Child protection policy.
Our service's obligations, plans, and procedures to protect children from any type of harm, abuse, or neglect across all 4 Eikoh centres.
Child Protection Reporting Overview
Notifications of harm, abuse or neglect
If you believe a child is in immediate danger, contact the Police now by calling 000
Report to the Police on 131 444 if a child has been or may be the victim of a criminal offence, including a sexual offence
Report to the Child Protection Helpline on 132 111 (24 hours/7 days) If you form a reasonable suspicion that a child has been abused or neglected, is at risk of abuse or neglect, or is otherwise at risk of significant harm.
Or make an e-report if notification is not urgent
https://reporter.childstory.nsw.gov.au/s/
Notify the regulatory authority – NSW Early Learning Commission of suspected/alleged abuse at service, including physical or sexual abuse.
If employees/volunteers are involved, notify the NSW Office of the Children’s Guardian of any notifiable offence under the Reportable Conduct Scheme.
All decisions and actions related to the operation and delivery of education and care services are required to consistently prioritise children’s safety, rights and best interests above all other considerations. The paramount consideration of children’s safety, rights and best interests is a statutory duty.
"Child abuse may be defined as intentional, physical and/or emotional maltreatment of a child by an adult, usually a person responsible for the child's well-being." Feeney/Christensen/Moravcik (1991:391).
Significant harm is defined as: “a concern about a child or young person that is sufficiently serious to warrant a response by a statutory authority irrespective of a family’s consent. It is something that is not minor or trivial and may be reasonably expected to produce a substantial and demonstrably adverse impact on the child or young person’s safety, welfare, or wellbeing. In addition, it can result from a single act or omission or an accumulation of these”.
(Child Story Reporter Website)
The Child Protection Policy sets out our service’s obligations, plans and procedures to protect children from any type of harm, abuse or neglect. It expresses our commitment to, and processes for, maintaining a child safe culture and environment (online and physical). It provides guidance about how our service will identify, manage and respond to risks, and suspected or actual cases, of harm, abuse or neglect - including when and how to report to the Police and other authorities.
Purpose: The educators at the centre are committed to ensuring the safety and welfare of children at all times, both within and outside the centre. Educators see the importance of educating children to be aware of the value of their bodies and their emotional wellbeing so they will not passively allow themselves to be hurt by others. Educators are also aware that children need to be taught that they have the right to accept or reject physical contact.
Aim
For the educators to be aware of the varying forms of child abuse to ensure the protection, health, and safety of children at all times.
For educators to be aware of procedures for reporting suspicions of abuse of a child or risk of significant harm to a child.
To ensure that all educators, students, and volunteers are subject to screening and prohibited persons declarations. Office of the Children’s Guardian – https://ocg.nsw.gov.au
For all educators,
Implementation
The safety, health and well-being of children is a shared responsibility and is the number one priority for all staff, students and volunteers at our service. We have zero tolerance for any form of harm or abuse to children and are committed to acting in children’s best interests, and in accordance with laws and regulations. All decisions and actions related to the operation and delivery of education and care services are required to consistently prioritise children’s safety, rights and best interests above all other considerations.
Child safety is relevant to all of our service’s operations and program and, therefore, it is embedded in our policies and procedures. In particular, this Child Protection Policy should be understood and used alongside our Child Safe Policy, which explains our commitment to meet the NSW Child Safe Standards.
This Child Protection Policy covers the following areas:
The Code of Conduct
Risk assessments
Indicators of harm, abuse and neglect
Child Protection procedures:
Procedures for managing and recording incidents, disclosures and suspicions of harm, abuse or neglect
Procedures for managing harmful sexual behaviour in children
Procedure for making a report
Exchanging information
Confidentiality, record keeping, safeguards for reporters and support
Information sharing, training and monitoring
Roles and responsibilities
Code of Conduct
Our service upholds the Code of Conduct (located in our Educator and Management Policy) for employers, educators, volunteers, students, families and children to ensure the safety and wellbeing of children.
The Code of Conduct describes what is acceptable behaviour towards children. We expect a high level of professionalism, ethical behaviour and standards at our service, and we will act upon any behaviour that does not meet our expectations.
