Mandatory Reporting
Presentation to ACU Preservice teachers
Presenter: Glennis Pitches
AEU Principal Class Officer
Teachers
Sometimes you do not feel very powerful but …
The role of the teacher
I have come to the frightening conclusion that I
am the decisive element in the classroom. It's my
personal approach that creates the climate. It's
my daily mood that makes the weather. As a
teacher, I possess tremendous power to make a
child's life miserable or joyous. I can be a tool of
torture or an instrument of inspiration. I can
humiliate or humor, hurt or heal. In all situations,
it is my response that decides whether a crisis will
be escalated or de-escalated, and a child
humanized or de-humanized.
Hiam Ginott
Scenario
On Monday morning, Michael appears at school with raised
welts across the back of his legs.
When questioned, he says that on Saturday he used his
father’s work computer without permission.
His father became angry and hit him with a belt.
Michael says that, by the end of the weekend everything
was ok between him and his Dad.
What issues does this raise for you?
What influences your view?
More than what you bring to the classroom
The legislative context
The Legislative Context
Children Youth and Families Act 2005 (CYFA 2005)
• Passed in 2005
• Came into operation 23 April 2007
• Governs the provision of Child Protection, Family Services, Out
of Home Care, Youth Justice and a specialist Children’s Court
• Enables and guides the operation of Child FIRST
Focus of Legislation and Reforms
• Promotion of Children's Best Interests
– safety, stability and development
• The ‘Best Interests’ of the child are paramount –
– these principles guide all decision making
• Earlier intervention –
– support for vulnerable families via referral to Child FIRST
• Reducing abuse and neglect –
– increased emphasis on preventing cumulative harm (S 162 CYFA (2005))
• Improved quality of care
– for children and young people in out of home care and leaving care
Definition of a Child:-CYFA 2005
• Under the Act, a child is defined as under the age of 17
years
• If a Child Protection Order is in place, the definition of a
child includes those under the age of 18 years
• Reports can also be received about unborn children.
Legal Definition:-
A Child in Need of Protection
Section 162 of the CYFA 2005:
• Parents have abandoned a child and cannot be found.
• Parents are dead or incapacitated and there is no one else to look
after that child.
• Child has suffered or is likely to suffer significant harm as a result of
physical injury, sexual abuse or emotional or psychological harm and
parents have not or are unlikely to protect the child from such harm.
• Child’s physical development or health has been harmed and parents
have not or are unlikely to provide for or allow the provision of
appropriate care.
Definitions of Abuse and Neglect
Physical Abuse – any non accidental injury to a child by a parent or caregiver.
May take the form of bruises, cuts, welts, burns or fractures, internal injuries,
shaking injuries in young infants.
Sexual Abuse –when an adult or someone older/bigger than the child uses
power or authority over the child to involve the child in sexual activity with
or without physical force.
Examples:- fondling of the genitals; masturbation; oral, vaginal or digital
penetration by a finger, penis or other object; exposure to pornography,
internet grooming behaviours.
Emotional Abuse – when a child is repeatedly rejected or frightened by
threats; name calling; exposure to significant or sustained family violence;
being put down or continual coldness.
Refer to the Protocol Appendix 2:Definitions of Child Abuse and Indicators of Harm
Definitions of Abuse and Neglect –
Continued
Neglect – the failure to provide the child with the basic necessities of life,
such as adequate food, clothing, shelter, health care and supervision.
Family violence: Violence (either actual or threatened) that occurs within
a family, includes physical, verbal, emotional, psychological, sexual,
financial and social abuse. Family violence is a criminal offence and can
be liable to prosecution.
Other matters that should be reported to Child Protection:
– Risk-taking behaviour
– Female genital mutilation
– Child/young person exhibiting sexually abusive behaviours
Refer to the Protocol Appendix 2:Definitions of Child Abuse and Indicators of Harm
Possible indicators of physical abuse
Physical
Bruises, welts
Burns
Fractures
Cuts
Hair missing
Multiple injuries
Behavioural
• Disclosure
• Inability to explain cause of
injury or unlikely explanation
• Wearing clothes unsuitable for
