern is ‘reportable’ i.e. meets the threshold or if a referral to a community based support service
would be of benefit to the child and/or family.28
Refer to Flowchart 3 on page 47.
28
Student Protection in Anglican Schools – Policy and Procedures. Anglican Church Southern Queensland.
| 43
What is significant harm?
s.13C (2) – (3) CPA provides considerations to assist in forming a reasonable suspicion.
(2) The matters that the person may consider include (a) Whether there are detrimental effects on the child’s body or the child’s psychological or
emotional state (i) that are evident to the person; or
(ii) that the person considers are likely to become evident in the future; and
(b) In relation to any detrimental effects mentioned in paragraph (a) –
(i) their nature and severity; and
(ii) the likelihood that they will continue; and
(c) the child’s age.
(3) The person’s consideration may be informed by an observation of the child, other knowledge about
the child or any other relevant knowledge, training or experience that the person may have.
A professional may use their knowledge, training and expertise in identifying significant harm, which
recognises that professionals may detect an impact of harm that non-professional people may not.
Who is a parent?
s.11 CPA provides definitions of a parent.
(1) A parent of a child is the child’s mother, father or someone else (other than Child Safety) having or
exercising parental responsibility for the child.
(2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of
the child.
(3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a
parent of the child.
(4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as
a parent of the child.
(5) A reference in the CPA to the parents of a child or to 1 of the parents of a child is, if the child has only
1 parent, a reference to the parent.
Parent able and willing
A child in need of protection (s.10 CPA) is one who does not have a parent able and willing to protect them from
harm, however (s.13E (2) (b) CPA) provides that a reportable suspicion can be formed if there may not be a parent
able and willing. The legislation does not require professionals outside of Child Safety to conduct an assessment
or investigation in this regard.
A person may reasonably suspect that a parent is able and willing to protect their child from harm when the person
believes the parent has both the ability and the willingness to ensure the safety, wellbeing and best interests of
the child.
Staff might also need to consider whether any factors may be significantly impacting on a parent’s ability or
willingness to care for and protect their child. These could include suspected or known:

alcohol or substance misuse

mental health concerns

domestic or family violence

physical or intellectual disability.
44 |
A parent’s ability and willingness may be evident in both their statements and their direct and indirect actions.
Table 2 contains examples that may assist when considering a parent’s ability and willingness to protect a child.
Table 2
You suspect that a parent is able and willing to
protect their child because….
You suspect that a parent is not able and willing to
protect their child because….
you speak, for the second time, with the parent
about your concerns in relation to their child’s
inappropriate sexual behaviour towards other
children in their class. The parent tells you they
tried to deal with the issue after the first incident but
don’t know what to do and agree to a referral to a
local specialist counselling service.
you speak, for the second time, with the parent about
your concerns in relation to their child’s inappropriate
sexual behaviour towards other children in their class.
The parent becomes very confrontational and says the
teacher is persecuting them. The parent refuses to
acknowledge there is a problem and says other
children must have been responsible.
you speak with the parent about your concerns for
their child who has become very fearful and has
told you they’re scared of their older brother who
physically assaults and verbally abuses them. The
parent appears unaware of the issue and states
they will address the behaviour with the older
brother and seek counselling for the child to build
their resilience.
you speak with the parent about your concerns for
their child who has become very fearful and has told
you they’re scared of their older brother who physically
assaults and verbally abuses them. The parent says
the child just needs to grow up and that he should give
him a good belting for causing so much trouble.
you speak with a parent about your concerns for
their 8 year old child who had no lunch or breakfast
on a few occasions and told you they were left
alone at home while the parent went to work. The
parent says they will speak with their sister about
baby sitting and agrees to a referral to the Intensive
Family Support service.
you speak with a parent about your concerns for their
8 year old child who had no lunch or breakfast on a
few occasions and told you they were left alone at
home while the parent went to work. The parent
doesn’t return your calls.
you speak with a parent about your concerns for
their child who’s been self-harming and has
suicidal thoughts. The parent acts immediately to
access appropriate mental health services.
you speak with a parent about your concerns for their
child who’s been self-harming and has suicidal
thoughts. The parent belittles the child or minimises
the concerns and refuses to obtain any mental health
support.
you’re aware the parent is currently or has
previously worked with support services.
the parent told you they were trying to work on their
issues but then they didn’t work with support services they didn’t attend appointments or take up the support
offered.
the parent seems to be trying to make the changes
suggested by support professionals to address the
concerns.
the parent attends appointments with support services
or professionals but then doesn’t try to make the
changes suggested to address the concerns.
the parent’s aware of their child’s medical condition
and the medical care required and do get the
recommended medical treatment.
the parent’s aware of their child’s medical condition
and the medical care required but they choose not to
get the recommended medical treatment.
the parent tells you their spouse left the family,
they’ve started drinking, aren’t coping and can’t
take care of their children properly. The parent
agrees to a referral to the Family and Child
Connect (FaCC) service.
the parent tells you their spouse left the family, they’ve
started drinking, aren’t coping and can’t take care of
their children properly. The parent refuses a referral
to the FaCC service and tells you they don’t need
anyone sticking their nose in their business.
| 45
Staff are not required to investigate any aspect of a student protection concern before making a report, i.e. staff
are not required to carry out a systematic or formal inquiry into a student protection matter, including interviewing
relevant persons; examine the facts of a student protection report; or make a determination about whether a child
is in need of protection.
However, they may seek information from a student or other relevant persons to the extent necessary to clarify
whether the matter reaches the threshold for a student protection report to determine an appropriate course of
action.
Staff are not required to investigate any aspect of a student protection concern before making a report
s.13H of the CPA permits teachers and registered nurses (as mandated reporters) to confer with colleagues at the
school, such as the Student Protection Officer or Principal, or other relevant staff when forming a ‘reasonable
suspicion’.
Appendix 6 (from ASC Resource sheet 7) provides the reporting/referring process in schools.
Table 3 provides an overview of the reporting framework for school staff.
Table 3
46 |
Flowchart 3: Reporting ‘harm’ of a child (CPA 1999)
Appendix 9 includes an explanation of terms in red.
| 47
Queensland Child Protection Guide
The Child Protection Guide (CPG) is an online decision support tool that has been designed for professionals
who hold concerns about children and their families. The aim of the CPG is to assist professionals with their
decisions to report their concerns to Child Safety or refer families directly to a support service or to a FaCC or
IFS service. The CPG is accessible on the Child Safety website at:
http://www.communities.qld.gov.au/childsafety/partners/our-government-partners/queensland-child-protectionguide/online-child-protection-guide.
The decision to make a student protection report is often not an easy or clear one. The CPG supports professionals
in their decision making by:

focusing on the critical factors for decision making

clearly identifying the threshold for concerns that require a report to Child Safety

applying the legislation to ensure reporting obligations are met

identifying other avenues for supporting a family where the concerns do not meet the reporting threshold

providing details of available local support services

providing a consistent and objective framework for analysing concerns

promoting shared principles, language and thresholds.
The CPG should be considered as a tool to assist prior to making a report or referral. The CPG provides
recommendations ONLY which are to be considered with all of the available information, knowledge and
experience held by the SPO.29
Each path through a decision tree leads to a decision point. After completion of the CPG, a copy of the final
summary report may be saved and/or printed. Specific instructions will also be provided depending on the
recommendation outcome.
Child Protection Guide Outcomes
Monitor
child
wellbeing
29
Refer
directly to
support
service
Refer to
Family and
Child
Connect
Refer to
Intensive
Family
Support
Report to
RIS Child
Safety
48 |
Actions when concerns do not meet the threshold for a report to Child
Safety or QPS
When student protection concerns do not meet the threshold for a report to either Child Safety or QPS relevant
school staff may, under s.13B of the CPA, take other actions to obtain support for a student and family to prevent
the student from becoming a child in need of protection in the future.
Staff will determine that the reporting threshold has not been met either through completion of the relevant decision
support trees in the CPG, discussions with a Student Protection Officer, Principal or other colleagues.
Actions that may be taken to support the student and family include:

referral to the local FaCC service

referral to an Intensive Family Support service

referral to another government or non-government agency

referral to one or more school based student health and wellbeing services e.g., school counsellor or
Chaplain.

class teacher or year co-ordinator to monitor and support.
Referral process for community based support
Supporting vulnerable children and families
Wherever possible, it is best for children to remain with their families and for those families to be linked with support
services early, before issues escalate and statutory child protection intervention is required. Where a family has
complex or multiple needs, assistance may also be required to assess these needs and support the family to
access required services in a timely way.
s.13B CPA states:
(1) Under division 2, if a relevant person has a reportable suspicion about a child, the person is required to
report the matter to the chief executive.
(2) If a relevant person does not have a reportable suspicion about a child but considers the child is likely to
become a child in need of protection if no preventative support is given, the person may take other
appropriate action under this Act.
(3) For example, if the relevant person is a prescribed entity to which section 159M applies, the person
may give information under that section to a service provider so the service provider can offer help and
support to the child or child’s family to stop the child becoming a child in need of protection.
To ensure that families are linked to services in a timely way, Student Protection Officers or Principals, can, with
consent, refer children and families to:

the local FaCC service;

local Intensive Family Support Service ; and/or

other government and non-government service providers.
Consent for referral to support services
Under ss.13B and159M of the CPA, the Principal as the ‘prescribed entity’ is able to refer a student and family
to and share relevant information with support services without the student’s or family’s consent to prevent the
student becoming a child in need of protection. When information is shared in these circumstances, only
information required to facilitate the referral can be shared. Any further information sharing can only occur with
the family’s consent.
| 49
Only a Principal as the prescribed entity can refer to a FaCC without consent.
A Principal cannot delegate this legislative provision.
While the CPA permits sharing of personal information without consent of the persons concerned for the purpose
of the referrals mentioned below, best practice would indicate that the above referrals should be pursued only on
a consent basis unless there are exceptional circumstances that justify sharing without consent. Staff should be
cognisant of the potential negative reactions of the persons concerned of sharing their personal information without
consent, even where staff consider the sharing beneficial or protective in nature.
A referral to FaCC or an IFS service is made in writing using the web-based E-Referral form (Child Safety). Refer
to page 56.
NB: The appropriateness of a support service response may need to be reconsidered where a school
has serious concerns for the safety of the student or a staff member as a result of seeking consent from
one or both parents. In such cases, the more appropriate response may be a Student Protection Report
to Child Safety (E-REPORT) as this may indicate concerns about the parent’s ability and willingness to
protect the student from harm.
Family and Child Connect (FaCC) services
The FaCC services are community based intake and referral services that ensure vulnerable children and families
are linked in a timely way to appropriately targeted local support services to address identified needs. FaCC
services respond to enquiries and referrals relating to the wellbeing of vulnerable children (unborn up to under 18
years) and their families and support families who are at risk of entering or re-entering the child protection system.
Key functions of the FaCC services include:

providing information

completing assessments

providing advice and referral

active engagement with families

needs identification

referral for support and intervention

leading a local level alliance of government and non-government services.
The FaCC services, which can be accessed by mandatory reporters, government and non-government
organisations, families and members of the public, will be open Monday to Friday 52 weeks a year, excluding
public holidays. Contact with, or referral to, the service can be made:

in person

by phone (13FAMILY or 13 32 64) - telephones will be staffed from 8.30am to 5.30pm on normal business
days and for extended hours until 7.30pm one evening each week

by email

via the web enabled E-Referral form which can be accessed from the Child Safety website at
https://secure.communities.qld.gov.au/CBIR# or via the Child Protection Guide.
Further information is available on the FaCC website at https://www.qld.gov.au/community/caring-child/familychild-connect/
It is important to record in a file note, as soon as practicable, that consent has been provided to share
relevant information and refer to a community based service.
50 |
Intensive Family Support (IFS) services
Intensive Family Support (IFS) services work with vulnerable families to address multiple and/or complex needs
and build the family’s capacity to safely care for and protect their children. The services engage with families to
strengthen the protective factors within the family to ensure children can safely live at home. The target group for
IFS services are vulnerable children (unborn up to under 18 years) at risk of entry or re-entry into the statutory
child protection system, and their families.
Contact with, or referral to, the IFS services can be made:
 in person
 by phone
 by email
 via the web enabled E-Referral form which can be accessed from the Child Safety website at
https://secure.communities.qld.gov.au/CBIR or via the Child Protection Guide.
Referral criteria:





Child: unborn to 18
No current ongoing intervention with a CSSC
Family at risk, or entering or re-entering child protection system
Family would benefit from intensive support
Family have multiple or complex needs.
Further information on the services is available from the Child Safety website.
FaCC and IFS service locations
The 20 services are available in the following locations. Anglican schools will have access to FaCC and IFS
services in their area as outlined below:
LOGAN
MORETON BAY
Canterbury College
St Paul’s School
SUNSHINE COAST / GYMPIE
MARYBOROUGH / BUNDABERG
Matthew Flinders Anglican College
Fraser Coast Anglican College
St Andrew’s Anglican College
St Luke’s Anglican Schoo
TOWNSVILLE
TOOWOOMBA / ROMA
The Cathedral School
TACaPS
All Souls St Gabriels School
The Glennie School
MACKAY
CAIRNS
Whitsunday Anglican School
Trinity Anglican School
BRISBANE NORTH
BRISBANE SOUTH
St Margaret’s Anglican Girls School
Cannon Hill Anglican College
Hillbrook Anglican School
Anglican Church Grammar School
BRISBANE SOUTH WEST
IPSWICH
St Aidan’s Anglican Girls’ School
West Moreton Anglican College
St John’s Anglican College
The Springfield Anglican College
GOLD COAST
St Hilda’s School
The Southport School
All Saints Anglican School
Coomera Anglican College
| 51
Other government and non-government service providers
While the FaCC services provide one pathway to accessing local support services, Principals and Student
Protection Officers can continue to refer families directly to support services when they:

have a clear understanding of the family’s needs;

have the family’s consent to contact service providers; and

are aware of an appropriate service within the local community that can work with the family to meet these
needs.
To make a referral or seek information about services, the Student Support Officer or Principal, parent or student
(if appropriate) should contact the relevant service directly. Where the staff member is contacting the service on
the student’s or parent’s behalf and is sharing information about the student and their family, consent should be
obtained prior to contacting the service.
oneplace
The Queensland government has released (November 2015) an online Community Services Directory. oneplace
has more than 46,000 records listed with the directory, growing every day. oneplace is an easily accessible
directory of community services to help Queensland families to get to the right service at the right time. From
parenting groups and classes to domestic and family violence support services, oneplace is the go-to resource
for children, families, community members and professionals looking to find local support in Queensland, and can
be accessed at: https://www.oneplace.org.au/
The following sources may provide additional valuable information about supporting children and families and
available government and non-government services:

Child Safety Stocktake of Family Support Services accessible at
https://publications.qld.gov.au/dataset/family-support-service-stocktake-department-of-communitieschild-safety-and-disability-services.
This site provides information about all family support services funded in Queensland by federal, state
and local governments. The information is broken down by region as well as providing state-wide and
summary reports

Queensland Government Govnet website listing of departments at
http://govnet.qld.gov.au/departments/departments.htm

Australian Government Community Services Directory accessible at
http://csd.csa.gov.au/Default.aspx.
This site includes contact information on local and national organisations providing services in relation
to:
52 |

Children and teenagers






Contact services
Counselling services including general counselling, psychology, one-on-one therapy, grief counselling,
anger counselling and similar support
Family Relationship Centres offering individual, group and joint sessions
Family support services
Financial services
Family violence Services





Housing services
Health services
Legal services
Indigenous support services
Mediation services







Information and referral services
Men's support groups
Multicultural support services
National/State help lines
Relationship and parenting
Translation
Welfare and emergency services

Women's support groups.

Raising Children Network website at http://raisingchildren.net.au/.
This website offers up-to-date, research-based material on more than 800 topics spanning child
development, behaviour, health, nutrition and fitness, play and learning, connecting and communicating,
school and education, entertainment and technology, sleep and safety. It covers pregnancy and birth,
newborns (0-3 months), babies (3-12 months), toddlers (1-3 years), preschoolers (3-5 years), schoolage children (5-9 years), pre-teens (9-11 years), teens (12-18 years), grown-ups, children with autism
and children with disability.

Queensland Government Stronger Families website at
https://www.communities.qld.gov.au/gateway/stronger-families

Queensland Government Talking Families website at
http://www.talkingfamilies.qld.gov.au/

Queensland Family and Child Commission website at http://www.qfcc.qld.gov.au/
| 53
8 Reporting forms and records
Student protection records
The notes, records and reports staff members make about student protection concerns are important documents
containing important information. Staff members could be interviewed as part of an investigation, or required to
attend court. They may need to refer to their notes at a later date. These notes could be subpoenaed and become
the subject of court proceedings. In making any record of concerns about any student protection issue staff
members are encouraged to keep in mind the following:
Do






be as objective as you can and record factual information as soon as possible
write down exactly what has been observed or heard, noting the date and time
record statements made by the student, parent or other notifier verbatim and in quotation (“ “) marks
always sign and date the record. It should be clear whether the record was made on the same day as the
incident, or after
add supplementary notes/records if there is insufficient space on the relevant Student Protection Reporting
Form
record any observations that have been noticed in student’s behaviour
Do not




express an opinion about what was observed or heard
record judgements
interpret what was observed or heard
use emotive terms
Storing student protection records
Schools are advised to keep student protection information in a secure, central confidential file apart from individual
student files to ensure accountability and to assist in the continuity of information from year to year. These records
may be the subject of a subpoena in court proceedings.
Use of reporting forms
All Student Protection Reporting forms as listed below are to be electronically completed with all available detail
provided to assist the relevant State authority for their assessment and investigation.
Under no circumstances are reporting forms to be hand written or faxed
54 |
Reporting forms
Student Protection reporting forms and a range of template documents have been developed by Child Safety or
the ASC to provide information to the relevant State authority or agency.
FORM 1: Suspected Sexual Abuse or Likely Sexual Abuse
This form is to be completed electronically by the staff member reporting the suspicion or concern. Assistance
can be provided by an SPO if required. Fields are to be completed with all available known information. It may
be the situation that not all fields will be completed due to information not being available. The completed report
is then provided to the Principal or the Director or delegate of the schools governing body (as required by
legislation) who in turn will provide (email) this written report to the police and Child Safety (if required).
Police (QPS CPIU)
and ONLY if a dual report is required, provide to:
Child Safety Services (there is no need in a dual reporting situation to use the on-line Child Safety
E-Report form + FORM 1)
Located: School intranet or from SPO or Principal
NB: This written report MUST IMMEDIATELY be completed and provided as per the provisions of ss. 366
(Sexual abuse) and 366A (Likely sexual abuse) of the EGPA. Refer to Flowchart 2 on page 42.
FORM 2: Notification of Reportable Suspicion of Sexual Abuse / Likely Sexual Abuse or Harm to a State
Authority
This form is to be completed electronically by the school / college Principal when a Student Protection report
(Form 1 or an E-Report) has been made to a State Authority. The completed form is to be e-mailed to the DPS
([email protected]).
FORM 3: Inappropriate Behaviour Report – reporting allegation or incident involving a staff member or
volunteer
This form is to be completed electronically by a staff member as outlined in policy and provided to the Principal
of the respective school / college. A copy is to be forwarded to the DPS by e-mail
([email protected]).
FORM 4: Harm Concern Advice (Internal school use ONLY)
This form is to be completed electronically by a staff member when a concern is held about harm or a risk of
harm to a student. The form is to be provided to a SPO. The SPO will complete the form as provided.
| 55
E-REPORT FORM (web-based Child Safety form)
Used to report all suspicions of significant harm or an unacceptable risk of significant harm (reporting threshold)
of a child to Child Safety Services. This form is to be completed by the mandated reporter (teacher / registered
nurse) reporting the suspicion. Assistance can be provided by an SPO if required.
An SPO (if not a mandated reporter i.e. teacher or registered nurse) is to also complete an E-Report form if they
have formed a reasonable suspicion of significant harm or an unacceptable risk of significant harm.
Consultation MUST OCCUR with the Principal prior to the form being completed and submitted to Child Safety.
An ID token will be provided (top corner of form). RECORD THIS NUMBER. The form can be saved and exited
prior to submission with the use of this token number. Once the form has been submitted, the form cannot be
accessed for modification.
All mandatory fields MUST BE COMPLETED. The form otherwise will not be submitted. A missing mandated
field is not highlighted but will need to be located and completed.
Located: Link available on school intranet or from Child Safety Services. Can also be accessed within
the Child Protection Guide.
http://www.communities.qld.gov.au/childsafety/protecting-children/reporting-child-abuse
E-REFERRAL FORM (web-based Child Safety form)
Used to refer a child and/or family to a community based support service i.e. Family and Child Connect (FaCC)
or Intensive Family Support (IFS).
NB: An SPO can refer a child and/or family with consent. The Principal as the ‘prescribed entity’ can refer
without consent.
Located: Link available on school intranet or from Child Safety Services. Can also be accessed within
the Child Protection Guide.
https://secure.communities.qld.gov.au/CBIR#
QCT: Notice under s. 76 (Investigation)
s.76 of the Education (Qld College of Teachers) Act 2005 requires schools as the employing authority to notify
QCT about particular investigations relating to allegations of harm caused, or likely to be caused, to a child
because of the conduct of a teacher at the school. This notification is to be provided in the s.76 template.
Located: School intranet or from ASC internet in the ‘HEADS’ Student Protection dropdown folder
QCT: Notice under s. 77 (Resignation)
QCT about the outcome of an investigation under s.76.
56 |
QCT: Notice under s. 78 (Dismissal)
QCT if a teacher has been dismissed in circumstances that question the teacher’s competency to be employed
as a teacher.
Request for Interview – s.17 CPA
This form is to be completed by the Principal who has received a s.17 CPA request from Child Safety or QPS
officers to interview a student at school without parental knowledge. For further information refer to Section 9 –
Child Safety Services and Police on page 58.
Request for Information – Student Protection – s.159M or s.159N CPA
If a prescribed entity or service provider as outlined in CPA requests relevant information, a Request for Information
form is to be completed.
| 57
9 Child Safety Services and Police
What happens when Child Safety are contacted?
When concerns are reported, Child Safety officers will determine how best to respond to the situation.
Decisions take into account the need to ensure the safety of the child, while respecting the diversity of family
values, lifestyles and culture.
A Child Concern Report is recorded when child protection concerns received by Child Safety do not reach the
threshold for a notification.
At this point the person who notified Child Safety (the 'notifier') may be provided with information, advice or a
referral to another agency to assist the child and family.
If any concerns that are reported to Child Safety suggest that a child has been harmed, or is at risk of harm and
does not have a parent able and willing to protection the child from harm, a child protection notification will be
recorded.

If a notification is recorded, child safety officers will assess the concerns by completing an
investigation and assessment.

This is done by interviewing the child, family and, if necessary, significant others such as the child's
school, doctor or relatives.

A police officer may be involved in the investigation, particularly if the concerns relate to physical
harm or sexual abuse.
A notification is also recorded on an unborn child when there is reasonable suspicion that the baby will be at risk
of harm after they are born.
A child safety officer or police officer can move a child to a safe place in the following circumstances:

the child is under 12 years of age

a parent or other member of the child's family is not present and cannot be located

it is not considered necessary to take the child into custody to ensure their protection (the
circumstances are not apparently due to neglect or abandonment).
The officer must move the child to a safe place, or make arrangements for another reliable person to move them
to a safe place where they can remain until they return to the care of the parents or a family member.
A safe place can be:

the home of a neighbour who knows the child and parents

the home of a relative or friend

the child's family day care provider

a hospital

an approved foster placement

a child safety service centre

a police station. 30
30
Department of communities, Child Safety and Disability Services:
https://www.communities.qld.gov.au/childsafety/protecting-children/reporting-child-abuse/what-happens-when-we-arecontacted
58 |
What happens when a report is made to Child Safety?
When suspected child abuse is reported to Child Safety or the QPS, the notifier’s details are kept confidential and
the notifier’s identity is strictly protected.
When contact is made, the attending officer will gather information, and decide how best to respond. The initial
information an officer will require is:

the name, age and address of the child or young person

the reasons for suspecting the child or young person may have experienced or is at risk of
experiencing harm

the immediate risk to the child or young person

contact details. The notifier may remain anonymous, however it is preferable to provide these details
so that the officer can call the notifier if further information is needed.
It is vital that the call is made, even if the notifier does not have all the details.
When a report is made, child safety officers will determine how best to respond to the situation. Appendix 4
provides an overview of this process.
If the information available suggests that a child is at risk of significant harm, officers will assess the concerns by
interviewing the child and family and, if necessary, make contact with significant others such as the child's school,
doctor or relatives.

A police officer may be involved in the investigation, particularly if the concerns relate to physical
harm or sexual abuse.

Following a full assessment, a decision will be made about whether it is possible to address the
child's protective needs by supporting and assisting the family.

In many cases, children are able to remain at home and be protected within their own family, with
Child Safety and other community agencies working with the child's family to ensure the child is safe
and their needs are being met.
If an investigation is not required, the child safety officer may provide advice on counselling services or other
important information.
When a child or young person needs to be removed from their family, Child Safety is committed to ensuring a
focus on the child or young person's best interest is maintained. Most importantly, the child has a right to be placed
in a caring environment that meets his or her needs.

A child might be placed away from home for a short time while further assessments are undertaken,
or for a long period if it is decided they cannot safely live with their family.

A child or young person who is living away from home is said to be 'in care'. Children and young
people in care are often placed with extended family or family friends, with other families (foster
carers), or in group homes supervised by paid workers.