Inappropriate Conduct
Section 166A makes it an offence for anyone involved in the provision of education and care to subject a child to inappropriate conduct. This includes approved providers, nominated supervisors, educators (including casual, agency or relief staff and students), other staff, volunteers and family day care educators.
Section 5AA defines ‘inappropriate conduct’ as:
conduct a reasonable person would consider to be inappropriate in an education and care service.
It also sets out factors that must be considered when determining whether conduct is inappropriate, including:
whether the behaviour is consistent with expected practice in ECEC settings
the child’s age and stage of development
whether the conduct is likely to cause emotional, psychological or physical harm
the intent or purpose of the behaviour, particularly if it could be perceived as violent or sexual in nature.
A child’s consent – or perceived consent by a staff member – is not relevant in determining whether conduct is inappropriate.
A child may be subjected to inappropriate conduct:
in person, either directly or by witnessing it happen to others
through verbal or electronic communication
by electronic capture, including photographs, recordings or live video
through repeated actions or ongoing patterns of behaviour over time.
Risk assessments
(Note - certain activities may have specific regulatory requirements for risk assessments, so other policies and procedures should be implemented alongside this one, e.g., Excursion Policy).
The approved provider must ensure that regular risk assessments are conducted to identify risks of any activity or environment (physical and online) that could result in harm, neglect or abuse (including grooming and sexual abuse) of children. Our service will collaborate with staff and, where possible, families on risk assessments. We may seek feedback via newsletters or survey forms, or during parent information sessions.
Risk Assessment areas to consider
Situational risk
The physical and online environment of the service itself, for example:
Whether it allows for adults to be alone with children, unseen by others
Whether educators have a ‘line of sight’
Location/layout of children’s toilets and nappy changing areas
Location/layout of sleep and rest areas
Playgrounds and play equipment
Temporary renovations
Photography, phone, tablet and social media usage
Heavy furniture, windows, stairs, outdoor environment
Specific activities (e.g., nappy changing, using the toilet, rest and sleep, special events with visitors, transitions, travelling to other care and education services, use of dangerous equipment, outdoor vs indoor play, excursions, managing medications, managing illness and injury, emergencies)
The type of contact between an adult and a child during an activity (e.g., does it involve physical contact as in changing a nappy or comforting a child, could the interaction result in an emotional dependence on adults?)
Supervision arrangements (e.g., ratios, during different activities, natural lines of sight – note, this should be balanced with a child’s right to privacy and their need for risky play which allows them to temporarily ‘disappear’).
Vulnerability risk
Children who, in general, are more vulnerable to the risk of harm or abuse are:
From Indigenous backgrounds
With disability
Newly arrived in Australia
From culturally and linguistically diverse backgrounds
Identifying as LGBTIQ/non-binary/gender diverse/unsure of sexuality or gender
From trauma, abuse or neglect backgrounds
Living out of home, including in foster care
Experiencing poor mental or physical health.
Propensity risk
The profile of adults who are involved with children at our service
Types of people who are attracted to working in the care and education sector
How inappropriate behaviour is dealt with
The attitudes of adults towards children in our service.
Institutional risk
Internal structures that may lead to abuse or harm (e.g., strong hierarchical structure, authoritarian management, close-knit relationships – deep friendships or families)
Culture (e.g., attitudes towards children, valuing reputation above the safety of children, inclusive or discriminatory)
Attitudes about whose job it is to be responsible for child safety.
Procedure: We will ensure a safe environment is created for the educators and children by:
Ensuring that the Approved Provider, Nominated Supervisor, Responsible Persons, educators, students, and volunteers have completed a Working with Children Check (WWCC) prior to commencing at the centre and that this Working With Children Check has been verified prior to the person commencing working with children in the centre.
The Approved Provider/Nominated Supervisor must check all educators on the NQAITS Portal during the recruitment process for any prohibition notices issued to an individual. The results of these checks should be kept in the educators staff file.
Educators will be required to complete a Prohibition Notice Declaration Form and a Compliance History Form prior to working in one of our centres.
Ensuring that children are supervised at all times.
Ensuring that the physical environment is safe by completing relevant safety checks and carry out maintenance, as necessary.
Providing educator training in child protection.