weather conditions
• Little or no fear when under
threat
• Passive, compliant
• Poor memory or concentration
• Sadness
• Excessively with strangers
Possible indicators of sexual abuse
Physical
• Injuries
• STDs
• Pregnancy
• Anxiety related illness such
as anorexia or bulimia
• Lack of care with
appearance
Behaviours
• Disclosure
• Age-inappropriate sexual
activity
• Poor or deteriorating
relationships with adults or
peers
• Reluctance to participate in
physical or recreational
activities
• Depression
• Self harm
Possible indicators of emotional abuse
Physical
• Speech disorders
• Delays in physical
development
• Failure to thrive (without an
organic cause)
Behaviours
• Overly compliant behaviour
• Extremely demanding and
attention seeking behaviour
• Poor self image
• Unexplained mood swings
• Behaviours that are not age
appropriate
• Fear of failure, overly high
standards
• Violent drawings or writing
Role of Child Protection
Child Protection has the responsibility to:
 receive reports from people who believe on reasonable
grounds that a child is in need of protection
 provide consultation and advice to people making reports
 investigate matters where it is believed that a child is at risk of
significant harm
 refer children and families to services that assist in providing
the ongoing safety and wellbeing of children
 take matters to the Children’s Court if the child’s safety cannot
be guaranteed
 supervise children on orders granted by the Children’s Court.
See the Protocol Section 3.1 Role of Child Protection
Role of Child FIRST
Child and Family Information, Referral and Support
Team (Child FIRST)
The entry point into Integrated Family Services across the state
 Undertakes initial needs and risk identification and
assessment
 Supported by Community Based Child Protection Worker
When would I refer to Child FIRST rather than Child
Protection
•
•
•
Where there is significant concern for a child’s wellbeing
When concerns have low to moderate impact on the child
The child’s immediate safety is not compromised.
Provide the same information as for a Mandatory Report
Statistics-
Victorian child protection activities
2006/7
2007/8
2008/9
Reports
38,675
41,607
42,851
Investigations
11,303
11,167
11,217
Substantiations
6,828
6,365
6,344
Statistics – Victorian Child Protection
0 – 16 years
1,143,246 Estimated population (Dec 2008)
0 – 16 Years
33,640 Reported to Child Protection in 2008 – 09
0-16 years
6,129 Substantiated - In need of protection
0 – 17 Years
6,100 On Child Protection Orders: 30 June 2009
0 – 17 Years
5,283 In Out-of-home care: 30 June 2009
Protecting Children Is Everyone’s
Business
• Society as a whole shares a responsibility for protecting
the safety and well-being of children.
• Any member of the community can make a report to
Child Protection or a referral to Child FIRST if they have
significant concern for the well-being of a child.
• In addition, some members of the community
(including teachers) are mandated to report to Child
Protection
Mandatory Reporting
No change from previous legislation:
• Doctors, Nurses, Teachers and Police must continue to report to Child
Protection when they form a belief based on reasonable grounds that
a child has suffered or is likely to suffer significant harm resulting from
physical injury or sexual abuse and parents have not or are unlikely to
protect child from harm of this type
• Education staff also are able to report where they have significant
concerns for emotional abuse or neglect
• Reports made in the course of carrying out your profession and made
in good faith are confidential and do not constitute a breach of
professional ethics or a contravention of relevant privacy laws nor can
they be the subject of legal or civil action
Secondary and Primary School Nurses are mandated and must also report
Why are professionals mandated to report
• It is likely that a significant number of school students will suffer
harm from abuse or neglect during their time within the
education system
• Physical and sexual abuse can cause long lasting effects. Harm is
minimized when intervention takes place as early as possible
• Physical and sexual abuse of children are criminal offences
• Teachers and other school professionals are ideally placed to
recognise abnormal or changed behavior and are likely to be
first to identify signs of abuse.
Non-mandated school staff
• Section 183 of the CYFA 2005 states that any person who
believes on reasonable grounds that a child is in need of
protection may report their concerns to Child Protection.
• This means that any person should make a report to Child
