Safe Environment Policy – Model Framework for Local Government in SA

LOCAL GOVERNMENT IN SOUTH AUSTRALIA

Protecting children and other vulnerable from harm

MODEL SAFE ENVIRONMENT POLICY + PROCEDURE CHECKLIST

This document is an updated version of the Safe Environment Policy Models + Checklist releasedby LGA in 2005. It has been updated to take account of amendments to the Children’s Protection Act 1993 (SA) which came into effect on 1 January 2007, and new arrangements for certain aged care services funded by the Australian Government Department of Health and Ageing.

PART ONE – BACKGROUND AND CONTEXT Page

1.INTRODUCTION1

2.THE SAFE ENVIRONMENT PROJECT1

3.CHILDREN’S PROTECTION ACT 1993 (SA)1 3.1 Child Safe Environment Policies and Procedures 3

3.2Mandatory Reporting3

3.3Criminal History Screening3

4.DEPARTMENT OF HEALTH AND AGEING (CWTH)4

5.MODEL SAFE ENVIRONMENT FRAMEWORK5

5.1Risk Management Review5

6.SAFE ENVIRONMENTCHECKLIST6

PART TWO – RESOURCES AND CONTACTS

Attachment 1:Model Safe Environment Policy12

Attachment 2:References and Contacts17

Attachment 3:Roles and Responsibilities - Examples18

Attachment 4:Managing the Risks of Abuse20

Attachment 5: Dealing with Criminal History Information21

Attachment 6:Child Safe Mandatory Reporting Training Options22

Members of a Local Government Safe Environment Focus Group have contributed to the development of this document. The contribution of those practitioners has been invaluable, and sincere thanks goes to all those who have participated.

Date Released – November 2007

1.INTRODUCTION

The abuse issues raised in recent years in various organisations has very publicly revealed the need for all organisations to be vigilant about creating a safe environment and minimising the risk of harm to children and other vulnerable people in their care.

By demonstrating leadership and ensuring effective policies and procedures are in place, Councils will have a level of confidence that they are taking all steps necessary to provide a safe environment for children and other vulnerable people for whom they have a duty of care responsibility. In addition to children, other vulnerable people could potentially include:

  • young people (over 18 years of age)
  • people with a disability (physical, intellectual or a mental illness)
  • the frail aged
  • people who experience disadvantage, for example, Aboriginal Australians and new arrived immigrants or refugees.

At first glance, Local Government may not seem a high-risk area for exposure of children and other vulnerable people to a risk of exploitation or abuse. However, increasingly Councils are providing child care services, school holiday programs for children, social and recreational programs foryoung people, and social and community care options for frail, aged people and people with a disability.

2.SAFE ENVIRONMENT PROJECT

The Safe Environment Project was initiated to supportCouncilsin assessing existing policies and good practice approaches aimed at ensuringchildren and other vulnerable people are protected from harm.

At the outset it is acknowledged that the approach to policy development and good practice approaches will vary from Council to Council. Accordingly, this resource is not intended to be a “one size fits all” template, but rather it is presented as a series of prompts and ideas for Councils to consider as they reflect on current practices and the need to review existing policies, procedures and practices.

In some cases, amendments to existing policies and procedures may be all that is required. In other cases, it may be an opportunity to develop additional policies and good practice approaches.

3.CHILDREN’S PROTECTION ACT 1993 (SA)

Amendments to the Children’s Protection Act 1993(SA) wereproclaimed on 31 December 2006.

The amendments arose from A State Government reform program responding to the Layton Child Protection Review, tabled in Parliament on 26 March 2003.The reform program – Keeping Them Safe: the South Australian Government’s Child Protection Reform Program acknowledged the need for a whole of community approach and resulted in amendments through the Children’s Protection (Miscellaneous) Amendment Act 2005(the Act).

The key principle which underpins the Act is that all children should have a right to feel safe and be safe at all times.

