Child Safety Policy

What is a Child Safety Policy?

A Child Safety Policy can be used by a business, company or other organisation to set out its policies for protecting children who use its services and/or participate in events and activities organised by it. The document is for use by organisations/businesses operating in Australia.

Is it mandatory to have a Child Safety Policy?

While it is not mandatory for all organisations in Australia to have a written Child Safety Policy, any organisation in Australia that works with children should have one.

The rules vary between the different states and territories of Australia. There is a set of national guidelines called the National Principles for Child Safe Organisations which is not binding, but organisations are encouraged to adopt these principles to ensure they are providing a safe environment for children. In addition, many state and territory governments have implemented laws that reflect the National Principles, and those state/territory laws are binding.

Under the National Principles (and many state/territory laws), organisations that work with children are required to have policies and procedures which document how the organisation is safe for children and young people. Therefore, having a written Child Safety Policy is a key part of ensuring compliance with these rules.

 

What are the National Principles for Child Safe Organisations?

The National Principles for Child Safe Organisations are a set of guiding principles that oganisations in Australia are encouraged to adopt when they work with children. The National Principles are not mandatory, and are not binding, but organisations are encouraged to adopt them in order to become leaders in their field.

In addition, some state and territory governments have adopted laws that reflect the National Principles. Those state and territory laws are binding.

The National Principles require that:

1. Child safety and wellbeing is embedded in organisational leadership, governance and culture.

2. Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously.

3. Families and communities are informed and involved in promoting child safety and wellbeing.

4. Equity is upheld and diverse needs respected in policy and practice.

5. People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.

6. Processes to respond to complaints and concerns are child focused.

7. Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.

8. Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.

9. Implementation of the national child safe principles is regularly reviewed and improved.

10. Policies and procedures document how the Organisation is safe for children and young people.

What has to be done once a Child Safety Policy is ready?

Once the policy is ready, it should be approved by the organisation's management or board. Then it is up to the duty of the organisation to ensure that all aims, responsibilities and arrangements contained within this policy are carried out. A Child Safety Policy is a starting point but there may be additional steps for the organisation to take in dealing with child safety, including conducting risk assessments, training, reviews and consultations with workers. Safe Work Australia and the Australian Institute of Family Studies provide further information.

This policy should be brought to the attention of, and made readily available to workers at the organisation, such as employees, contractors or volunteers as well as any relevant children, young people and their families that are interacting with the organisation. Many organisations choose to publish the policy on the organisation's website and send employees a Letter to Employees About New or Updated Workplace Policies. It is also common to display workplace policies in an easily accessible public area so that any persons who may be connected with the business in any way can easily see the commitment the business has made to upholding standards of child safety.

Many organisations also get their workers to sign the policy, to acknowledge having read and understood it. If the organisation is having workers sign copies of it, then the organisation may keep signed copies on file.

In some jurisdictions it is necessary to submit a copy of the policy to the relevant authority. For example, in South Australia, organisations providing services to children and young people are required to lodge a Child Safe Environments compliance statement (which includes a child safe environments policy) with the Department of Human Services.

Is it necessary to register the Child Safety Policy?

In some jurisdictions it is necessary to submit a copy of the policy to the relevant authority. For example, in South Australia, organisations providing services to children and young people are required to lodge a Child Safe Environments compliance statement (which includes a child safe environments policy) with the Department of Human Services.

What must a Child Safety Policy contain?

A Child Safety Policy should reflect the organisation's approach to child safety and should include a range of information including:

• Name of the organisation.
• Name of the policy.
• Purpose of the policy.
• Scope, including who the policy applies to and what sorts of activities it applies to.
• An overview of who is responsible for various aspects of child safety.
• Information about how the organisation complies with each of the 10 National Principles for Child Safe Organisations.
• Child Safe Code of Conduct.
• Procedures for receiving and responding to complaints.
• Information about who in the organisation approved the policy and when it came into effect.
• Information about who in the organisation people can go to for more information or assistance.

Which laws are applicable to a Child Safety Policy?

There are many different legal frameworks which are in place to safeguard children in Australia. Some of the key legal frameworks are discussed below.

The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty which Australia has ratified. The UNCRC sets out the fundamental rights of children. Many articles within the treaty will be applicable to any organisation which works with or provides services for children. For example, the treaty sets out the right of children to be protected from exploitation, abuse and cruel treatment.

The National Principles for Child Safe Organisations was released by the Australian Human Rights Commission in early 2019. The National Principles are not mandatory, but organisations are encouraged to adopt them in order to become leaders in their field.

The Family Law Act 1975 (Commonwealth) deals with many aspects of child safety in the family context, although family law matters can often be related to child protection matters.

Child protection is generally addressed under state or territory law, including:

- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Children Youth and Families Act 2005 (VIC)
- Child Wellbeing and Safety Act 2005 (VIC)
- Child Protection Act 1999 (QLD)
- Children and Community Services Act 2004 (WA)
- Family Court Act 1997 (WA)
- Education and Care Services National Law (WA) Act 2012
- Children and Young People (Safety) Act 2017 (SA)
- Child Safety (Prohibited Persons) Act 2016 (SA)
- Children, Young Persons and Their Families Act 1997 (TAS)
- Children and Young People Act 2008 (ACT)
- Care and Protection of Children Act 2007 (NT)

General principles of contract law, as provided by the common law, may also apply.

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