If a child or young person is living away from their family, a child safety officer will organise a
placement meeting with the carer to provide important information about the child such as their
emotional and developmental needs, personal history and special requirements.
| 59
The child or young person (depending on their age) is also provided with details about his or her foster carers,
family and other relevant information.
Arrangements are also made for contact with the child's parents, siblings, relatives and friends, as well as advice
regarding accessing support and advocacy services. This process allows for the smoothest possible transition at
a difficult time. 31
Interviews conducted with students at school by the Queensland Police
Service and/or Child Safety Services
Queensland Police Service (QPS) and Department of Communities (Child Safety Services) officers may conduct
interviews with students at school premises for the purposes of obtaining a statement as part of an investigation
into allegations of significant harm, suspected significant harm or risk of significant harm to the student where the
alleged harm may have involved the commission of a criminal offence, to assess the child’s need of protection and
take any necessary actions to secure the safety of the child. This includes student interviews for allegations of
sexual abuse or likely sexual abuse.
The role of QPS and Child Safety
Child Safety is responsible for investigating and assessing alleged significant harm or risk of significant harm to a
child when there may not be a parent able and willing to protect the child from harm. Child Safety and the QPS
will undertake joint investigations in some circumstances.
The QPS will have primary responsibility for undertaking any criminal investigation in relation to suspected sexual
abuse or likely sexual abuse or a suspected unlawful sexual relationship.
Following an investigation of suspected sexual abuse, Child Safety and the QPS are able, under information
sharing provisions in the CPA, to communicate the outcome of the investigation to the Principal to facilitate
provision of appropriate protective measures within the school environment.
Legislative Framework
Evidence Act 1977
The Evidence Act 1977, section 93A, provides the legislative authority for QPS and Child Safety Services officers
to conduct an interview and obtain a recorded statement from a child under 16 years, or a person who was 16 or
17 years when the statement was made and who, at the time of the proceeding, is a special witness, or an
intellectually impaired person who has personal knowledge of the matters dealt with by the statement.
Interviews conducted in accordance with the Evidence Act 1977, section 93A, may also be referred to as “ICARE
interviews”. ICARE (Interviewing Children and Recording Evidence) is an interview technique designed to minimise
further trauma to the child, collect admissible evidence which meets legislative and procedural requirements of the
QPS and Child Safety Services, and reduce the likelihood of the need for the child to attend court and give
evidence.
31
Department of communities, Child Safety and Disability Services:
https://www.communities.qld.gov.au/childsafety/protecting-children/reporting-child-abuse/what-happens-when-a-report-is-made
60 |
There may be times when it is necessary to interview a child without the parents’ consent or prior knowledge of
the investigation and contact with the child. The CPA, s.17, provides Child Safety Services and QPS officers with
the legislative authority to have contact with a child at a school prior to the parents being told of the contact with
the child and the reasons for the contact, as part of an investigation and assessment.
In accordance with the CPA, s.17(5), if the officer reasonably believes informing the child’s parents about the
contact with the child at school may jeopardise the investigation or expose the child to harm, the officer may
withhold contacting the child’s parents until it is practicable to do so.
Interviews are ONLY conducted at school as a last resort.
How is an interview with a child at school initiated?
The QPS and Child Safety Services recognise the Principal or delegate is in charge of a school and its students
while the students are at school. Prior to interviewing a child at school premises, either a QPS or Child Safety
Services officer will notify the Principal or delegate of the intention to exercise the power under the provisions of
s.17 of the CPA and make a request of the Principal or delegate for permission to conduct an interview at the
school.
Sufficient information will be provided to the Principal or delegate to allow an informed decision to be made. Explicit
details of the investigation will not be provided. The amount of information provided will be contingent upon the
case. The Principal or delegate will be asked to maintain confidentiality and provide a neutral setting for the
interview. It is important for the Principal or delegate to ensure they receive contact details for the QPS and Child
Safety Services officers involved in conducting the interview.
A Request for Interview Form must be completed – refer to forms on page 57.
It is generally useful for staff members to be aware of contact details for the Child Safety Service Centre and CPIU
in their local area in the event that officers are required to attend school premises in response to child protection
concerns identified for a child.
Remember to complete a ‘REQUEST FOR INTERVIEW’ form.
Who conducts the interviews?
Whenever possible, interviews will be conducted jointly by the QPS and Child Safety Services, however interviews
can be conducted by an officer from either agency when a joint interview is not possible. Where an interview is
conducted with a child in accordance with the Evidence Act 1977, section 93A, the interview will, where practicable,
be undertaken by an officer who is accredited in ICARE.
In accordance with the Evidence Act 1977, when QPS and Child Safety Services officers conduct section 93A
interviews, the evidence is recorded using portable DVD/CD recording equipment. Under the Evidence Act 1977,
the recording of the child’s evidence is a document that is presented to court.
Who can be a support person for the child?
QPS and Child Safety Services are responsible for ensuring the child feels safe and supported during the interview
process and will exercise discretion when considering whether to allow an independent support person to be
present during an interview with a child.
| 61
Anglican school employing authorities also have a responsibility to exercise duty of care and regard it as desirable
that a support person be present for interviews conducted with children at school premises by the QPS and Child
Safety Services. The presence of someone else to support the rights of the child should normally be required.
In assessing the needs of the child, QPS and Child Safety Services officers will consider the child’s age, maturity
and any other relevant factors. If in consultation with the Principal or delegate, it is identified that an independent
support person is required, the Principal or delegate will select an SPO or staff member with whom the child feels
comfortable.
It is important to minimise the number of persons present in the interview. It is not a requirement for the Principal
to be present unless fulfilling the role of support person. In all interviews of this nature, the child should be
comfortable with the selection of support person.
What is the role of the support person?
The role of the support person is to support the child and be present during the interview. The roles and
responsibilities of all persons involved, including the support person, will be clarified by the interviewing officers
prior to and during the interview.
During an interview with a child, the presence of other people, especially if they hold a position of authority in
relation to the child, may reduce the likelihood of a child disclosing harm or risk of harm. In order to address this
issue and to assist in making the child feel safe and supported throughout the interview, the interviewing officer
will:
 ask the child whether they are comfortable with the support person present
 advise the child and support person where the support person will sit (behind the child, out of the child’s line
of sight and out of reach of the child)
 advise the support person not to talk or make any actions that may disturb or influence the child, and
 advise the child they should not consult the support person during the interview.
Where should the interview take place?
All efforts should be made to use a room for the interview that the child will feel comfortable in, e.g. the Principal’s
office may not be a suitable location.
Investigating officers should be consulted in identifying a suitable location for the interview.
What are the legal implications of the support person role?
In accordance with the Evidence Act 1977, s.93A, any person present when the child provides their statement may
be called as a witness to a court proceeding. Therefore, any staff member present as a support person during the
interview may be required to provide a written and signed statement, attend court and give evidence as a result of
their attendance at the interview.
What happens after the interview?
As soon as reasonably practical after the interview, QPS and Child Safety Services officers will be responsible for
advising the Principal or delegate of future actions to be taken and any immediate support needs for the child.
Advising the parents of the contact with the child is the responsibility of interviewing officers and will be undertaken
as soon as practicable after the interview, unless the officers reasonably believe someone may be charged with a
criminal offence for harm to the child and advising the parents may jeopardise an investigation into the offence or
may expose the child to harm.
It is NOT the responsibility of the school to advise the parent/carer a section 93A interview has been
conducted.
62 |
10 Inappropriate behaviour of staff or volunteers
Behavioural obligations
Behaviour of a sexual, physical or psychological nature which exploits the special position of trust and authority
between an employee or volunteer and a student, regardless of age, is a breach of obligations and of this policy.
Such behaviours may include:
 transporting a student, regardless of age, without seeking the consent of a parent or caregiver or without
informing the Principal;
 seeking to visit a student, regardless of age, at his/her home without the consent or knowledge of the
parent or caregiver and/or Principal;
 inviting a student, regardless of age, to the employee’s home unaccompanied without the consent of a
parent or caregiver or without informing the Principal;
 sending or receiving correspondence of an inappropriate nature;
 inappropriate giving of gifts;
 physical or emotional aggression, violence or bullying;
 sexual exhibitionism;
 development of an intimate relationship incompatible with the professional relationship, initiated by either
party;
 exposing to a student, regardless of age, pornographic material in any medium;
 inappropriate discussion of matters of sexual behaviour;
 obscene language, especially of a sexual nature;
 gestures or actions of a suggestive or obscene nature;
 jokes of a sexual nature told in the presence of student/s;
 voyeurism (gaining pleasure from secret watching of another);
 repeatedly seeking to be alone with a student; or
 detaining a student in locked facilities or facilities that do not have immediate access to relevant staff
members.
This is not an exhaustive list, any behaviour which exploits a student is unacceptable. 32
Principals and members of governing bodies of schools are required to adhere to the personal behaviours
guidelines in the following documents which are available on the ASC website:
 ACSQ - Faithfulness in Service in Schools: A Code of Conduct Developed for School Principals
 ACSQ - Faithfulness in Service in Schools: A Code of conduct Developed for Members of Governing
Bodies of Schools
All school employees are required to adhere to their relevant Code of Conduct. In addition, teachers are bound
by the following standards which are available on the QCT website:
 Australian Professional Standards for Teachers
 Code of Ethics for Teachers in Queensland
32
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Interactions with students
All students have a fundamental right to a safe and trusted physical and emotional environment that is free from
harm. Anglican schools employees hold a special position of trust arising from the nature of the work. Anglican
schools employees also hold positions of authority that have a significant impact on the lives of students and
consequently there is a community expectation that this authority will be properly and prudently used. Therefore,
employees should strive to establish, build and maintain positive relationships with students so that the self-esteem
and social development of students are enhance.
Employees must actively seek to prevent harm to students and support those students who have been harmed.
Employees must read, understand, and comply with the Student Protection in Anglican Schools Policy and
Procedures. Employees must be aware of their responsibilities in preventing and responding to harm or risk of
harm to all students.
Inappropriate student interactions
Examples of inappropriate interactions (behaviours that raise a reasonable suspicion that the standards applying
to the professional employee-student relationship have or may be breached) include:
 flirtatious behaviour directed towards a student
 dating a student
 spending significant time alone with a student other than to perform one’s professional duties or without
reasonable explanation
 expressing romantic feelings towards a student in written or other form
 private live chat conversations on the Internet with students e.g. Facebook, SMS
 providing a personal mobile or home telephone number to students; other than for justifiable educational
or safety purposes
 taking students for coffee, the movies or other social events alone
 disregarding appropriate physical distances from students; other than for justifiable educational or safety
purposes
 using disrespectful language, including swearing, either directed at, or in the presence of students
 privately giving a student money or a gift
Electronic communication/social networking
All telephone, email, SMS and other social networking contact by employees with students should only occur in
accordance with relevant school/college policies and procedures.
The following standards relate to all employees who have any form of contact with students:




After hours contact with a student should be limited to school related matters.
Unless in exceptional circumstances, electronic communication with students, particularly those under 18
years of age, is unacceptable unless:
 for justifiable appropriate educational reasons; or
 approval is gained from the employee’s Principal or their delegate as per the school policy.
Communication must not occur with students using a personal or school mobile phone, either verbally or
by text message unless:
 for justifiable appropriate educational reasons; or
 prior approval has been given by the employee’s Principal or delegate.
A record of the approval is to be kept by the employee and the employee’s Principal or delegate.
Communication must not occur with students from a private or personal email address.
Communication with students via school email must be for official purposes only.
64 |
Reporting inappropriate behaviour of staff or a volunteer towards a
student
All employees and volunteers of an Anglican school will as soon as practicable report all allegations of
inappropriate behaviour of an employee or volunteer towards a student to an SPO, the Principal or if warranted,
to the chair or the nominated delegate of the relevant school/college council. 33
The report is to be made on a Form 3: Inappropriate Behaviour Report – reporting allegation or incident involving
a staff member or volunteer. Refer to page 55.
33
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REFLECT - A guide for ethical decision-making
The Australian Public Service Commission has developed an ethical decision making guide as outlined below. It
is in the form of a series of questions, which employees may consider when making decisions in a professional
and ethical manner. It will not make the decision for employees, but it will help them to analyse all the relevant
facts and circumstances surrounding a situation where they need to reach a decision.
R
E
REcognise a potential issue or problem
Recognise a potential issue.
What is the issue or problem with this behaviour?
Examine the situation.
Is there more than one obvious problem with this behaviour, or is
there more I need to consider?
What is the context of the situation?
F
Find relevant information
L
Liaise and consult
E
Evaluate the options
C
Come to a decision
T
Take time to reflect
Find facts and gather evidence.
What does the Code of Conduct say? Do I need to find out more
information?
Liaise and consult with peers and supervisors.
Should I talk to someone about this?
What behaviour is expected of me? Has this been done before?
Evaluate the options.
What is the best thing to do based on the information I’ve found?
What are the risks? If someone finds out about my decision what
will they think?
Come to a decision.
Do I need to get permission to do what I want to do?
Have I recorded my actions?
Take time to reflect.
Am I happy with my decision?
Would I do the same thing next time?
34
34
Reproduced from Approved REFLECT Model – Australian Public Service Commission; and Reflect – A guide for ethical
decision-making – Standard of Practice, Department of Education, Training and Employment, April 2013.
66 |
11 Child and Youth Risk Management Strategy
The Working with Children (Risk Management and Screening) Act 2000 and the Working with Children (Risk
Management and Screening) Regulation 2011 require regulated organisations to develop and implement a Child
and Youth Risk Management strategy (CYRMS) which aims to keep children and young people safe. Anglican
schools as ‘regulated employment’ under the legislation are considered to be a regulated organisation.
It is a legislative requirement that a regulated organisation develop an annual CYRMS and review the strategy
each calendar year. This strategy forms part of a school’s Blue Card System Management policy which addresses
the three key components of the system:



Risk management strategies;
Blue Card screening; and
Compliance and ongoing monitoring.
The strategy identifies the policies and procedures in place which, together, aim to protect students and keep them
safe from harm. It also identifies strategies for communication and support about matters relating to student
protection and processes for managing breaches.
In order to comply with the legislative framework, a Child and Youth Risk Management strategy must address
eight (8) minimum requirements. These requirements:




address an organisation’s commitment to creating a safe and supportive service environment
strengthen an organisation’s capability to provide such an environment
assist an organisation to manage any particular concerns with respect to the safety and wellbeing of
children and young people who are involved with the organisation, and
promote the consistency of an organisation’s approach to risk management, both within the organisation
and with respect to compliance with the requirements under the Act.
The eight requirements are:
COMMITMENT
1. A statement of commitment to the safety and wellbeing of children and the protection of children from
harm.
2. A code of conduct for interacting with children.
CAPABILITY
3. Written procedures for recruiting, selecting, training and managing staff and volunteers.
CONCERNS
4. Policies and procedures for handling disclosures or suspicions of harm, including reporting guidelines.
5. A plan for managing breaches of your risk management strategy.
6. Risk management plans for high risk activities and special events.
CONSISTENCY
7. Policies and procedures for managing compliance with the blue card system.
8. Strategies for communication and support.
| 67
Safe service environments don’t just happen: they require ongoing planning, commitment and maintenance. Blue
Card Services has developed a toolkit and a learning portal to provide information and guidance to assist in the
development and implementation of a Child and Youth Risk Management strategy:

Child and Youth Risk Management Strategy Toolkit:
https://www.bluecard.qld.gov.au/pdf/rmst/201506-Child-and-youth-risk-management-strategy-toolkit.pdf

Blue Card Services – Learning Portal | Risk Management:
https://www.youtube.com/channel/UCA17_Lg97xwGry9JFxlccvw
The ASC has developed a Child and Youth Risk Management strategy template for use by schools in the
development of their strategy. This template is available on the ASC website, under the CYRMS log in, accessible
by SPO’s or by contacting the ASC. It is not mandatory to use this template.
The strategy is to be reviewed at the completion of each school year with the results to inform the development of
the new strategy document. The new strategy is to be approved in accordance with the school/college governance
requirements for implementation at the beginning of the subsequent school year. The review process should be
documented, which together with the strategy document, should be archived for future reference.
Diagram 1: Lifecycle of a CYRMS in an Anglican School
It is a legislative requirement to have a C&YRM strategy and to review this strategy each year.
Penalty: 20 penalty units ($2,356 as at October 2015)
68 |
12 Suspected Child Abuse and Neglect (SCAN)
team system
The purpose of the SCAN team system is to enable a co-ordinated, multi-agency response to children where
statutory intervention is required to assess and meet their protection needs. This is achieved by:

timely information sharing between SCAN team core members

planning and co-ordination of actions to assess and respond to the protection needs of children who have
experienced harm or risk of harm

holistic and culturally responsive assessment of children's protective needs.
Child Safety is recognised within legislation as the lead agency for the SCAN team system. The core member
agencies are:

Child Safety


Queensland Health

Department of Education, Training and Employment

the Recognised Entity (for matters relating to Aboriginal and Torres Strait Islander children).
Currently there are 21 SCAN team co-ordination points across the State, which are aligned with the designated
SCAN team co-ordinators. There are 30 operational SCAN teams across the State.
Suspected Child Abuse and Neglect teams (SCAN)
Browns Plains
Bundaberg
Cairns
Cape Torres
Chermside
Fortitude Valley
Gold Coast Northern
Gold Coast Southern
Gympie
Inala
Ipswich
Logan
Mackay
Mt Isa
Redcliffe
Rockhampton
Stones Corner / Brisbane City
Stones Corner / Bayside
Sunshine Coast
Toowoomba
Townsville
The DETE have appointed Senior Guidance Officers as core SCAN team system representatives authorised to
represent the Department. Their role is to assist state school principals with the referral of cases to SCAN team
meetings and to provide information to non-state school Principals, if requested. The request for information needs
to be made on the E-Report Form when submitted. Senior Guidance Officers attend SCAN meetings and provide
information collected from school personnel for case reviews. In addition, they will ensure that relevant information
is provided to Principals and Guidance Officers in a timely way and in accordance with confidentiality and privacy
requirements.
Principals of non-state schools may from time to time be requested to provide information by the DETE core SCAN
representatives.
The SCAN team system includes provision for Information Coordination Meetings (ICM). These provide a forum
for discussion of matters where a SCAN team core member representative seeks further information regarding the
rationale for a Child Safety intake decision and requires the opportunity for multi-agency discussion.
An ICM referral must meet all the following criteria:

The matter has been assessed by Child Safety as a Child Concern Report (CCR)

The SCAN team core member representative has contacted the Child Safety Regional Intake Service
(RIS) team leader for further discussion regarding the decision and rationale
| 69

The matter remains a CCR and the SCAN team core member representative requires the opportunity for
multi-agency discussion.
The role and responsibilities for SCAN team system members and the relevant information sharing protocols are
outlined in sections 159I - 159L of the CPA. Personal information collected by DETE for provision to SCAN team
meetings is managed in accordance with the CPA and, where relevant, the EGPA and the Information Privacy Act.
If any concerns are held in relation to requests for information or the SCAN team system, please direct enquiries
to the CPSO, ASC – phone 07 3835 2294.
70 |
13 Sexualised behaviours and sexual
relationships
Age appropriate sexualised behaviours
Traffic Lights® framework
Knowing how to identify and respond to sexual behaviours in children and young people helps adults to support
the development of healthy sexuality and protect young people from harm or abuse.
Family Planning Queensland’s (FPQ) Traffic Lights® framework provides guidance on sexual behaviours and can
help you to decide the appropriate response to a student’s sexual behaviour.
1. Identify
What is the behaviour? Green, orange or red?
Sexual development is influenced by many factors. The environment in which children grow, develop and interact
has significant influence on their knowledge, attitudes and behaviours. When using the traffic lights framework to
establish whether the sexual behaviour of children or young people is normal, concerning or harmful, it is
necessary to consider the current social, cultural and familial context.
Red
Orange
Green
sexual behaviours that are problematic or harmful, forceful, secretive, compulsive,
coercive or degrading signal that need to provide immediate protection and follow
up support
sexual behaviours that are outside normal behaviour in terms of persistence,
frequency or inequality in age, power or ability signal the need to monitor and
provide extra support
sexual behaviours that are normal, age appropriate, spontaneous, curious, mutual,
light hearted and easily diverted experimentation provide opportunities to talk,
explain and support
2. Understand
What the behaviour is telling you
Children show their needs and wants through their behaviours. Understanding the reason behind a child’s sexual
behaviour is important. When children or young people do not have the language, experience or ability to seek
help, adults must look carefully at the behaviour.
When sexual behaviours are identified as concerning or harmful, it is essential to think about why the child or
young person is exhibiting the behaviour. Reviewing the behaviour and the way it happens will help you
understand what is going on for the child and indicate what is needed.
3. Respond
What you can do to address the child’s needs
| 71
All behaviour has a function. When adults understand why the behaviour may be occurring, they can respond by
helping to meet the needs of the child or young person in effective ways.
Behaviour usually reflects a range of needs. Many strategies may be required to respond to children with
concerning or harmful behaviours. It is also important to address the needs of the people who have an impact on
the lives of children or young people e.g. family, carers, teachers and support workers.
The Traffic Lights® framework can be downloaded from the FPQ website at:
http://www.fpqteachers.com.au/professional-development/traffic-lights-guide/.
An App has also been released, based on the Traffic Lights® framework. Cost is $2.49 and is available in iPad
and Android tablet formats from: https://itunes.apple.com/au/app/traffic-lights-sexualbehaviours/id999193423?mt=8&ign-mpt=uo%3D8.
The following information has been drawn from the ‘Student Protection Guidelines’, produced by the Department
of Education, Training and Employment (January 2015), and is to be used as a guide.
The display of sexual behaviour by children is usually a natural and healthy part of growing up and a way in which
children learn about their bodies and express their sexuality. It is acknowledged that there are a number of
influences on children’s sexual development and behaviour including:

relationships with parents, family members and peers

exposure to media such as television, internet and magazines.
Sexual behaviours vary along a continuum of increasing complexity ranging from normal and developmentally
appropriate through to developmentally inappropriate or problematic when compared with same aged peers.
Normal sexual behaviours
Sexual behaviours within the normal and developmentally appropriate range of sexual development tend to:

be spontaneous, curious, light-hearted

involve two or more children who are roughly the same age, size or developmental ability voluntarily
engaging in the behaviours.
Problem sexual behaviours
Problem sexual behaviours tend to:

be excessive, secretive, compulsive, coercive, degrading or threatening

involve significant age, developmental, and/or power difference between the students involved

be persistent – do not decrease after the student is told to stop

lead to a reasonable suspicion that a student has been harmed or is at risk of harm.
Unlawful sexual relationships
In Queensland, engaging in carnal knowledge and sexual conduct with a young person under the age of 16 years,
or under the age of 18 years if the conduct involved is sodomy, is a criminal offence irrespective of whether this
contact is consensual or the persons involved are both under the age of 16. [CC 1899 ss. 208(1) and 215(1)].
However, not all unlawful sexual relationships need to be reported to QPS by school staff. For example,
consensual sexual relationships between children under 16 which are considered developmentally appropriate,
while unlawful, can be appropriately considered by the students’ parents and a report made by them to the QPS,
if necessary. It is important to note that both parties if consenting to unlawful sexual behaviour are alleged to be
committing an offence.
72 |
If the school is approached by QPS officers as a consequence of a report made by a parent/s, the school will assist
QPS officers where permitted or required by law to do so.
For the purposes of this Guideline, and obligations to report to QPS, a relevant unlawful sexual relationship
involves sexual activity that:

is apparently non-consensual and involves two young people under the age of 16 (or 18 years, in the case
of sodomy) or

involves a person under the age of 16 (or 18 years for sodomy) and the other person involved is above
the age of 16 years (or 18 years for sodomy).
How to respond
A school’s response to student sexual behaviours or sexual relationships is critical and will influence how
comfortable students will be in discussing their sexual behaviour or relationship and the feelings they will associate
with them.
It is important that employees:

remain calm and not overreact

communicate in a way that is appropriate to the student’s age and understanding

respond in a caring and sensitive manner

provide support without being judgemental or punitive

listen to what the student wants to tell you

use open ended questions only

do not conduct formal interviews with students, but make enquiries to clarify sexual relationships or
incidents of sexual behaviour that have occurred for the purposes of determining an appropriate course of
action

be aware that students may downplay or deny the nature of a relationship or the extent of an incident

remain alert to changes of mood, behaviour or functioning in students

document relevant conversations and circumstances, including dates/times.
Employees who become aware of sexual behaviours or reasonably suspect there has been sexual conduct
involving a young person under the age of 16 years (or 18 years for sodomy), are required to discuss this with the
Principal.
The Principal’s role
All action taken by the Principal is to be undertaken with the starting premise that the safety and protection of all
students is the foremost consideration.
When responding to concerns by a staff member about student sexual behaviours or sexual conduct, (including
sexual relationships not falling within the definition of relevant unlawful sexual relationships above) the Principal:

may delegate to an appropriate Student Protection Officer the role of interviewing the student. Where
possible this interview should be conducted by a Student Protection Officer of the same gender as the
student;

where required, ensure that preventative strategies are implemented;

may make contact with parents/carers of each student involved as soon as practicable, unless there are
reasonable grounds for believing that this will not be in the best interests of the student/s (see Speaking
with Parents on page 74)

may, with other school staff, as required:

check the adequacy of student supervision
| 73

provide student support services

ensure employees understand processes for responding to student sexual behaviours or
student sexual relationships

review the provision of abuse prevention education in the school.
Speaking with parents
Prior to contacting parents
Where the students involved are sufficiently mature to give consent, the delegated Student Protection Officer or
the Principal should consider seeking the consent of the student/s before discussing the matter with their parents.
Seeking consent will not be necessary in respect of students who:

are unable to give consent due to lack of maturity, disability or other circumstances

face disciplinary action as a result of the sexual behaviour as the parents are required to be informed
about the nature of the sexual behaviour to ensure compliance with disciplinary procedures and natural
justice processes.
If consent is not provided, the Principal should consider whether contact with parents is appropriate and in the
student’s best interests. For example, is the student:

an independent student, or

at risk of harm as a result of the provision of advice to parents (for example, is there a reasonable chance
the student may be physically abused as a consequence of such a disclosure to a parent).
Remember that the safety and protection of all students is the foremost consideration.
When speaking with parents
When speaking with parents, the Principal or their delegate should:

discuss the sexual behaviour or sexual relationship with each student’s parents

only provide information to a parent about their child. Do not provide any information about the identity of
any other student involved

explain how the school will manage and support the student/s involved

clearly articulate any concerns held in relation to the student’s sexual behaviour or the sexual relationship

refer parents to useful information or resources e.g. True Relationships & Reproductive Health (formerly
Family Planning Queensland)

ensure developmentally inappropriate or problem sexual behaviour is not trivialised as harmless
experimentation or play

avoid over-reacting to age appropriate sexual behaviour

as appropriate, provide access to support, such as a school counsellor for parents and students

advise the parents of their right to report any concerns directly to the QPS in instances where a student’s
conduct constitutes a criminal offence. Remember: if consenting parties, both students if under 16 years
could be alleged to have committed a criminal offence.
The Principal must only provide information to a parent about their own child.
They must not provide any information about the identity of any other student involved.
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14 Breaches and complaints
In the event that a person, for example a parent, has a concern that the processes within the Student Protection
in Anglican Schools Policy and Procedures have not been complied with, then the person is able to make a
complaint pursuant to paragraph 3 of the Complaints Management in Anglican Schools Policy and Procedure.
Complaints must be made to the Director of Professional Standards, Anglican Church Southern Queensland
[email protected] or telephone 07 3835 2266.
The Complaints Management in Anglican Schools Policy and Procedure has been made available to each
Anglican school and can be located on the school/college intra and internet sites. The policy can also be located
on the Anglican Schools Commission internet page: http://ascqld.org.au/
| 75
15 Building knowledge and understanding
Student protection training
Employees, volunteers and visitors
All employees, volunteers and visitors are required to embrace and attend student protection training or information
sessions as specified below:

All employees, volunteers and visitors are to be provided with a copy or access to a copy of the Student
Protection in Anglican Schools Policy and Procedures.

All new employees are to be provided with access to and an explanation of all relevant Student Protection
policies, procedures, resources, newsletters and training upon their commencement of their position.

Designated Student Protection Officers are to attend annual training.

Newly appointed SPO to complete the CPG online training module.

All employees, including pre-service teachers and supply and relief staff, are to complete the Safeguarding
our Students online Student Protection Training product as provided by the ASC.

All employees will attend relevant information sessions as developed by the ASC on scheduled school
Professional Development (PD) days. Schools are to manage a ‘back-capture’ strategy for employees
who were not in a position to attend the scheduled PD session.

Schools are to maintain ‘signed’ attendance sheets and an annual register of attendance at Student
Protection training regardless of who has offered the training. Information sessions are to be delivered by
a trained Student Protection Officer.

Employees are to attend training workshops as required by the Principal.

All employees are to be made aware of, and have access to, all of the resources developed and provided
by ASC e.g. Resource Sheets, Newsletters and forms.

Volunteers and visitors, including coaches and tutors, are to complete the Student Protection policy and
procedures guide. This guide has been provided to all Anglican schools and is available from the ASC.
This is to be done on an annual basis and will form part of their induction and relevant policies and
handbooks. This guide is available on the ASC web page.

Employees can access the online Cyber-Safety courses developed by INESS (see below for more
information). Login is with the respective school login password.

non-school employees (including short-term contractors working on the school site) who have regular
contact with students, receive student protection information as determined by the Principal. This maybe
in the form of the Student Protection Information Sheet. This information sheet has been made available
to all schools and is available from the ASC web page.
Online Cyber-Safety Course developed in partnership with INESS (Internet Education and Safety Services)
and the Anglican Schools Commission.
This training has been designed specifically for parents, however school staff will also benefit from doing the
training. The training will help parents and careers to feel confident parenting in the digital age. The courses will
give them tools to help create a safe and balanced online experience for their family. Four (4) courses have
been developed aimed at parents and carers of:


76 |
Lower Primary (ages 4 – 8)
Upper Primary (ages 9 – 11)


Lower Secondary (ages 12 – 14)
Upper Secondary (ages 15 – 18)
The course content includes topics such as:






Introduction
Communication
Rules and Boundaries
Stay Current
Parental Controls
Empowered Choice and Action
Terms and Conditions
The training course is provided with a specific school login password is ONLY to be utilised by staff,
parents or carers of that particular school.
Record of student protection training
All employees are required to keep a record of their completion of student protection training and subsequent
training updates.
Students
Schools are to ensure that students are made aware that the school has a process for responding and reporting
to all child protection concerns or inappropriate behaviour of a staff member towards a student.
Schools must have in place published and readily accessible procedures by which the names of Student Protection
Officers are advertised to students including:

Posters

Inserts into school diaries
Parents
Schools must have in place published and readily accessible procedures outlining the school’s response and
reporting of harm and inappropriate behaviour of a staff member towards a student.
Parents and carers can access the online Cyber-Safety courses developed by INESS. Login is with the respective
school login password. There is no restriction on how many times or which courses a school parent or carer con
undertake and/or complete.
The Student Protection in Anglican Schools Policy and Procedures provides some guidance on a range of
activities to build knowledge and understanding, see below:
| 77
Knowledge Building Activities
STUDENTS







Information about reporting and SPO’s in student diaries
Regular reference made at school assemblies
Presentations during class
Posters displayed on school grounds identifying SPO’s
Planned activities for Child Protection Week (September each year)
Access to relevant reference material in library
Inclusion of child safety curriculum
PARENTS







Regular references made in school newsletters
Student Protection Information Handbook for Parents made available electronically
Student Protection Information Handbook for Parents: Hardcopies in reception areas
Presentation at parent information evenings
Information flyer in enrolment pack
Policy and procedures available on school website (intranet and internet)
EMPLOYEES











Annual student protection in-service training for employees (policy and procedures)
Teachers, counsellors and nurses: Safeguarding our Students on-line training
Relief teachers and work placement students: Safeguarding our Students on-line training
Induction programs for newly appointed staff members – Student Protection in Anglican
Schools Policy and Procedures and Code of Conduct (Staff)
Information package and session for part-time staff / volunteers e.g. sporting coaches and
music tutors
Policy and procedures placed on school website and intranet
Specialised training for school based Student Protection Officers – offered annually
Boarding school staff – Duty of Care training modules– ABSA (at direction of Principal)
Regular staff meetings
Other relevant training as determined by the Principal
VOLUNTEERS AND VISITORS
 Induction programs for newly appointed volunteers – Student Protection in Anglican Schools
Policy and Procedures and Code of Conduct (Volunteer)
 Volunteer Handbook to include relevant information relating to this policy and procedures
 Policy and procedures placed on school website and intranet
 Information flyer to be provided to all visitors (including contractors) prior to commencement
of role
 Instruction provided by supervising / responsible staff member
78 |
Supporting resources
ASC Resources

Information session: PowerPoint presentation for all school staff (2015)

Child Protection reference list: has been provided to all schools. Is available from ASC.

ASC Resource sheets:
1.
Legislative changes (CPA 1999) 2015
2.
Legislative changes (Ed (Acc Non-State Schools) Reg 2001)
3.
Relevant definitions and terms
4.
Reporting ‘harm’ of a child
4A.
Flowchart: reporting ‘harm’
4B.
Flowchart: reporting sexual abuse / likely sexual abuse
5.
Referral to support services
6.
Child Protection Guide
7.
Guide for reporting or referring ‘harm’ to a child
8.
Principal’s reporting process
9.
Child abuse
10.
Child sexual abuse
11.
Grooming
11A. On-line grooming


12.
Physical abuse and Neglect
13.
Emotional / psychological abuse (incl. exposure to Domestic and Family violence)
Posters
1.
Staff Responsibilities
2.
'Who can I talk to' - Pre-pre to Y3
3.
'Hiding behind a smile' - Y3-Y6
4.
'Your safety is more than words' - Y4-Y12
5.
'Talking will help' (Female Student) - Senior School
6.
'Talking will help' (Male Student) - Senior School
7.
Friends look out for each other
Information sheets

Child Protection – Information for parents (2015)

Student Protection Information (for contractors and visitors)

Student Protection – Information for School/College Council Members
| 79
External resources and training
Child Safety
Child Safety provides a range of resources and training packages for other government and non-government
agencies which can be accessed from their website.
Topic
Type of resource
Web address
Child abuse – What you need to
know
Booklet and brochure
http://www.communities.qld.gov.au/childsafety/prot
ecting-children/what-is-child-abuse
Child sexual abuse – What you
need to know
Booklet
ecting-children/what-is-child-abuse/signs-of-childabuse-and-neglect
Queensland Child Protection
Guide
Online Child Protection
Guide
Procedures Manual
Training module
Fact sheets
http://www.communities.qld.gov.au/childsafety/part
ners/our-government-partners/queensland-childprotection-guide
Child Safety Stronger Families
website
Information and
resources
http://www.communities.qld.gov.au/gateway/strong
er-families
Family and Child Connect
Information and links
ecting-children/how-to-prevent-abuse/family-andchild-connect
Intensive family support services
including Referral for Active
Intervention (RAI) services
Information about
different IFS services
and RAI services
http://www.communities.qld.gov.au/childsafety/part
ners/our-community-partners/family-support
ecting-children/how-to-prevent-abuse/referral-foractive-intervention
Domestic and family violence
including:
•
definitions
•
legislation
•
support and counselling
services
•
reporting abuse
Web based content
http://www.qld.gov.au/community/getting-supporthealth-social-issue/domestic-family-violence
Other resources
Topic/Organisation
Type of resource
Web address
‘Who’s Chatting to your kids’:
Web content and publications
https://www.police.qld.gov.au/
programs/cscp/personalSafety
/children/childProtection/
Queensland Child and Family
Commission
Web content
publications
http://www.qfcc.qld.gov.au/
Child Family Community
Australia
(provided by the Australian
Institute of Family Studies)
An information exchange containing multiple
publications for practitioners, policy makers,
service providers and researchers working
with children, families and communities.
https://www3.aifs.gov.au/cfca/
Children in Out-of-Home
Care: Department of
Education and Training,
Queensland Government.
Research publication – see Appendix 7.
80 |
16 Appendices
Appendix 1
Definitions
allegation: means information or an assertion which is still to be proved.
assault is defined in s.245 of the Criminal Code Act 1899 as:
‘Any person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either
directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is
obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person
of another without the other person’s consent, under such circumstances that the person making the attempt or
threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person,
and the act is called an assault.’
child: means an individual under eighteen years of age (CPA, s.8).
child in need of protection: as defined in s.10 of the CPA is a child who:
(a) has suffered significant harm, is suffering significant harm, or is at unacceptable risk of suffering
significant harm; and
(b) does not have a parent able and willing to protect the child from the harm.
Child Protection Support Officer: means a person appointed by the ASC, ACSQ to assist staff members in the
assessing of harm, suspected harm and/or risk of harm to students, offering support and guidance to schools
during and after intervention, and assisting schools with compliance with student protection policies and processes.
Church Body: has the meaning in the Diocesan Governance Canon [as at the effective date]: the Diocesan
Council, each Commission and any committee, council, board or other body however described, established:
(a) under, or under an authority contained in, a Canon, including a regulation made under a Canon; or
(b) by resolution of Synod; or
(c) by the Diocesan Council; or
(d) by any Commission, Agency or parish; or
(e) pursuant to a constitution or other governing document of an Agency or of a School of the type described
in paragraphs (a) – (d) of the definition of ‘School’.
Church worker: has the meaning in the Diocesan Governance Canon [as at the effective date]: a person who
is a member of a Church Body and who:
(a) is not a member in their capacity as an employee of the Corporation or any controlled entity of the
Corporation, including any Commission, Agency, School or parish; and
(b) either:
i.
does not receive any emolument in relation to their membership, other than reimbursement for
expenses or payment for a service provided other than in their capacity as a member, such as
consulting or professional fees; or
ii.
is a licensed clergyperson.
colleague: [s.13H(2) CPA], means a person working in or for the same entity as the ‘relevant person’ (as defined
in the CPA).
employees: means office holders and staff members who work in a paid (full time / part time / casual) or voluntary
capacity in Anglican schools. This term may include a ‘church worker’.
| 81
harm: is defined in s.9 CPA as
1.
“Harm, to a child, is any detrimental effect of a significant nature on the student’s physical, psychological or
emotional wellbeing.
2.
It is immaterial how the harm is caused.
3.
Harm can be caused by(a) physical, psychological or emotional abuse or neglect; or
(b) sexual abuse or exploitation.
4.
Harm can be caused by(a) a single act, omission or circumstance; or
(b) a series of combination of acts, omissions or circumstances.”
inappropriate behaviour: means any behaviour of an employee of the school including words, towards a student,
regardless of age, which is inconsistent with the relevant Professional Standards, Code of Conduct and policies
of the school and is considered to be ‘inappropriate behaviour’ by the person making the complaint.
investigate: means to carrying out a systematic or formal inquiry into a student protection matter, including
interviewing relevant persons; examining the facts of a student protection report; or making a determination about
whether a child is in need of protection.
likely: the term “likely” is interpreted as “more probable than not”. It applies to situations where you believe that,
unless someone intervenes, it is more probable than not that the student will be abused.
parent: refer to s.10 of the EGPA, and Schedule 3 of the CPA for the meaning of parent.
parent able and willing to protect the child from harm: means a person may reasonably suspect that a parent
is able and willing to protect their child from harm when the person believes the parent has both the ability and the
willingness to ensure the safety, wellbeing and best interests of the child. The parent’s ability and willingness may
be evident in their statements and direct or indirect actions.
particular prescribed entity: a particular prescribed entity, under s.159M of the CPA, includes:

the chief executive of Child Safety


the chief executives of the departments responsible for adult corrective services, community services,
disability services, education, housing services and public health