From February 27th 2026 all educators must register for Mandatory Child Safety Training through the Gekko training platform. This training is mandatory and must be completed throughout the year by persons with management or control, nominated supervisors, persons in day-to-day charge, Family Day Care Educators, other staff, volunteers and students.
Ensuring that all educators are aware of the centres’ procedures for reporting suspected child abuse and neglect or risk of significant harm and understand their responsibilities under the child protection legislation as stated in the Education and Care Services National Regulations.
Educators see the importance of educating children to be aware of the value of their bodies and emotional wellbeing so they will not passively allow themselves to be hurt by others. Educators are also aware that children need to be taught that they have the right to accept or reject physical contact.
To ensure that all responsible persons in day-to-day charge of the centre and nominated supervisor(s) hold current child protection training qualifications.
Indicators of harm, abuse and neglect and children
Behavioural or physical signs which assist in recognising harm to children are known as indicators. A list of indicators of harm, abuse (including sexual abuse and grooming) and neglect are attached to this policy. The list is meant as a guide only. One indicator on its own may not imply abuse or neglect. However, a single indicator can be as important as the presence of several indicators. Each indicator needs to be considered in the context of other indicators and the child’s circumstances.
Remember, also, that a child's behaviour is likely to be affected if he/she is under stress. There can be many causes of stress and it is important to find out specifically what is causing the stress. Harm, abuse and neglect can be single incidents or ongoing, and may be intentional or unintentional.
Register of Child Protection Concerns
When reporting suspected child abuse, harm or neglect – all notifications must be recorded on the Register of Child Protection Concerns template (see end of document for template):
At a minimum, this register must record all child safety and child protection reports made to:
· NSW Office of the Children’s Guardian (OCG)
· NSW Department of Communities and Justice (DCJ)
· NSW Early Learning Commission
· NSW Police
This includes all suspicions, allegations or disclosures of child abuse, neglect or harm that are reported in accordance with the NSW Early Learning Commission’s reporting guide and relevant legislation. It also includes notifications made in relation to serious incidents (Section 174), inappropriate conduct (Section 166A) and negative notices (Section 174AB).
Harm, abuse or neglect can be:
Witnessed
Disclosed by a child, parent, staff member or community member. A disclosure of harm, abuse or neglect occurs when someone tells you about harm, abuse or neglect that has happened, is happening, or is likely to happen to a child. A disclosure can also be about a child harming or abusing another child
Suspected - a suspicion of harm, abuse or neglect is when someone has a reasonable suspicion that a child has suffered, is suffering, or is at an unacceptable risk of suffering harm, or abuse or neglect. A suspicion can also be about a child harming or abusing another child.
How to report risk of significant harm, abuse and neglect
If the child or young person is in immediate danger contact 000
Reports to the child protection helpline must be made over the phone where the child is at a high or imminent risk of significant harm due to:
Serious physical injury to a child or young person requiring medical attention.
Serious neglect to a child or young person of an immediate nature.
Domestic violence involving serious injury and/or use of a weapon.
Sexual harm involving serious current concern.
A high-risk prenatal report where the birth is imminent.
Immediate safety issues.
The report concerns:
A group of children/ young people other than a sibling group.
A child or young person who resides outside NSW.
An alleged person causing harm who has access to the child AND there is concern that the child may experience harm in the foreseeable future.
Complex information which is more easily communicated verbally than in writing.
The reporter is unsure how to interpret the MRG outcome and needs to discuss with a Helpline caseworker.
All educators who work in children’s services are mandatory reporters. A mandatory reporter is required by law to make a report to the Child Protection Helpline 132111 if they have current concerns about the safety, welfare, or wellbeing of a child.
If educators have suspicions of a child being at risk of significant harm through any form of abuse or neglect they must inform the Director, General Manager and/or Approved Provider first, and use the Mandatory Reporter Guide on the Child Story Reporter website – https://reporter.childstory.nsw.gov.au/s/ to help determine whether to make a formal report by calling: Child Protection Helpline 132111 or to keep documenting.
Educators must document any information which may be relevant to the matter.
Educators should not consult directly with the parents in this matter. This is to be done by the proper authorities.
