New Child-Safe Standards in Victoria

On 1 January 2017, compulsory new child-safe standards came into force in Victoria.  They are designed to ensure that:

• the safety of children is promoted;
• child abuse is prevented; and
• allegations of child abuse are properly responded to.

 Who do the new Child-Safe Standards apply to?

As of 1 January 2017, the standards apply to: 

• Religious organisations
• Charities and other Not-for-Profit organisations
• Schools (and operators of associated residential facilities or boarding schools)
• Providers of any of the following specifically for children:
  • Coaching or tuition services
  • Counselling services or other support services
  • Cultural, sporting or recreational services
  • Gym or play facilities
  • Photography services
  • Transport services on a publicly funded or commercial basis
  • Entertainment and party services
• Talent or beauty competitions in which children participate
• Youth organisations
• Providers of overnight camps for children
• Providers of professional babysitting services
• Providers of transport services
• Disability service providers
• Employers of children (that are required to hold a permit issued under the Child Employment Act 2003 for that employment)
• Some tertiary education providers

The standards came into force for other organisations on 1 January 2016 (including most schools, hospitals, some disability service providers and other organisations which receive government funding).

What are the new Child-Safe standards?

To create and maintain a child safe organisation, the organisations and people listed above must have:

Standard 1: Strategies to embed an organisational culture of child safety, including through effective leadership arrangements

Standard 2: A child safe policy or statement of commitment to child safety

Standard 3: A code of conduct that establishes clear expectations for appropriate behaviour with children

Standard 4: Screening, supervision, training and other human resources practices that reduce the risk of child abuse by new and existing personnel

Standard 5: Processes for responding to and reporting suspected child abuse

Standard 6: Strategies to identify and reduce or remove risks of child abuse

Standard 7: Strategies to promote the participation and empowerment of children.

The following principles are included as part of each standard:

• Promoting the cultural safety of Aboriginal children.
• Promoting the cultural safety of children from culturally and/or linguistically diverse backgrounds.
• Promoting the safety of children with a disability.

The standards have been introduced under the Child Wellbeing and Safety Act 2005 (Vic), and are part of the Victorian Government’s response to the Betrayal of Trust Inquiry (the 2013 Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Non-Government Organisations).

What does an organisation need to do?

If your organisation is listed as one that would be affected by this new requirement, your organisation or business should:

1. Review its policies and procedures to check that they comply with the standards.

This means checking that there are no “gaps”.  Often, organisations will have a child safe policy and procedures, but they will not cover all of the matters that they need to cover adequately.

2. Ensure that staff, volunteers and people in leadership are familiar with the policies and procedures, that they are being followed in practice, and that training is conducted regularly.

Consider whether child safety is part of the culture of your organisation, and how you can improve it.  It should start with people in leadership and management.

We are able to help you understand your obligations, review and update your policies and procedures, and conduct staff training.

If you need help with this, please contact Elizabeth Shalders (Senior Associate, Head of Not-for-Profit Law) or Adam Foster (Associate, Business Law Practice Group) or call (03) 9629 9629.