(Accreditation of Non-State Schools) Act 2001.
prescribed entity: a prescribed entity, under s.159D of the CPA, includes:

the chief executive of Child Safety


a licensee (of a licensed care service)

the public guardian

the chief executive of a department that is mainly responsible for adult corrective services, community
services, disability services, education, housing services, public health



82 |

(Accreditation of Non-State Schools) Act 2001

the person in charge of a student hostel

the chief executive of another entity, that provides a service to children or families, prescribed under a
regulation.
Principal: (in relation to a school) includes head of school.
reasonably suspects: (Sch. 3 Dictionary CPA) and (Sch. 4 Dictionary EGPA) Suspects on grounds that are
reasonable in the circumstances.
reasonable suspicion: a reasonable suspicion is a suspicion formed on grounds that are reasonable in the
circumstances. The CPA (s.13) also states that:

a reasonable suspicion may have been informed by observation of the child, other knowledge of the
child or any other relevant knowledge, training or experience the person forming the suspicion may
have;

matters that may be considered when forming a reasonable suspicion, include: detrimental effects on
the child’s body or psychological or emotional state that are evident or likely to become evident in the
future; the nature and severity of the detrimental effects and the likelihood they will continue; and the
child’s age.
recognised entity: a recognised entity, under s.246l of the CPA, is an entity with whom Child Safety officers can
consult about issues relating to the protection and care of Aboriginal or Torres Strait Islander children.
A recognised entity must be:

an individual who is an Aboriginal or Torres Strait Islander person and who has appropriate knowledge
of, or expertise in, child protection

an entity whose members include individuals who are Aboriginal or Torres Strait Islander people who
have appropriate knowledge of, or expertise in, child protection and that has a function of providing
services to Aboriginal persons or Torres Strait Islanders.
registered nurse: (Sch. 3 Dictionary CPA), means a person registered under the Health Practitioner Regulation
National Law (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and
(b) in the registered nurses division of that profession.
relevant information: (s.159C of the CPA) includes information about a child, the child’s family, someone else, a
pregnant woman or an unborn child which is given to:

the chief executive, Child Safety or an authorised officer under the CPA; or

a service provider, as defined in s.159D of the CPA.
SCAN (Suspected Child Abuse and Neglect) team system: the purpose of the SCAN team system is to
enable a coordinated, multi-agency response to children where statutory intervention is required to assess and
meet their protection needs. This is achieved by:

timely information sharing between SCAN team core members

planning and coordination of actions to assess and respond to the protection needs of children

holistic and culturally responsive assessment of children’s protection needs.
school or Anglican School: has the meaning in the Diocesan Governance Canon [as at the effective date]: an
Anglican school in the Diocese and includes:
(a) a school which is owned and administered by the Corporation;
| 83
(b) a school in the Diocese which is owned or administered by the Society of the Sacred Advent;
(c) a school which is owned or administered by or affiliated with a Church Institution as provided under the
Church Institutions Canon;
(d) a school which is a separately incorporated company which is a subsidiary (as defined in the
Corporations Act 2001 (Cwth) of the Corporation; and
(e) a school which was a member of the Anglican Schools Commission immediately before this Canon
comes into force.
school: (Sch. 3 Dictionary CPA) means –
(a) a State school under the Education (General Provisions) Act 2006; or
(b) a school that is provisionally accredited, or accredited, under the Education (Accreditation of Non-State
Schools) Act 2001.
self-harm: harm that requires immediate medical or psychological intervention. Self-harm includes self-inflicted
injuries, OR other self-inflicted physical or psychological damage.
service provider: (s.159D CPA), means:
(a) a prescribed entity; or
(b) another person providing a service to children or families; or
(c) a recognised entity.
sexual abuse: (s.364 of the EGPA):
Sexual abuse in relation to a relevant person, includes sexual behaviour involving the relevant person and another
person in the following circumstances (a) the other person bribes, coerces, exploits, threatens or is violent toward the relevant person;
(b) the relevant person has less power than the other person;
(c) there is a significant disparity between the relevant person and the other person in intellectual capacity or
maturity.
Student Protection Officer: means – a person within a school designated by the Principal as a contact person
to whom students may refer or report if they have concerns for their or another student’s safety, or to make a
complaint of sexual abuse, likely sexual abuse, harm or risk of harm or inappropriate behaviour of a staff member.
The Principal may fulfil this role. This in part is a requirement under s.10E (ANSS) Reg.
Teacher: (Sch. 3 Dictionary CPA) means an approved teacher under the Education (Queensland College of
Teachers) Act 2005, employed at a school.
visitor: any person who visits the school on a one-off or regular basis to provide services (paid or unpaid) to the
school. This includes contractors, consultants and presenters of one-off programs.
volunteer: means a person involved in ‘formal volunteering’. Formal volunteering is an activity which takes place
in not for profit organisations or projects and is undertaken:




84 |
to be of benefit to the community and the volunteer;
of the volunteer’s own free will and without coercion;
for no financial payment; and
in designated volunteer positions only.
Appendix 2
Abuse prevention education
Current research suggests that effective abuse prevention education programs should have the following features:
Active participation
It is better for students to participate in active learning experiences, such as role-plays, rather than passive ones
such as videos or colouring books.
Explicit training
It is best if students rehearse the specific behaviours they are expected to use in an unsafe situation, such as
telling someone that they have been harmed. Lectures, handouts, and other methods where students are taught
concepts rather than skills are likely to be less effective.
Group training
Students are likely to feel safer discussing challenging topics in group settings rather than on their own.
Standardised materials
Abuse prevention programs are likely to be more effective when taught by trained instructors, who present
materials with standardised content.
Integrated into the school curriculum
Programs should be connected to other learning and teaching rather than ‘stand-alone’.
Long rather than short programs
Abuse prevention programs are likely to be more effective if presented over a long period of time, and followed up
with ‘top up’ sessions. ‘One-off’ presentations or short programs are likely to be less effective.
Parental involvement
Programs are more likely to benefit from abuse prevention training if their parents are involved in the program.
Teacher Education
Abuse prevention programs are likely to be more effective if the teachers delivering them have received training.
The Department of Education, Training and Employment has developed the Daniel Morcombe Child Safety
Curriculum to support schools and teachers in the promotion of safety for all students. The Curriculum recognises
each of these features and has developed resources including a Teacher Guide to support its implementation in
schools.
The Curriculum includes lessons about personal safety and awareness, cybersafety and telephone safety. The
lesson content aims to develop student knowledge and skills to recognise, react and report when they are unsafe.
The teaching resources are password protected and available online to state schools via the Learning Place and
OneSchool and for non-state schools via Scootle, the National Digital Learning Resources Network managed by
Education Services Australia. http://education.qld.gov.au/parents/school-life/child-safety-curriculum.html
Reference
Sanderson, J. (2004). Child-focused sexual abuse prevention programs: How effective are they in preventing child
abuse? Crime and Misconduct Commission Research and Issues, 5. Available from http://www.cmc.qld.gov.au/
| 85
1800 177 135
Child Safety After Hours Service Centre
1300 618 062
1300 703 921
1300 706 147
1300 679 849
1300 683 390
Far North Qld RIS
North Coast RIS
North Qld RIS
South East RIS
South West RIS
1300 703 762
Central Qld RIS
86 |
1300 682 254
Brisbane RIS
3235 9999
General line
1300 683 259
1300 678 801
1300 704 514
1300 705 201
1300 683 596
1300 683 042
1300 705 339
3235 9901
Direct line
4616 1796
3884 8802
4799 7273
5420 9049
4039 8320
4938 4697
3259 8771
3235 9898
Fax
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Email
Child Safety Regional Intake Service Contact Details
Service
Appendix 3
Child Protection Phases
Child protection phases. Department of Communities, Child Safety and Disability Services: https://www.communities.qld.gov.au/childsafety/child-safety-practicemanual/framework-for-practice-and-maps/practice-maps/child-protection-phases
35
Appendix 4
| 87
35
[email protected]
[email protected]
[email protected]
[email protected]
[email protected],gov.au
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Brisbane West
Bundaberg
Caboolture
Cairns
Coomera
Cunnamulla
Dalby
Gladstone
Gold Coast
Gympie
Inala
Innisfail
Ipswich
Kingaroy
Laidley
Logan
[email protected]
Brisbane City
88 |
Business Email
CPIU – QPS Contact Details
CPIU
Appendix 5
11 Civic Pde, Logan Central 4114
P.O. Box 90, Laidley 4341
11-13 Alford St, Kingaroy 4610
300-320 Warwick Road, Yamanto 4305
P.O. Box 8, Innisfail 4860
58 Hyacinth St, Inala 4077
Gympie Police Station, Channon St, Gympie 4570
P.O Box 561, Surfers Paradise 4217
10-12 Yarroon St, Gladstone 4680
47 Drayton St, Dalby 4405
5 Stockyard St, Cunnamulla 4490
11 De Barnett St Coomera
P.O. Box 1120, Cairns 4870
King St, P.O. Box 90, Caboolture 4510
Bundaberg CPIU, P.O. Box 1214, Bundaberg 4670
Cnr Tramway St & Samford Rd, Ferny Grove 4055
BCD CPIU Level 2 46 Charlotte St, Brisbane 4000
Mailing Address
3826 1903
5465 8033
4160 4900
3817 1520
4061 5720
3737 5558
5480 1062
5570 7862
4971 3244
4669 9260
4655 8930
5514 7811
4030 7089
5495 0465
4153 9120
3872 1570
3258 2533
Phone
3826 1902
5466 8035
4162 5014
3812 1966
4061 6823
3278 8362
5480 1166
5570 7932
4971 3279
4669 7650
4655 2486
55147808
4030 7165
5495 6490
4153 9127
3872 1582
3258 2517
FAX
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Longreach
Mackay
Mareeba
Maryborough
Morningside
Mount Isa
Murgon
North Brisbane
Pine Rivers
Redcliffe
Rockhampton
Roma
Sunshine Coast
Thursday Island
Toowoomba
Townsville
Warwick
Woorabinda
Wynnum
82 Pine St, Wynnum 4179
25 Munns Dr, Woorabinda
86 Fitzroy St, Warwick 4370
P.O. Box 1025, Townsville 4875
P.O. Box 144, Toowoomba 4350
P.O. Box 190, Thursday Island 4875
P.O. Box 1175, Maroochydore 4558
P.O. Box 474, Roma 4455
P.O. Box 1161, Rockhampton 4700
Cnr Redcliffe Pde & Klinger Rd, Redcliffe 4020
Cnr Old Dayboro Rd & Connors St, Petrie 4502
149 Muller Road, Boondall 4034
38 Krebs St, Murgon 4605
7-9 Isa St, Mount Isa 4825
73 Thynne Rd, Morningside 4170
P.O. Box 220, Maryborough 4650
P.O. Box 256, Atherton 4883
P.O. Box 261, Mackay 4740
97 Galah St, Longreach 4730
3308 8177
49132306
4660 4436
4759 9743
4631 6355
4069 1520
5475 2437
4622 9358
4932 3570
3283 0530
3897 7239
3364 1922
4179 5222
4744 1161
3823 8610
4123 8155
4091 9821
4968 3474
| 89
3396 7011
49350181
4660 4459
4721 3854
4615 3066
4069 1040
5443 8985
4622 9384
4922 -0655
3283 0537
3285 3422
3364 3386
4179 5255
4744 1169
3399 6650
4123 8174
4091 9839
4968 3582
Any
Any
All staff
Volunteers / visitors
and contractors to
the school
90 |
Physical
Psychological /
Emotional
Neglect
School staff other
than mandated staff
(teachers / registered
nurses)
 Teacher
 Registered Nurse
Sexual
School staff other
than mandated staff
(teachers / registered
nurses)
Mandatory reporter:
Sexual
Physical
Psychological /
emotional
Neglect
Sexual
ABUSE TYPE
Support service would be beneficial to
the child and family to prevent future CP
concerns
Suspicion that a child has been, is being
or is likely to be harmed.
HOWEVER
Reporting threshold not met.
Parent not able and willing to protect
Significant harm and
As above +
Awareness or a reasonable suspicion of
sexual abuse or likely sexual abuse
THRESHOLD
Principal to report to Child Safety,
police or refer to FaCC / IFS
MUST REPORT
Principal
SPO can refer with consent to
FaCC / IFS or other service
Confer with SPO and prepare written
report;
 Principal / a director of
Governing Body (or delegate);
 recipient of form to immediately
give to police
SPO / Principal:
 prepare written report; and
 immediately provide report to
Child Safety
Mandated reporter (legislation):
 confer with SPO;
 consult with Principal;
 prepare written report; and
 immediately provide report to
Child Safety
SPO / Principal:
 to consult with Principal and
SPO (as delegated);
 SPO and staff member to
prepare written report;
 Principal / SPO to immediately
provide report to Child Safety
Principal or SPO
WHOM
as determined by legislation
ONLY Principal can refer without
consent to FaCC
Report to Principal
MUST REFER
Child Safety
MUST REPORT
Child Safety
MUST REPORT
SPO / Principal
MUST REPORT
Principal or director
MUST REPORT
REPORT / REFER
Guide for reporting or referring ‘harm’ to a child
All school staff
WHO
Appendix 6
CP Act (s.13A)
ACSQ SP policy
CP Act (s. 13B)
ACSQ SP policy
CP Act (s.13A)
ACSQ SP policy
ACSQ SP policy
 other forms of harm
CP Act (s. 13E)
 sexual / physical
CP Act (s. 13E)
ACSQ SP policy
E (GP) Act (s.366 & 366A)
ACSQ SP policy
AUTHORITY
Appendix 7
Research Overview: Children in Out-Of-Home Care
The following paper was developed by Department of Education and Training and has been modified for use in
Anglican Schools.
Introduction
March 2015
Research has shown that experiences of childhood abuse and neglect can significantly impact upon all domains
of a child’s or young person’s development including physical, psychological, cognitive, behavioural and social.
For those children and young people involved in the child protection system, such experiences of abuse and/or
neglect and the resulting impacts can lead to less than optimal educational and life outcomes.
To help regions and schools support students in out-of-home care (OOHC), this paper provides an overview of
research findings in relation to: the impacts of abuse and neglect; the resulting affects on educational
achievement; and strategies to enhance academic, social and emotional functioning and participation in school
activities.
Impacts of abuse and neglect
The research literature indicates that the possible impacts on children of abuse and/or neglect include:
insecure or disorganised attachment disorders – such disorders can severely affect a child’s ability to
communicate, interact with others and form healthy trusting relationships (Lamont 2010, pp.2-3);
medical conditions including failure to thrive, hearing loss and brain damage (Lamont 2010, p.3)
cognitive impairments including speech and language delays, memory difficulties, distorted or disorganised
thinking patterns and information processing issues (Wise et al 2010, p.10) – research has demonstrated that
complex trauma, such as childhood abuse, can affect the developing brain and may interfere with a child’s
capacity to integrate sensory, emotional and cognitive information. (Perry, 2001; Streeck-Fischer & Van der
Kolk, 2000);
mental health issues including post traumatic stress disorder, depression, anxiety disorders, suicidal
behaviour and eating disorders (Lamont 2010, pp.3-4; Mills in Berridge 2012, p.1173; Ferguson & Wolkow 2012,
p.1143) – A study by Hussey, Chang, and Kotch (2006) found that all types of abuse and neglect were
associated with eight of ten major adolescent health risks. Brodksy & Stanley (2008) found that risks of
repeated suicide attempts were eight times greater for youths with a sexual abuse history;
alcohol and substance misuse including illicit drugs and inhalants (Lamont 2010, p.4; Ferguson & Wolkow 2012,
p.1143);
behavioural problems including aggression, disruptive behaviours, inappropriate sexualised behaviour and
hyperactivity (Lamont 2010, p.4; Mills in Berridge 2012, p.1173);
criminal activity in adolescence and adult life (Lamont 2010, p.4; Ferguson & Wolkow 2012, p.1143) – a National
Institute of Justice study by English, Widom, & Brandford (2004) predicted that abused and neglected
children were 11 times more likely to be arrested for criminal behaviour in adolescence; and
social issues including multiple placement changes while in care and social mobility, isolation, homelessness,
poverty and unemployment in adult life (Lamont 2010, p.4-5; Jackson & Cameron 2012, p. 1107; Ferguson &
Wolkow 2012, p.1143 & 1145).
However, the nature and extent of these impacts on the individual child or young person will vary depending
upon: the child’s age and developmental level at the time when the abuse occurred; the severity, frequency and
duration of the abuse and/or neglect; the relationship between the child and the person responsible; and the
type/s of abuse and/or neglect experienced. (Lamont 2010, p.1)
| 91
Impacts of abuse and trauma on educational achievement
Australian and international research has also shown that such experiences of abuse and/or neglect and the
resulting impacts on the child’s functioning will, in turn, influence the child’s academic performance and
participation in the school environment. Impacts that have been demonstrated in research include:
standardised tests – research has shown that students in OOHC frequently score significantly lower on
standardised tests than their same-age peers (Cheung et al 2012, p.1092; Forsman & Vinnerljung 2012, p. 1084;
Harper & Schmidt 2012, p. 1176-7; Flynn et al 2012, p. 1183; Ferguson & Wolkow 2012, p. 1143-5);
grade level performance –students in OOHC frequently perform below the grade level when compared to
their peers (Cheung et al 2012, p.1092; Harper & Schmidt 2012, p. 1176-7; Ferguson & Wolkow 2012, p. 1144) –
Flynn et al (2012, p. 1183) indicated in their research that studies have consistently shown that, in both
primary and secondary school, many students in OOHC lag one or two years behind their peers in the
general population;
repeating a year level – research has shown that students in OOHC were more likely to repeat a year level
(Flynn et al 2012, p. 1184; Wise et al 2010, p.7) – Ferguson & Wolkow (2012 p.1144) found that twice as many
students in care repeated a grade when compared with their peers not in OOHC;
school changes – research indicates that many students in OOHC experience multiple school changes during
the course of their education than students not in OOHC (Jackson & Cameron 2012, p. 1111; Wise et al 2010,
p.7; Flynn et al 2012, p. 1184);
learning disabilities and special education – when compared with same-age peers students in OOHC report
higher rates of learning disabilities and may also require more remedial assistance and special education
placements (Cheung et al 2012, p.1092; Harper & Schmidt 2012, p. 1176-7; Flynn et al 2012, p. 1183) – students in
OOHC are five times more likely to receive special education services than their peers. (Ferguson & Wolkow
2012, p. 1144);
behavioural issues and school abscences – research has shown that students in OOHC exhibit more
behaviour problems in school and experience much higher rates of suspensions, exclusions and school
absences when compared to same-age peers (Cheung et al 2012, p.1092; Harper & Schmidt 2012, p. 1176-7;
Flynn et al 2012, p. 1183; Ferguson & Wolkow 2012, p. 1144-5; Wise et al 2010, p.7);
academic milestones – when compared to same-age peers, research has shown that students in OOHC often
fail to meet appropriate academic milestones (Cheung et al 2012, p.1092; Harper & Schmidt 2012, p. 1176-7);
and
post-secondary education – according to current research, students in OOHC frequently do not complete
high school or undertake post-secondary education (Forsman & Vinnerljung 2012, p. 1084; Johansson & Hojer
2012, p.1136; Harper & Schmidt 2012, p. 1176-7; Flynn et al 2012, p. 1183; Ferguson & Wolkow 2012, p. 1144-5).
Strategies to enhance individual student achievement and participation
Given this evidence, it is clear that students in OOHC can face multiple complex challenges during their lives.
However, as Sir Paul Ennals, Chief Executive United Kingdom National Children’s Bureau, highlighted in 2009 36
“good schools can be the key to their success. School can provide the stability they need, a safe place in a
turbulent world, an opportunity to excel, and a route map out of their difficulties into a more positive future.”
The research literature also provides guidance about positive strategies that can be implemented to better
support students in OOHC.
School buddy/mentor – Trout et al (2012, p.1116) identified in their research that a school mentor could talk
with the students on a weekly basis and then facilitate connections between the students, carers37,
teachers and school leadership, advocate for the students and monitor indicators of school engagement.
36
Quoted in the Department for Children, Schools and Families UK resource Improving the attainment of looked after
children in primary schools, p.4
37
Carers may include Child Safety approved foster or kinship carers or care staff from licensed residential care or
therapeutic
residential care services.
92 |
Identify a key staff member within the school who can act as a buddy/mentor for `each student in OOHC.
This person could make regular contact with the student and provide additional support in raising and
addressing their needs. Where a school has a number of students in OOHC, consider whether the
same person may take on this role for multiple students – this could help to identify common needs and
to ensure consistency in planning and provision of support.
High expectations – Research has shown that higher expectations in relation to education and learning are
significantly associated with higher levels of academic achievement for students in OOHC. (Berridge 2012,
p.1174; Cheung et al 2012, p.1094 & 1097-9; Gharabaghi 2012, p. 1133; Jackson & Cameron 2012, p.1113;
Johansson & Hojer 2012, p.1141; Stoddart 2012, p.1157; Ferguson & Wolkow 2012, p. 1146; Wise et al 2010, p.7 &
27)
Students, teachers, carers and Child Safety Officers (CSOs) should: have high expectations for the
student’s education and learning; set goals and targets that lead to improved achievement and
participation; and acknowledge success when goals are achieved. Goals and targets should be
reflected in the student’s Education Support Plan (ESP) and Senior Education and Training (SET) plan.
Home-based involvement in education and learning – Research has repeatedly shown that parent or carer
home-based involvement in education and learning, such as helping with homework and providing homebased tutoring, and creation of a literacy environment38 in the carer’s home were significantly associated
with academic success for students in OOHC. (Cheung et al 2012, p.1093-4 & 1097-8; Gharabaghi 2012, p. 11301 & 1133; Griffiths 2012, p. 1101-2; Harper & Schmidt 2012, p. 1180-1; Forsman & Vinnerljung 2012, p. 1086-8; Flynn
et al 2012, p. 1187-9; Trout 2012, p. 1117)
