This document is an internal policy of YAPA. Use it to help develop your own agency's internal policies. You will have to make changes to suit your own context and any legal requirements which apply to you.
Policy
Under the Children and Young Persons (Care and Protection) Act 1998, certain groups of people are required by law to report to DoCS if they suspect (using their professional judgement and training), on reasonable grounds, that a child is at risk of harm.
This is a legal obligation, which carries a legal penalty for failure to comply. A report to DoCS is not a breach of privacy laws or the YAPA privacy policy.
A mandatory reporter is any person who delivers services such as welfare services or education services to children or young people.
All YAPA job descriptions will indicate if the position is a mandatory reporter position. This information will also be included in the letter of employment offer.
Those holding a management position, either paid or voluntary, in YAPA whose duties include direct responsibility for, or direct supervision of, the provision of services are also mandatory reporters. Board members are mandatory reporters.
Non-mandatory reporters, adminstration staff, students and volunteers must report any concerns to the Executive Officer, or if the Executive Officer is not available to another YAPA employee who is a mandatory reporter. The mandatory reporter will then be responsible for making a report to DoCS, if appropriate.
Mandatory reporting only applies to children, as defined in the Act as those aged under 16 years of age.
The mandatory reporting obligation does not arise in relation to young people, as defined in the Act as those aged 16 and 17 years.
Staff can make a voluntary report about a young person who they believe is at risk of harm, however the young person should be involved in the decision to report, unless there are good reasons for excluding them. If a young person does not wish for a report being made, staff can still make a report but must tell DoCS about the young person's wishes. DoCS are obliged to consider these wishes when deciding how to respond to the report.
Young people involved in YAPA through events, research or consultation processes will be told in advance that a disclose from them may result in a report to DOCS.
YAPA mandatory reporters (YAPA Board members and staff whose position description indicates that they are mandatory reporters) must make a report to DoCS if they have current concerns about the safety, welfare and wellbeing of a child for any of the following reasons. They may choose to make a report to DoCS about a young person for any of the following reasons.
- the child or young person's basic physical needs are not being met or are at risk of not being met or
- the child or young person's basic psychological needs are not being met or are at risk of not being met or
- the child or young person requires health care and their parents have failed to arrange for necessary health care and are unable or unwilling to or
- the child or young person has been physically abused or ill treated or is at risk of being abused or ill treated or
- the child or young person has been sexually abused or ill-treated or is at risk of being abused or ill-treated or
- the child or young person lives in a household where there is domestic violence and as a consequence, they are at risk of suffering physical harm or serious psychological harm or
- the child or young person's parents/caregivers behave in such a way towards them that they have suffered serious psychological harm
- the child or young person is homeless and you are providing accommodation for the child or young person
You may get this information, for example:
- when a child or young person tells you something
- when an employee, volunteer or student tells you something
- when DoCS, police, or the Ombudsman tell you something
- when someone else tells you something
- when you observe something.
This policy applies to all information relevant to child protection, including:
- disclosures, incidents, allegations, complaints and other information which relate to child protection or a child's, young person's or adult's safety, welfare or wellbeing
- information about incidents which may have already occurred and information which suggests the possibility of a future incident
- in some cases, information relating to an adult victim (which may indicate a possible risk to others including children).
Staff should refer to the DoCS Report Checklist when making a report. The contact phone number is 13 DoCS (13 3627). Staff should follow advice from DoCS including advice about any necessary steps to avoid jeopardising any investigation or prosecution.
In working with children and young people, YAPA staff should clearly communicate their obligation to limited confidentiality. Limited confidentiality means that there are some legal requirements, such as mandatory reporting, which override a child or young person's rights to confidentiality. For example, staff should not make a promise to "keep a secret" before a child or young person discloses information.
Staff should be aware that their role with children & young people does not involve counselling or case work. Where a child or young person requires counselling services the staff member will work to connect them with a suitably trained and qualified professional.
Staff should be aware that if a child or young person discloses information which indicates that they may be at risk of harm, that the staff member's role is to provide support, not to investigate the claim.
In all cases where a report is made to DoCS, excluding cases where allegations are made about the Executive Officer, the Executive Officer is to be informed that a report has been made. Mandatory reporting staff do not need permission from the Executive Officer to make a report.
The Executive Officer will ensure that the staff member receives appropriate support and debriefing, including access to professional counselling services if required.
The Executive Officer and Board of Management are to be immediately informed about any allegation made against a YAPA staff member. This may result in a temporary suspension of duties for the staff member, in disciplinary action or instant dismissal.
If an allegation is made against a Board of Management member then the remaining Board members and the Executive Officer are to be immediately informed. This may result in a suspension of Board duties or the revoking of YAPA membership resulting in a termination of the Board appointment.
If a concern exists about the Executive Officer then the Chairing Panel of the Board of Management must be immediately informed. The Chairing Panel will take steps to inform all Board members of the allegation. This may result in a temporary suspension of duties for the Executive Officer, in disciplinary action or instant dismissal in accordance with relevant laws and policies.
The person who made the report will ensure that the privacy and reputation of the child or young person and the alleged perpetrator is respected by not discussing details of the case with other staff members or others who were not directly involved with making the report. Staff may discuss the case and seek support within the boundaries of supervision or professional counselling services.
If a report is made against a staff member, YAPA may decide to make a temporary change to employment/ volunteering arrangements. YAPA will attempt to balance
- the ongoing safety of children and young people
- the needs of any investigations and proceedings (DoCS, police or internal)
- the need to maintain privacy
- the need to not unfairly damage the reputation of the staff member
- (for paid staff) the need to comply with employment laws, Awards and agreements,
taking into account the seriousness of the allegations and the weight of evidence for and against the allegation.
In serious situations YAPA may remove the staff member from any contact with young people if the case justifies it.
If the staff member denies the allegation, YAPA will negotiate with them to:
- perform other duties at another location
- take any leave owing
- be suspended on full pay.
Their absence from normal duties will be explained to other staff and young people without revealing that they are alleged to have behaved improperly.
If the staff member admits the allegation, or the police charge the staff member, YAPA will suspend them without pay until after the court case or internal proceedings are complete.
The staff member on leave or suspended should only communicate with the person handling the allegation, not other staff or Board members. The staff member will be informed of options for support including their union and counselling.
YAPA is obliged under the NSW Child Protection Legislation Amendment Act 2003 t o report to the Commission for Children & Young People, any relevant employment proceedings where the enquiries found:
- reportable conduct; or
- an act of violence; or
- some evidence that reportable conduct or an act of violence occurred however the finding is inconclusive; and the YAPA representative who undertook the employment proceeding thinks that the conduct should be considered in future risk assessments.