The amendmentsset out responsibilities for government and non-government organisations (encompassing Local Government Councils) including sporting clubs, churches and religious groups, and volunteer organisations. In summary, the amendments widen the safety net to protect children by:

  • requiring government and non-government organisations to develop policies and procedures which reflect SA Department for Families and Communities (DFC) principles and Standards to ensure child safe environments;
  • requiring criminal history police checks for those working with children in prescribed positions; and
  • extending mandatory reporting obligations to employees and volunteers in religious organisations and organisations that provide sporting or recreational serviceswhere there is a suspicion of child abuse .

Section 8 C (3) of the Act provides:

(3) this section applies to an organisation that –

(a)provides health, welfare, education, sporting or recreational, religious or spiritual, child care or residential services whooly or partly for children: and

(b)is a government department, agency or instrumentality or a local government or non-government organisation.”

The Chief Executive Officer of DFC has carriage of the administration of the Act, including the functions of:

  • developing codes of conduct and principles of good practice for working with children;
  • providing guidance on the recruitment and supervision of staff in government and non-government organisations who may have contact with children in the course of their employment;
  • developing and issue of standards in relation to criminal history screening; and
  • monitoring progress towards child safe environments in the government and non-government sector and to report regularly to the Minister on the subject.

More information about the reform program and legislative amendments can be accessed via of the legislative amendments described in this section is to occur as soon as practicable after proclamation (31 December 2006) and before 31 December 2007

DFC Guidelines were not releasedby the Chief ExecutiveDFC until late October 2007. Accordingly, the Chief Executive DFC acceptsthis delay in providing guidelines has impeded implementation by31 December 2007. However, it is expected that as of 31 December 2007, Councils will have taken steps to progress the development of policies and procedures for implementation as soon as practicable. Accordingly, the model policy framework and procedure checklist in this document has been prepared and issued as drafts to enable Councils to progress down this path, and the final document will be updated when DFC endorsed documents become available.

The mandatory reporting requirement will not be new for some Councils, for example where the requirement arises with respect to industry standards, funding criteria, mandatory reporting requirements which were in place prior to the amendments, Office for Youth funded programs, aged care accommodation, and the delivery of home and community care services.

A summary of the relevant amendments to the Children’s Protection Act 1993 (SA) follows.

3.1Child Safe Environment Policy and Procedures

Section 8C(1) of the Act requiresCouncils to establish policies and procedures for ensuring that:

  • child safe environments are established and maintained within the organisation; and
  • appropriate reports of abuse or neglect are made (under Part 4 of the Act).

The policies and procedures must reflect DFC standards, but may vary according to the size, nature and resources of the organisation.

3.2Mandatory Reporting

Prior to the amendments, mandatory reporting was required by

  • health professionals and those working specifically with children, namely a medical practitioner, registered or enrolled nurse, dentist, pharmacist, psychologist, police officer, community corrections officer, social worker, teacher, approved family day care provider; and
  • any person who is an employee of, or volunteer in a government department, agency or instrumentality, or a local government or non-government organisation that provides health, welfare, education, child care or residential services wholly or partly for children.

S11(2) amendments extend mandatory reporting requirement to

  • a priest or other minister of religion (excluding the confessional)
  • a person who is an employee of or volunteer in, an organisation formed for religious or spiritual purposes, and
  • a person employed by, or volunteering in, organisations that provide sporting or recreational services wholly or partly for children.

It is the last dot point that is particularly relevant as it captures a range of programs and/or services provided to children by Councils.

3.3 Criminal History Screening

Section 8B requires criminal history screening to be undertaken in non-government organisations prescribed by regulation (whether an employee, volunteer, agent, contractor or subcontractor)

  • of people (over 18 years of age[1]) occupying or acting in a prescribed position
  • before a person is appointed to, or engaged to act in a prescribed position
  • at any time as the organisation thinks necessary or desirable for the purpose of establishing or maintaining child safe environments.