Try to communicate regularly with carers. Talk with carers about how they could provide extra educational
support to students in their care. For example, encourage them to: talk with the student about their
progress at school; read at night with the student; help with homework; provide some one-on-one
tutoring, if appropriate; take the student to the library or provide the student with reading material eg
books, newspapers, magazines, comics; or do one extra activity with the student each week which is
provided by the teacher and reinforces some area of the curriculum covered in the classroom that
week.
Stable home and school environment – Research indicates that children in a consistent and stable
environment, which allows them to develop relationships, stay in the same school, and manage learning
disability, have a much greater probability of successfully completing secondary school. (Pecora 2012,
p.1124-7; Jackson & Cameron 2012, p. 1111; Johansson & Hojer 2012, p.1139; Stoddart 2012, p.1157; Wise et al
2010, p.27)
Work in partnership with CSOs and try to minimise disruptions to school attendance for students in OOHC.
For example: let the CSO know about any issues that may impact on the student’s placement or school
status so they can intervene early and minimise disruptions; work with the CSO to find ways to keep the
student in their current school when there is placement instability; and work with the CSO to respond to
behavioural issues before they lead to school disciplinary abscences.
Post-secondary education – Research on participation in post-secondary education (PSE) indicates that if a
child is taught to value PSE, is prepared academically and otherwise for PSE and wishes to attend PSE,
there is a high probability that the child will participate in PSE and the associated costs won’t stand in the
way – bring a ‘culture’ of PSE into their lives so that it becomes a real, viable opportunity for them. (Finnie
2012, p. 1162-3; Pecora 2012, p.1128)
Involve the student and their carer and CSO in the development of their Secondary Education and Training
(SET) Plan and talk about how the student’s Child Safety Transition from Care planning 39 may
contribute to the student achieving their goals. To further encourage students in OOHC who have the
ability and desire to undertake PSE, consider: undertaking visits to university or TAFE campuses;
providing information about different pathways into PSE; providing carers with information about PSE
38
Creating a literacy environment is defined as a situation when a parent or carer provides the student with access to
books and visits to the library. (Cheung et al 2012, p.1093)
39
The Transition from Care planning process is undertaken by the CSO as part of the case planning process with the child
from the year when he or she is turning 15 years of age. Refer to the Qld Government webpage at Leaving Care
for further information.
| 93
options so that discussions with students can continue at home; developing mentoring or peer support
programs; and providing assistance with application and enrolment processes.
Targeted timely support – Research has shown that students in OOHC are more likely to show higher levels
of academic achievement when they have: better impulse inhibition and emotional regulation, reduced
externalising behaviours and higher levels of academic engagement. (Cheung et al 2012, p.1092)
Where there are early indicators that a student in OOHC may have behaviour issues or difficulties coping in
the classroom or school setting, work with the carer and the CSO to link the student in with support
services that will help them address these issues and develop positive coping strategies. This may
include accessing DETE resources, such as the Ed-LinQ mental health initiative or regional behaviour
support personnel, or external resources such as the Evolve Interagency Services or other government
or non-government counselling or therapeutic services.
Co-ordination and communication – Research indicates that educational outcomes for students in OOHC
can be negatively impacted by a lack of co-ordination, co-operation and communication between the key
professionals and agencies involved with the student. (Ferguson & Wolkow 2012, p. 1146)
Look for opportunities to communicate with the carer and CSO and to co-ordinate planning and service
delivery. School or regional staff may be invited to participate in Child Safety planning for a student in
OOHC including, but not limited to: case planning and Family Group meetings; Evolve Interagency
Services meetings; Suspected Child Abuse and Neglect (SCAN) team meetings; and Residential Care
Service care planning meetings.
94 |
Reference list
Berridge D, ‘Educating young people in care: What have we learnerd?’ in Children and Youth Services Review, 34,
pp.1171-1175.
Brodsky B & Stanley B 2008, ‘Adverse childhood experiences and suicidal behavior’ in Psychiatric Clinics of North America,
31, pp.223–235.
Cheung C, Lwin K & Jenkins JM 2012, ‘Helping youth in care succeed: Influence of caregiver involvement on academic
achievement’ in Children and Youth Services Review, 34, pp.1092-1100.
English D, Widom C & Brandford C 2004, ‘Another look at the effects of child abuse’ in National Institute of Justice Journal,
251, pp.23–24.
Ferguson HB & Wolkow K 2012, ‘Educating children and youth in care: A review of barriers to school progress and
strategies for change’ in Children and Youth Services Review, 34, pp.1143-9.
Finnie R 2012, ‘Access to post-secondary education: The importance of culture’ in Children and Youth Services Review, 34,
pp.1161-1170.
Flynn RJ, Marquis RA, Paquet M, Peeke LM & Aubry TD 2012, ‘Effects of individual direct-instruction tutoring on foster
children’s academic skills: A randomised trial’ in Children and Youth Services Review, 34, pp.1183-9.
Forsman H & Vinnerljung B 2012, ‘Interventions aiming to improve school achievements of children in out-of-home care: A
scoping review’ in Children and Youth Services Review, 34, pp.1084-1091.
Gharabaghi K 2012, ‘Translating evidence into practice: Supporting the school performance of young people living in
residential group care in Ontario’ in Children and Youth Services Review, 34, pp.1130-1134.
Griffiths R 2012, ‘The Letterbox Club: An account of a postal club to raise the achievement of children aged 7 to 13 in foster
care’ in Children and Youth Services Review, 34, pp.1101-6.
Harper J & Schmidt F 2012, ‘Preliminary effects of a group-based tutoring program for children in long-term foster care’ in
Children and Youth Services Review, 34, pp.1176-82.
Hussey J, Chang J & Kotch J 2006, ‘Child maltreatment in the United States: Prevalence, risk factors, and adolescent
health consequences’ in Pediatrics, 118(3), pp. 933–942.
Jackson S & Cameron C 2012, ‘Leaving care: Looking ahead and aiming higher’ in Children and Youth Services Review,
34, pp.1107-1114.
Johansson H &Hojer I 2012, ‘Education for disadvantaged groups – Structural and individual challenges’ in Children and
Youth Services Review, 34, pp.1135-1142.
Lamont A 2010, ‘Effects of child abuse and neglect for adult survivors’ Australian Institute of Family Studies(online).
https://www3.aifs.gov.au/cfca/publications/effects-child-abuse-and-neglect-adult-survivors [accessed 18 March 2015].
Lamont A 2010, ‘Effects of child abuse and neglect for children and adolescents’ Australian Institute of Family
Studies(online). https://www3.aifs.gov.au/cfca/publications/effects-child-abuse-and-neglect-children-and-adolesce
[accessed 18 March 2015].
Pecora PJ 2012, ‘Maximizing educational achievement of youth in foster care and alumni: Factors associated with success’
in Children and Youth Services Review, 34, pp.1121-9.
Perry B 2001, ‘Violence and childhood: How persisting fear can alter the developing child’s brain’ in Schetky D & Benedek E
(Eds.) Text book of child and adolescent forensic psychiatry. Washington DC: American Psychiatric Press Inc. pp.
221–238.
Streeck-Fischer A & van der Kolk BA 2000, ‘Down will come baby, cradle and all: Diagnostic and therapeutic implications of
chronic trauma on child development’ in Australian and New Zealand Journal of Psychiatry, 34(6), pp. 903–918.
Stoddart JK 2012, ‘Using research and outcome data to improve educational services and supports for young people in
care: A case study of a local children’s aid society in Ontario’ in Children and Youth Services Review, 34, pp.11541160.
Trout AL, Tyler PM, Stewart MC & Epstein MH 2012, ‘On the Way Home: Program description and preliminary findings’ in
Children and Youth Services Review, 34, pp.1115-112.
Wise S, Pollack S, Mitchell G, Argus C & Farquhar P 2010, ‘Care-system Impacts on Academic Outcomes Research Report
June 2010’, Anglicare Victoria and Wesley Mission Victoria.
| 95
Appendix 8
Reporting sexual abuse and likely sexual abuse –
explanation of terms
Explanation text for Flowchart 2: reporting ‘sexual abuse’ and ‘likely sexual abuse’ Education (General
Provisions) Act 2006 and the Student Protection in Anglican Schools Policy and Procedures
Term
Explanation
Reasonably suspects
Schedule 4 of the EGPA provides a definition for reasonably suspects:
‘means suspects on grounds that are reasonable in the circumstances’.
Sexual abuse
Section 364 of the EGPA provides a definition of sexual abuse:
‘in relation to a relevant person, includes sexual behaviour involving the relevant
person and another person in the following circumstances—
(a)
(b)
(c)
the other person bribes, coerces, exploits, threatens or is
violent toward the relevant person;
the relevant person has less power than the other person;
there is a significant disparity between the relevant
person and the other person in intellectual capacity or
maturity.’
relevant person for a non-state school means a person mentioned in section 366(1)(a)
to (c) or 366A(1)(a) to (c).
First Person
Sections 366 and 366A use the term ‘the first person’. In the context of these two
sections this means, the first person who becomes aware, or reasonably suspects, in the
course of the staff member’s employment at the school, that any of the following has been
sexually abused by another
Person.
Report
Sections 366 and 366A require the first person to provide a written report to the police
(via the Principal or the governing body or delegate as appropriate). The Student
Protection in Anglican Schools Policy and Procedures requires that this written report is
to be in the form of a FORM 1: Suspected Sexual Abuse or Likely Sexual Abuse report
Form.
96 |
Appendix 9
Reporting ‘harm’ – explanation of terms
Explanation text for Flowchart 3: reporting ‘harm’ Child Protection Act 1999 and the Student Protection in
Anglican Schools Policy and Procedures
Term
Explanation
Harm
The Child Protection Act 1999 provides a definition of ‘harm’ as being:
Any detrimental effect of a significant nature on the child’s physical, psychological or
emotional wellbeing. It is immaterial how the harm is caused.
Harm can be caused by:
 physical abuse
 sexual abuse or exploitation
 psychological or emotional abuse
 neglect
Harm can be caused by a single act, omission or circumstance, or a series or combination
of acts, omissions or circumstances.
Child
A child is an individual under 18 years
Mandated reporter
The Child Protection Act 1999 now requires a range of professionals to report harm of a
child. In schools, teachers and registered nurses are now mandated to report reasonable
suspicions of significant harm or risk of significant harm to a child caused by physical or
sexual abuse.
A teacher, means an approved teacher under the Education (Queensland College of
Teachers) Act 2005 employed at a school.
A school means either a State school under the Education (General Provisions) Act 2006
or a school that is provisionally accredited, or accredited, under the Education
(Accreditation of Non-State Schools) Act 2001.
A registered nurse means a person registered under the Health Practitioner Regulation
National Law – to practise in the nursing profession as a nurse; and in the registered
nurses division of that profession.
Required reporter
This term is used to describe a person who is required by policy (Student Protection in
Anglican Schools) to report reasonable suspicions of harm or risk of harm of a student.
This term is also used for a designated Student Protection Officer (SPO) who is not a
teacher (e.g. psychologist) and therefore not mandated by legislation to report ‘harm’.
Policy requires that non-teacher SPO’s will report to the same reporting threshold as
mandated reporters.
Significant harm
The Child Protection Act 1999 in section 13C (2) & (3) provides some guidance in what
may constitute ‘significant harm’.
‘When forming a ‘reasonable suspicion’, you may consider –
(a) whether there are detrimental effects on the child’s body or the child’s
psychological or emotional state –
(i) that are evident to the person; or
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(ii) that the person considers are likely to become
evident in the future;
and
(b) in relation to any detrimental effects mentioned in paragraph (a) –
(i) their nature and severity; and
(ii) the likelihood that they will continue; and
(c) the child’s age.
Consideration may be informed by an observation of the child, other knowledge about the
child or any other relevant knowledge, training or experience.
Child Protection
Guide
The Child Protection Guide (CPG) is an on-line decision-support tool designed to assist
professionals with concerns about a child’s safety or well-being in making decisions
regarding where to report or refer their concerns.
The CPG supports professionals to make these decisions by:
 focusing on the critical factors for decision making
 clearly identifying the threshold for concerns that require a report to Child Safety
 operationalising the legislation to ensure reporting obligations are met
 identifying alternative and additional ways to support a family where the
concerns do not meet this threshold
 providing details of available local support services
 providing a consistent and objective framework for analysing concerns; and
 promoting shared principles, language and thresholds across the system.
The CPG can be found on the Child Safety Services website.
Conferring / confer
The Child Protection Act 1999 in section 13H provides for the sharing of information by a
mandated reporter with a school colleague to assist in forming a ‘reasonable suspicion’
of significant harm or unacceptable risk of significant harm caused by physical or sexual
abuse. The legislation defines ‘colleague’ as a person working in or for the same entity
as the mandated reporter.
CPSO
Child Protection Support Officer employed by the Anglican Church Southern Qld working
from within the Anglican Schools Commission. This position supports schools and staff
in areas of compliance with relevant legislation and policy requirements and the
provision of education and training for staff.
Parent
Definitions are provided for ‘parent’ in both the Education (General Provisions) Act 2006
and the Child Protection Act 1999. They are very similar in nature. Generally a ‘parent’ of
a child is the child’s mother, father or someone else having or exercising parental
responsibility for the child.
Able and willing
You may reasonably suspect that a parent is able and willing to protect their child from
harm when you believe that the parent has both the ability and the willingness to ensure
the safety, wellbeing and best interests of the child.
A parent’s ability and willingness may be evident in both their statement and their direct
and indirect actions. Table 2 on page 45 provides examples that may assist when
considering a parent’s ability and willingness to protect a child.
98 |
Report
Both the Child Protection Act 1999 and the Education (General Provisions) Act 2006
require that information be provided to a state authority in written format. A student
protection report made to Child Safety Services uses the web-based R-Report Form
provided by Child Safety Services with the FORM 1: Suspected sexual abuse or Likely
sexual abuse Report Form being used for a report to the police and also to Child Safety
Services if a dual report to both agencies is required.
Access to these forms are available from your school intranet or from the Anglican
Schools Commission.
Referral
Child Safety Services have provided a web-based E-Referral Form for use by school
staff in reporting a student and/or a family to a Family and Child Connect or Intensive
Family Support service.
Access to the link to this form is available from your school intranet, Child Protection
Guide, Child Safety Services website or the Anglican Schools Commission.
FaCC / IFS
Family and Child Connect (FaCC) and Intensive Family Support (IFS) are communitybased intake and referral services that help at-risk and vulnerable families to connect
with the services they need to safely care for their children at home.
Professional who work with children and families who have concerns about a family can
refer them to a FaCC or an IFS for help. Referrals ideally should be made with consent
HOWEVER a referral can be made without consent. A referral made without consent in
a non-state school can ONLY be made by the Principal (as the prescribed entity).
Monitor and support
If your professional role includes an ongoing relationship with the child and/or parent, it is
expected that such a relationship will continue regardless of the reporting decision. It is
important to maintain a connection to the family so that if conditions change, you can
reconsider your decision not to report or refer.
This relationship may include monitoring or creating and maintaining a safe space where
the child or parent may make further disclosures about concerns that may exist or
disclose new incidents.
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Education Support Funding Program (ESFP)

Transcription

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