Guidance for Reporting and Responding to Child Safe Matters

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If you need help to understand this, please contact School Sport Victoria via email school.sport.victoria@education.vic.gov.au or phone 03 9084 9001.

Purpose

School Sport Victoria (SSV) is committed to child safety, as outlined in the Department of Education Child Safe and Wellbeing Policy.

This procedure applies to all SSV sanctioned school sport programs, events, teams and competitions (hereby known as SSV events), as well as SSV's online environment. It relates to all supervisors involved in SSV events.

This procedure aims to outline SSV's processes for responding to and reporting suspected child abuse, which are guided by the following principles:

• Identifying the safety of children is everyone's responsibility
• Having a clear procedure
• Encouraging children to report
• Making people aware of their duty of care and legal responsibilities
• Acting appropriately on concerns and complaints
• Keeping and securely storing accurate records.

Nothing in this procedure prevents a staff member, volunteer or contractor or any other person from reporting to the relevant authorities if they form a reasonable belief that a child is at risk of abuse.

Context for the provision of school sport

SSV delivers an extensive school sport programme, through interschool and interstate (Team Vic) opportunities, to primary and secondary students across Victoria.

SSV events are delivered at a range of venues across Victoria, including community sport and recreation venues or public spaces.

Events are delivered by personnel including SSV Coordinators, contractors, State Sporting Organisations, Team Vic Officials and SSV staff (DET employees).

In addition, attendees at events, include students, teachers, parents/family members and interstate teams (for Team Vic).

SSV also has a presence on a range of social and communication platforms, to support the delivery of SSV's events.

This procedure applies to all SSV sanctioned school sport programmes, events, teams and competitions (SSV events), as well as SSV's online presence.

This procedure applies to all SSV sanctioned school sport programmes, events, teams and competitions (SSV events), as well as SSV's online environment.

Safety for students

All students should feel safe to speak to the adult or school teacher who accompanied them, or an SSV official or Team Vic official at an SSV event to raise any concerns about their safety or any other concerns they may have.

As part of SSV's committed to child safety, this document outlines that any incident at an SSV event that that gives rise to suspicion or disclosure of child abuse must be responded and reported via the SSV Four Critical Actions for Responding to Incidents, Disclosures and Suspicions of Child Abuse refer to (Appendix A).

SSV's approach to responding and reporting any child safety incident aligns with the Department of Education Child Safety Responding and Reporting Policy and Procedure, Four Critical Actions (which aligns with the Four Critical Actions for Schools).

The SSV CEO is responsible for monitoring SSV's overall compliance with this information.

Mandatory Reporting

Some supervisors are mandatory reporters under the Children, Youth and Families Act 2005 (Vic):

• Victorian Institute of Teaching (VIT) registered teachers, including principals school staff who have been granted permission to teach by the VIT
• registered medical practitioners and nurses
• registered psychologists
• all members of the police force
• people in religious ministry
• staff who provide direct support to students for mental, emotional or psychological wellbeing, including (but not limited to) school health and wellbeing staff, primary welfare coordinators, student wellbeing coordinators, mental health practitioners, chaplains, and Student Support Services staff.

All mandatory reporters must make a report to the Department of Families, Fairness and Housing (DFFH) Child Protection as soon as practicable if, during the course of carrying out their professional roles and responsibilities, they form a belief on reasonable grounds that:

• a child has suffered, or is likely to suffer, significant harm as a result of physical abuse and/or sexual abuse, and
• the child's parents have not protected, or are unlikely to protect, the child from harm of that type.

A mandatory reporter who fails to comply with this legal obligation may be committing a criminal offence.

It is important for any staff working at SSV or attending SSV events who are mandatory reporters understand they are legally obliged to make a mandatory report on each occasion they form a reasonable belief that a child is in need of protection.

A mandatory report must be made even if others do not share their belief a report is necessary.

Reportable Conduct Scheme

The Reportable Conduct Scheme has been designed to ensure that the Commission for Children and Young People becomes aware of every allegation of certain types of misconduct involving children by a person in a position directly engaged by an organisation covered by the Scheme. Relevant organisations are those that exercise care, supervision and authority over children. This includes the Department of Education and Training which conducts School Sport Victoria, member schools and sporting organisations. All supervisors must notify the SSV CEO where there is an allegation of reportable conduct as well as follow the reportable conduct scheme processes relevant to any other relevant organisation to which they are a part for example, a school or sporting organisation. There is an allegation of reportable conduct where a person has formed a reasonable belief that there has been:

• a sexual offence (even prior to criminal proceedings commencing), sexual misconduct or physical violence committed against, with or in the presence of a child;
• behaviour causing significant emotional or psychological harm to a child;
• significant neglect of a child; or
• misconduct involving any of the above.

Failure to disclose offence

Reporting child sexual abuse is a community-wide responsibility. All adults (ie: persons aged 18 years and over), not just professionals who work with children, have a legal obligation to report to Victoria Police, as soon as practicable, where they form a 'reasonable belief' that a sexual offence has been committed by an adult against a child under the age of 16 by another person aged 18 years or over.

Failure to disclose information to Victoria Police (by calling 000 or local police station) as soon as practicable may amount to a criminal offence unless a person has a 'reasonable excuse' or exemption from doing so.

"Reasonable belief" is not the same as having proof. A 'reasonable belief' is formed if a reasonable person in the same position would have formed the belief on the same grounds.