Protection when they believe that a child or young person
is at risk of harm and in need of protection, and the child’s
parents are unable or unwilling to protect the child.
• If non-mandated staff have concerns that a student may be
at risk of harm they should inform the principal
immediately
Refer to the Protocol Section 4.2: Protecting the safety of children and young people
Are you mandated or non-mandated
Mandated
Principal
class
Teachers
Visiting
teachers
Student
teachers
Non-Mandated
Nurses
Psychologist
s
Social
Workers
Speech
Pathologists
Education Non-teaching
staff
Support
Officers Administratio
n
(Aides)
Cleaners
Canteen staff
Mandatory reporting considerations Part 1: Forming a belief
•
•
•
•
The CYFA (2005) states:
That teachers must report to Child Protection when they ‘…form a belief on
reasonable grounds…’ that a child has suffered, or is likely to suffer, significant harm
as a result of physical injury or as a result of sexual abuse
A belief is considered to be more than a suspicion. A person may be considered to
have formed a belief if they are more likely to accept rather than reject the
suspicion that a child is at risk of harm from physical or sexual abuse
Proof is not required that abuse has occurred or is likely to occur. A belief is
sufficient. It is the role of the Child Protection to determine whether that belief
should be investigated
If one staff member has a different view from another staff member about making
a report and the staff member continues to hold the belief that a child is in need of
protection, that person is still obliged to make a report to Child Protection.
Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds
Mandatory reporting considerations Part 2: Reasonable grounds
Reasonable grounds is the mechanism used for forming the belief.
Examples are:
• a child tells a teacher they have been abused
• someone else tells a teacher (a relative, friend, neighbour or sibling)
that a child has been abused or is at risk of abuse
• a child tells a teacher that they know someone who has been
abused (often a child is referring to themselves)
• a teacher’s own observation of a particular child’s behaviour/injuries
or their knowledge of children generally leads them to suspect that
abuse is occurring
• other grounds that have led to the forming of a belief that a child is
being abused.
Refer to the Protocol Section 4.3. Forming a belief on reasonable grounds
When to report to Child Protection
A school staff member forms a view that the child or young person is in need
of protection because:
• The harm or risk of harm seriously impacts on the child’s immediate safety,
stability or development
• The harm or risk of harm is persistent and entrenched and is likely to have a
serious impact on the child’s safety, stability or development.
• The child’s parents cannot or will not protect the child/young person from
harm.
• The definition of child in need of protection includes: “harm accumulated
through a series of continuing acts, omissions or circumstances”
• NB: A Mandatory Report should be made as soon as possible.
Refer to the Protocol Section 4.8: Protecting the safety of children and young people
Making a Report to Child Protection –
Information to provide….
Child
Family
Alleged abuse
Notifier
Name/Gender/Age
Composition
Times/dates
Name
Any disability
Siblings/name/age
Nature of incident
Occupation
Extended family
Disability in family
Patterns
Location
Parent/carer
Language spoken
Previous incidents
Contact details
Safe Now
Other adult @home
Previous agency
involvement
Relationship to
child
Background
History
History of violence
Grounds for belief
Cultural status
Other agencies
Religion
Reaction to DHS
Any other
significant factors
Family know of
report
Present/prior
concerns
LACK OF ANY OF THE ABOVE INFORMATION SHOULD NOT
DELAY A MANDATORY REPORT
Information Sharing –
Protection for school staff
•
•
•
•
School staff are protected provided you share information under ‘authorised
circumstances’ and ‘in good faith’ (CYFA (2005) )
Your identity must be kept confidential unless you consent to it being
disclosed.
You are not subject to any legal liability in respect of the giving of
information - you cannot be successfully sued.
Authorised disclosure cannot constitute unprofessional conduct or a breach
of professional ethics.
Authorised disclosure does not contravene:
–
–
–
–
Health Services Act 1988, Section 141
Mental Health Act 1986, section 120A
CYFA 2005, Section 212
Information Privacy Act 2000.
NB: Details of a mandatory report should remain confidential.