Mandatory Reporter Guide (MRG)
The MRG is an interactive online guide for mandatory reporters to determine whether their concerns about a child or young person meet the risk of significant harm threshold. It is important to remember that the MRG is not a replacement for professional judgement of professionals but a tool to support your decision making. The MRG is available on the Child Story Reporter website – https://reporter.childstory.nsw.gov.au/s/
To complete the MRG
Step 1 – choose a decision tree.
Step 2 – answer the questions using the definitions carefully. Remember the tips to using the definitions.
Step 3 – continue to answer YES or NO to questions based on your reading of the definitions until you reach the MRG Final Decision Point.
Step 4 – depending on the Final Decision recommended by the MRG, either make a report to the child protection helpline or seek additional assistance and support from the Centre Director or General Manager.
(KTS Training for the Early Childhood Sector Participant’s Guide 2010 p.7)
If in doubt report your suspicions to the child protection helpline 132 111.
eReporting
- Child Protection reports can be directly submitted as an eReport through the ChildStory Reporter website (https://reporter.childstory.nsw.gov.au/s/). An eReport should only be used if the concern is non-urgent. Mandatory reporter will need to register first to submit an eReport. Once registered, mandatory reporters:
can create eReports after running the MRG (if the MRG outcome is Report to Department of Communities and Justice or Refer to CWU).
will be notified by email when there is a change of status for one of their reports.
can log into the ChildStory Reporter Community website to see the status of any previous reports they have submitted.
(https:/reporter.childstory.nsw.gov.au)
Procedure for managing harmful sexual behaviour in children
Some children may exhibit harmful sexual behaviour while they are in our care. This behaviour can be self-directed and/or directed at other children and adults. It can extend to sexually abusing other children. Our service is required by law to have policies and procedure in place for dealing with children exhibiting harmful sexual behaviour.
“Harmful sexual behaviours in children” is a broad term that is used to describe a range of concerning and serious sexual behaviour displayed by children and young people. The behaviour may be:
Coercive or involve bribery and/or aggression
Clandestine and/or aggressive/predatory
Abnormal for the child’s age/developmental stage
Compulsive, excessive and/or degrading
Present when it involves another child that is significantly different in age/developmental to the individual
Self-directed or directed at others
Children and young people display a range of sexual behaviours. Most of the time these are age-appropriate, and generally consistent with the child’s developmental stage and the context in which they are growing up (e.g., living in a society where they are regularly exposed to sexualised imagery used in popular culture or in marketing, online material, and the influences of a child’s religious/cultural backgrounds etc). Along the spectrum of behaviours are those that are concerning and those that are serious. Examples of behaviours across the spectrum is available in the South Australian Government’s Guide to problem sexual behaviour in children and young people.
Allegations of harmful sexual behaviour in children require an immediate response.
If a child is exhibiting harmful sexual behaviour, and/or if the child is suspected of sexually abusing another child, the nominated supervisor and other staff will:
Give protection to any child in immediate danger and contact 000
Follow the procedure below
Record incidents using the form available in our Incident, Injury, Trauma and Illness Policy
Record disclosures and suspicions
Follow the Procedure for making a report above
Manage risks to children/adults at our service pending the outcome of any investigations, e.g.,:
Suspend/exclude the child from the service
Restricting the child’s contact with other children or only allow them to have supervised contact
Restricting their access to sensitive computer systems, files or facilities (if applicable).