Note: At the current time, regulations only prescribe this requirement for non-government schools. That is, there is no regulation requiring local government (Councils) to undertake police checks. However, DFC Child Safe Environment Standards referred to in 3.1 aboveinclude criminal history screening for those in prescribed positions as an indicator of compliance. The implementation of these standards will also ensure the fair and reasonable management of criminal history information and support the privacy of individuals as far as reasonably practicable.

If criminal history screeningis undertaken the information obtained must be dealt with in accordance with DFC standards.The application of these standards will ensure the fair and reasonable management of criminal history information and support the privacy of individuals to the extent possible. The relevant DFC standards are included as Attachment 5.

A prescribed position is a position that requires or involves prescribed functions which involve any of the following:

  • Regular contact with children or working in close proximity to children on a regular basis
  • Supervision or management of persons in positions requiring or involving regular contact with children or working in close proximity to children on a regular basis
  • Access to records relating to children
  • Functions of a type prescribed by regulation (none as at September 2007)

The Children’s Protection Act 1993 does not include definitions of regular contact, close proximity, or regular basis.

As a result DFC suggest that the terms must be given their ordinary everyday common sense meanings and that ultimately it will be up to the courts to decide what the terms mean in the context of the Act. Generally speaking the term regular contact implies contact that has a constant or definite pattern, or which recurs at short uniform intervals or on several occasions during short periods of time such as a week.[2]

Councils will need to consider this guidance in identifying prescribed positions, and if necessary contact DFC or their own legal advisors for advice.

It is also to be noted that most people do not have a criminal history, and that criminal history checks are recognised by DFC as only part of a comprehensive screening process which also involves interviews, referee checks, and other background checks to assess suitability for working with children.

4.AUSTRALIAN GOVERNMENTDEPARTMENT OF HEALTH AND AGEING

New arrangements were announced by the Department of Health and Ageing for criminal history (police) checks for certain staff and volunteers working in the area of aged care which came into effect on 1 March 2007. These requirements apply to Australian Government subsidised aged care services, namely Community Aged Care Packages (CACP) Extended Aged Care at Home (EACH) Packages, and EACH-Dementia.

Approved providers providing services under the Aged Care Act 1997 (Cth) were contacted directly about these new requirements. Further information can be obtained via or by contacting the Department’s Aged Care Information Line on free call 1800 500 853.

At the present time, criminal history checks for staff and volunteers working in Home and Community Care (HACC) funded programs are not mandatory unless the staff or volunteer is working with children and young people up to 18 years of age (as required by the Children’s Protection Act 1993 (SA)). However, criminal history screening in these circumstances is considered to be good practice, and it is likely to become a mandatory requirement in the future for all those working in the aged care area.

5.MODEL SAFE ENVIRONMENT FRAMEWORK

A Model Safe Environment Checklist follows in section 6. The aim of this Checklist is to support Councils to develop policies and procedures to foster a safe environment and comply with the requirements of the Children’s Protection Act 1993 (SA). With respect to these requirements, Councils’ attention is drawn to the following key issues.

  • Councils may have some or all of the requirements written into existing policies, procedures and codes of conduct. The legislation does not require a re-write or reproduction of policies, but rather that the policy framework in place reflects the DFC standards.
  • The draft DFC standards as referred to previously are set out in the Checklist. Councils are not required to take these as written, but rather policies and procedures must reflect the standards and principles of good practice developed by DFC. This may vary according to the size, nature and resources of each organisation.
  • Councils will need to consider structures for providing support to mandated notifiers and how they will manage records relating to the child abuse mandatory reporting. Whilst the duty under Section 11 lies with the individual and not the organisation, Councils also have a duty of care to both the child and employee and a requirement to observe confidentiality and privacy principles. (Refer the Checklist : “Establish a procedure for dealing with enquiries and to support staff with mandatory notification obligations”)
  • Councils may wish to consider nominating a Safe Environment Contact Officer as an advisor to staff and volunteers, and a contact person for children, carers and parents in relation to safe environment issues.
  • The Chief Executiveof DFC is responsible for monitoring progress towards child safe environments and reporting to the Minister on that subject. Organisations that do not meet the legislative obligations may face a fine of up to $10,000.