Refer to the Protocol Section 7.4 Protection when sharing information
Information Sharing – School Staff
The deciding principle is ‘need to know’
Only disclose information about a mandatory report with those who:
• have direct responsibility for the student’s safety and wellbeing. e.g. principal
class, school welfare staff
• are involved in providing advice & support: region wellbeing, RNL, SCIAU
• have the capacity to protect the student from harm. e.g. Child Protection, Police
Staff who work directly with a student such as class room teachers ‘need to know’
enough information to ensure the safety and wellbeing of the student.
For example:
• staff should be made aware the child is in a difficult situation
• informed that the child should be monitored and may need support
• provided with information about what to do if the child seems stressed
No specific details to be provided to those without a ‘need to know’ including:
• the substance and details of the concern or report
• who is allegedly involved.
Information sheet
http://www.education.vic.gov.au
Search ‘Mandatory Reporting”
http://www.education.vic.gov.au/Documents/sc
hool/principals/spag/safety/makingareportchild.
pdf
The role of the school
Schools must take immediate action in relation to concerns about possible abuse and
neglect including student sexual assault.
This means that the school needs clear and accessible policies & procedures about
responding to concerns for the safety and/or wellbeing of a student
Staff must be able to seek appropriate advice and know who can provide it.
Consult with and seek advice from:
• the school principal, or a member of the school leadership team
• regional support staff.
• the Emergency and Security Management Unit - P: 9589 6266
• the Student Critical Incident Advisory Unit, Student Wellbeing Division P: 9637
2934 or 9637 2487
• the local Victoria Police Sexual Offences and Child Investigation Team (SOCIT)
• Department of Human Services, Child Protection
Making a Report to Child Protection –
What Happens Next
Intake – classification of Wellbeing or Protective report; information
gathering, risk assessment, advice and referral; referral to Child FIRST
Investigation - determination of substantiation of reported harm
Protective Intervention - without court action
Application to Children’s Court – for orders for protection, supervision,
treatment….
Protective Orders – ensure appropriate supervision for a child at risk of
harm
Refer to the Protocol Section 4.8: Making a report to Child Protection and to
Appendix 1: Core Functions of Child protection
Responding to disclosure
How to prepare yourself
Suggestions for responding to a child/young person
who discloses
Suggestions include:
• Listen to the child
• Control expressions of panic or shock
• Express your belief that the child is telling the truth.
• Use the child’s language or vocabulary.
• Tell the child that this has happened to other children, and that they are
not the only one.
• Reassure the child that to disclose is the right thing to do.
• Emphasis that whatever happened was not the child’s fault, and that the
child is not bad.
• Tell the child that you know some adults do wrong things.
• Tell the child you will do your best to support and protect them.
• Indicate what you will do, - report to the Child Protection to help stop the
abuse
• Tell the child that you are required to tell Child Protection.
Responding
Consider the following statements and questions as to
whether the following responses are
•
helpful,
•
somewhat helpful or
•
not helpful at all
•
to a disclosure of sexual assault:
Assessing responses
• What were you doing with him in the first place
• Why didn't you tell me before
• People who have had that experience often feel that way
• Do you want to talk about it
• I think you should report it to the police.
• How do you feel about it now
• That must have been terrible!
• What do your friends think
• That would be really hard to prove in court
• It sounds as though you might be afraid
Assessing responses
• You seem very distressed.
• That happened to a friend of mine.
• What would you like to happen now
• Oh yes, I know how you feel
• Are you worried about making trouble for others
• It's often difficult to talk about these experiences
• Is there any point in making a fuss about this
• It's difficult when someone you trust hurts you
• What do you need to help you feel safe now
• Are you worried about getting someone in trouble
Group exercise – Answer Sheet 1
Helpful or unhelpful questions
Helpful
Somewhat
helpful
Unhelpful
What were you doing with him in the first place