For example, a 'reasonable belief' might be formed when:

• a child states that they have been sexually abused
• a child states that they know someone who has been sexually abused (sometimes the child may be talking about themselves)
• someone who knows a child states that the child has been sexually abused
• professional observations of the child's behaviour or development leads a mandated professional to form a belief that the child has been sexually abused
• signs of sexual abuse leads to a belief that the child has been sexually abused.

"Reasonable excuse" is defined by law and includes:

• fear for the safety of any person including yourself or the potential victim (but not including the alleged perpetrator or an organisation)
• where the information has already been disclosed, for example, through a mandatory report to DFFH Child Protection.

Failure to protect offence

This reporting obligation applies to people in authority within a relevant organisation. A relevant organisation is one that exercises care, supervision or authority over children, whether as part of its primary function or otherwise. Relevant organisations include education and care services, schools, sporting groups, and out-of-home care services. A person in authority will depend on their ability to make management level decision, such as assigning or delivering and can include principals, assistant principals and campus principals.

This obligation will not apply to all people working for SSV or attending an SSV event. It is expected, however, that any supervisor supervising students attending an SSV event who becomes aware that another adult such as an employee, contractor, volunteer or visitor at that event poses a risk of sexual abuse to a child under the age of 16 under their care, authority or supervision, must take all reasonable steps to remove or reduce that risk.

Grooming

Grooming is a criminal offence under the Crimes Act 1958 (Vic). This offence targets predatory conduct undertaken by an adult to prepare a child, under the age of 16, to engage in sexual activity at a later time. Grooming can include communicating and/or attempting to befriend or establish a relationship or other emotional connection with the child or their parent/carer.

Process for reporting suspicions, disclosures or incidents of child abuse

Everyone at an SSV event is responsible for ensuring a culture of child safety and preventing child abuse.

The SSV CEO should be contacted regarding any incident involving a student at an SSV event.

Appendix A provides further details on the process for reporting an incident.

Managing disclosures made by students

When managing a disclosure you should:

• listen to the student and allow them to speak
• stay calm and use a neutral tone with no urgency and where possible use the child's language and vocabulary (you do not want to frighten the child or interrupt the child)
• be gentle, patient and non-judgmental throughout
• highlight to the student it was important for them to tell you about what has happened assure them that they are not to blame for what has occurred
• do not ask leading questions, for example gently ask, "What happened next?" rather than "Why?"
• be patient and allow the child to talk at their own pace and in their own words
• do not pressure the child into telling you more than they want to, they will be asked a lot of questions by other professionals and it is important not to force them to retell what has occurred multiple times
• reassure the child that you believe them and that disclosing the matter was important for them to do
• use verbal facilitators such as, "I see", restate the child's previous statement, and use non-suggestive words of encouragement, designed to keep the child talking in an open-ended way ("what happened next?")
• tell the child in age appropriate language you are required to report to the relevant authority to help stop the abuse, and explain the role of these authorities if appropriate (for a young child this may be as simple as saying "I will need to talk to people to work out what to do next to help you").

When managing a disclosure you should avoid:

• displaying expressions of panic or shock
• asking questions that are investigative and potentially invasive (this may make the child feel uncomfortable and may cause the child to withdraw)
• going over the information repeatedly (you are only gathering information to help you form a belief on reasonable grounds that you need to make a report to the relevant authority)
• making any comments that would lead the student to believe that what has happened is their fault
• making promises to the child about what will occur next or that things will be different given the process can be unpredictable and different for each child depending on their circumstances (instead reassure them that you and others will do your best to help).

Keeping Records

SSV records all allegations, disclosures or suspicions of abuse and safety concerns using the SSV Accident and Incident Policy and the SSV Accident and Incident reporting form, including investigation updates. All records are securely stored.

Upon advice from the SSV CEO, further documentation of the incident, disclosure and allegation of child abuse may be required using the following templates:

• Responding to suspected child abuse: template
• Responding to student sexual offending: template

Contact Details

The contact details for the relevant authorities are:

• DFFH Child Protection on 131 278
• Victoria Police on 000 or your local police station
• DE Incident Support and Operations Centre on 1800 126 126
• DE Employee Conduct Branch on 7022 0005
• Diocesan Education Office: Melbourne (03 9267 0228), Ballarat (03 5337 7135), Sale (03 5622 6600), Sandhurst (03 5443 2377)
• Independent Schools Victoria on 03 9825 7200

Further Information

• Report Child Abuse in Schools
• Mandatory Reporting
• Reportable Conduct Scheme

Implementation

1. This document reflects current practice
2. This document is available on the SSV website
3. All schools and all coordinators will be notified of any changes via the SSV website, Social Media and the SSV eNewsletter

Appendix A

School Sport Victoria Four Critical Actions - Responding to Incidents, Disclosures and Suspicions of Child Abuse

Taking Action

Everyone at an SSV event plays a critical role in protecting children. All adults at SSV events must:

• Act, by following the Four Critical Actions, as soon as you witness an incident, receive a disclosure or form a reasonable belief that a child has, or is at risk of being abused
• Act if you form a suspicion/reasonable belief, even if you are unsure and have not directly observed child abuse (e.g: if the victim or another person tells you about the abuse)
• Keep clear and comprehensive notes, even if you make a decision not to report.

* A reasonable belief is a deliberately low threshold. This enables authorities to investigate and take action.

Responsibility of School Sport Victoria (SSV)