5.1Risk Management Review

The LGA Mutual Liability Scheme undertakes an annual Risk Management Review. The Review covers most areas of Council operations and specifically targets areas that have a high level of civil liability exposures or areas that require a formal risk management approach to prevent potential civil liability claims. The Review has financial implications for Councils, as Risk Management is a component of the Scheme’s bonus allocation process.

As part of the Safe Environment Project, it is proposed that as of the next annual Review, a check list of questions covering the development and implementation of a Safe Environment policy be included and that progress within the sector be assessed..

It is also to be noted that indicators for measuring a safe environment organisation are included on page 10 of the DFC Guidelines.

1

Prepared for LGA of SA by Margaret Heylen Consulting– November 2007

Safe Environment Policy – Model Framework for Local Government in SA

6.SAFE ENVIRONMENT CHECKLIST

The checklist below reflects the standards and principles of good practice developed by DFC. The checklist is based on a risk management approach which aims to promote the wellbeing of children, young people and other vulnerable people in contact with the organisation, and protect them from harm. DFC Guidelines recognise that risk management strategies will vary in scope and detail depending on the complexity and size of the organisation, the type of activities or services provided, and the age and maturity of the children and young people involved.

√ / SAFE ENVIRONMENT – CHECKLIST / ISSUES TO CONSIDER AND DFC GUIDELINES: INDICATORS OF COMPLIANCE
Determine the policy review approach
  • What approach to policy review will be adopted?
/ Options include:
  • Allocate individual responsibility; or
  • Convene a Reference Group. Representation could include Council Member/s, relevant staff, volunteer co-ordinator/representative, and program participant/s. This approach will foster greater understanding of the policy principles.

Developing and Implementing a Risk Management Strategy
Work through the steps in the Procedure Checklist to
  • review existing child protection policies
  • develop strategies to minimise and prevent risk of harm to children, young people, and other vulnerable people
  • ensuring protective work practices are in place to guide those providing services to children and other vulnerable people.
Refer:
  • PART 2Attachment 4:Managing the Risk of Abuse
  • DFC Guidelines pages 11-13, and
/ DFC Guidelines: Indicators of Compliance as follows
  • Safety review identifies Council’s strengths and weaknesses relating to the safety and protection of children and vulnerable people
  • Key services provided to children are identified and the risks posed to children are assessed.
  • For example, personnel, physical environment, activities, training, organisational culture and/or practices.
  • Risks are minimised in high-risk situations.
  • These risks may be referred to in the Code of Conduct, which may also explicitly outline situations best avoided or how to minimise risks.
  • The Risk Management Strategy is regularly reviewed.

Develop a Safe Environment Policy
(Refer Model Safe Environment Policy at Attachment 1)
  • Scan existing documents to identify relevance to ensuring a safe environment, for example:
  • Safe Environment Policy
  • Council Member and Staff Codes of Conduct.
  • Equal Opportunity Policies - provision of goods and services and sexual harassment, bullying and intimidation
  • Customer Service Standards
  • Determine if a separate/new policy is required or whether existing policies could be reviewed and updated
  • Define roles and responsibilities – Refer PART 2, Attachment 3: Roles and Responsibilities – Examples
/ DFC Guidelines: Indicators of Compliance require the policy to:
  • indicate Council’s commitment to a child safe organisation
  • be clear and easy to understand, identify legislative requirements
  • be endorsed by Council
  • specify responsibilities and have supporting procedures and standards
  • be communicated to relevant audiences.
  • Encourages employees and volunteers to sign a statement acknowledging awareness and responsibilities which is kept on the personnel file.
  • Ensure parents, caregivers and children (where appropriate) are made aware of the policy and are able to access a copy.
  • Be current and ensure that it is reviewed and evaluated on a regular basis.