Why didn't you tell me before

People who have had that experience often feel that way
Do you want to talk about it


I think you should report it to the police.
How do you feel about it now


That must have been terrible!
What do your friends think


That would be really hard to prove in court
It sounds as though you might be afraid
With acknowledgement and thanks to the Centres Against Sexual Assault Forum


Group exercise – Answer Sheet 2
Helpful or unhelpful questions
Helpful
Somewhat
helpful
Unhelpful
You seem very distressed.

That happened to a friend of mine.

What would you like to happen now

Oh yes. I know how you feel

Are you worried about making trouble for others

It's often difficult to talk about these experiences

Is there any point in making a fuss about this

It's difficult when someone you trust hurts you

What do you need to help you feel safe now

Are you worried about getting someone in trouble

With acknowledgement and thanks to the Centres Against Sexual Assault Forum
Scenarios and case studies
Following are a number of different exercises
to provide practical examples of the
application of the protocol and to facilitate
discussion of issues.
Case Study
Monday morning, a year 10 female student, Jessie
15yrs., tells you she was sexually assaulted last night.
What do you do?
She then tells you it was her older brother and this is
not the first time.
What do you do next?
Case Study
She tells you that she does not want her family to
know, she will not talk to police and she wants you to
arrange a pregnancy test.
What do you tell her?
What would lead you to form a belief?
Do you report her allegation?
If so – who to?
Case Study
A 16 YO girl comes to your office and tells you that her ex-boyfriend has raped
her. The young man is also a student at your school. When they went out, he
would often keep going when she said ‘no’, but she never physically resisted.
This time she went to visit him to discuss a reconciliation but he got the
wrong idea. She told him ‘no’ and resisted but he kept going. She has bruises
on her shoulders and her mother knows about the assault. She and her mum
don’t want to go to the police.
Is this enough information to form a belief?
Who would you consult?
You talk to the SWC who gives you the history on the girl and her family. Her
family is known to DHS, her mother is protective but her father is not.
What do you do next?
Case Study
Sally is a girl in Year 8 whose parents are separated. There is a court order
in place that allows Dad access every second weekend. Sally comes to you
to tell you that she is starting to feel really down and very anxious every
time she has to see her dad. He treats her badly, puts her down, he is
aggressive especially when he has a few drinks. She does not want to visit
her dad anymore but does not know how to tell her mum or dad.
What do you do next for Sally?
Do you report it?
If so - who to?
Case Study
Crystal is in Year 7.
She has poor school attendance
She often looks tired when she is at school.
She wears the same unwashed clothes all week.
Crystal talks of her mother having multiple partners.
Crystal’s mother has a mental health history and is
occasionally hospitalised
Repeated requests to Crystal's mother leads to only short
term improvement.
What would lead you to form a belief?
What would you do in this situation?
What issues does this case study raise for you?
Case Study
Mary is 14 years old
She has come to school and has been telling her classmates she has a 19
year old boyfriend
She has also told them he stays at her house and they are having sex
Her Mum knows that they are having sex and says it is OK because he is
a nice boy.
What would lead you to form a belief?
What would you do in this situation?
What issues does this case study raise for you?
Case Study
Bree is 15 years and enrolled at the school 3 months ago.
Her attendance is variable.
She told a staff member that she is unhappy living in the same
house as her mother’s boyfriend who is a “creep”.
She also said that her mother, who works nights, has no idea what
he is really like - he tried to kiss and hug her one night just before
the camp.
She would not elaborate further and burst into tears when the
teacher tried to find out more.
What would lead you to form a belief?
What issues do this raise for you?
What would you do in this situation?
Case Study
Tim stays in the library every day after school
He says he is afraid to go home
His friends tell you that Tim says he is sick of his Dad going off at
them, especially at his Mum
What would lead you to form a belief?
What would you do in this situation?
What issues does this case study raise for you?
Where can you find the protocol electronically?
The DEECD Website at: http://www.education.vic.gov.au/
Link to the Protocol:http://www.education.vic.gov.au/school/principals/spa
g/safety/Pages/childprotection.aspx#1
DEECD Policy & Procedures
Responding to
Allegations of
Student Sexual
Assault –
Procedures for
Victorian
Government
Schools
Age Appropriate Behaviours Resource
Developed by:
South Eastern Centres Against
Sexual Assault
Royal Children’s Hospital
Southern Health
In Consultation with:
Student Critical Incident Advisory
Unit
Department of Human Services
Conclusion
• It is your legal responsibility to report when you
form a belief ie do not need evidence
• Harm from others – harm from themselves
• You can not delegate this responsibility to anyone
else
• You can not guarantee to the child that you will
not maintain confidentiality
• Your confidentiality is guaranteed
• You must be very clear who you report your
decision to a make a mandatory report ie not for
gossip