If a child exhibits serious harmful sexual behaviours:
Immediately intervene to protect victim/s. If necessary, call 000
If a child directs harmful sexual behaviour towards an adult at the service, the adult must immediately physically distance themselves from the child and tell the child that the behaviour must stop. This should be done in a sensitive and respectful manner
Make a report in line with our Procedure for making a report (see attached). For example, it may involve contacting police/ Child Protection Helpline, depending on the behaviour
Follow instructions from police/ Child Protection Helpline and do not investigate the incident unless allowed
The first responder should not try to interview any children. Interviews should only be conducted by the nominated supervisor/approved provider and under instruction from the Police/ Child Protection Helpline. Interviews can be traumatising for a child so we must try to limit them
Keep the child supervised and supported
Keep the victim supervised and supported. Reassure them and respond to their needs
When talking or interviewing people involved, the nominated supervisor/approved provider will:
Reassure the child or adult
Find a private place to talk
Remain calm and listen in an attentive, active and non-judgemental way
Encourage the person (including a child) to talk in their own words
Take anything a child says seriously
Allow children to be part of decision-making processes where appropriate
Ask just enough open-ended questions to act protectively without asking any leading questions which suggest an answer and could compromise later investigations
Tell the person they have done the right thing in revealing the information and they’ll need to tell someone who can help keep the suspected victim safe
Contact the parents of the child and any other child who has been impacted
Immediately secure evidence such as CCTV footage, emails, computers (where applicable)
Document the incident using our Accident, Illness, Injury form as soon as possible so the details are accurately captured, including:
Time, date, location and who was present
Full details of the behaviour/incident
Staff/volunteers/students’ actions in response
Manage risks to children/adults at our service pending the outcome of any investigations. Responses should be appropriate to the risk posed. E.g.:
Suspending/excluding the child from the service
Restricting the child’s contact with other children or only allow them to have supervised contact
Restricting access to sensitive computer systems, files or facilities (if applicable).
If the child remains at the service, establish a behaviour support plan in consultation with family services/child’s parents/professionals
Ensure the management and storage of records complies with our Privacy and Confidentiality Policy and Record Keeping and Retention Policy
If a child exhibits concerning harmful sexual behaviours:
Intervene to protect other children
If a child directs harmful sexual behaviour towards an adult at the service, the adult must immediately physically distance themselves from the child and tell the child that the behaviour must stop. This should be done in a sensitive and respectful manner
Contact parents of the child
Discuss with the child why the behaviour is unacceptable
Depending on the situation and how serious the behaviour is, consider:
Creating restricted areas/activities for the child
How the child will be monitored and supervised
Suspending/excluding the child from the service
Document the behaviour using our Accident, Illness, Injury form as soon as possible so the details are accurately captured, including:
Time, date, location and who was present
Full details of the behaviour/incident
Staff/volunteers/students’ actions in response
Manage risks to children/adults at our service pending the outcome of any investigations. Responses should be appropriate to the risk posed. E.g.:
Suspending/excluding the child from the service
Restricting the child’s contact with other children or only allow them to have supervised contact
Restricting access to sensitive computer systems, files or facilities (if applicable)
Confirm with the police/welfare authority that our proposed actions are appropriate
Exchange information with other relevant agencies/professionals if appropriate and permitted
Arrange a meeting with parents of the child to discuss any immediate responses and ongoing options for support for the child/family, such as a behaviour support plan
Ensure the management and storage of records complies with our Privacy and Confidentiality Policy and Record Keeping and Retention Policy
Supporting children, staff and families who have been impacted by another child’s harmful sexual behaviour:
Assess and respond to the needs of anyone who has been impacted
Inform other parents that their child was/may have been impacted by the harmful sexual behaviour or witnessed the behaviour; and that accounts of the behaviour might be circulating amongst other parents. Do not disclose the name of the children involved
Remain calm and listen in an attentive, active and non-judgemental way
Take anything a child says seriously
If the child has reported the behaviour to a staff or family member, tell them they have done the right thing
Help children to know how to respond to questions that other children ask about the incident and which staff member will be supporting them
Allow children and families to be part of decision-making processes where appropriate
Communicate to children and parents what action is being taken and what they can expect to happen next, including timeframes
Where applicable, advise parents that the police or welfare authority may need to interview their child
Provide referrals to support agencies/counselling services
Arrange a meeting with the parents to discuss implementing a safety plan for children at the service
Sharing information with other organisations in regard to the safety, welfare, or wellbeing of a child at the centre
Child Protection Agencies
The following agencies have responsibilities regarding child protection. Our service will liaise with these services and agencies should child protection become an issue at our service.
Child Protection Helpline: Department of Communities and Justice
Receive, assess, and where appropriate investigate reports of children who are at risk of significant harm.
May plan, conduct, and manage Reports in conjunction with other agencies including NSW Police and NSW Health.
Exchange relevant information with a range of agencies including NSW Police, NSW Health and the NSW Early Learning Commission.
Provide, arrange, and request care and/or support for children and families.
Inform reporting agencies of the progress and outcomes of assessments and investigations as permitted by law.
Child Wellbeing Unit
Child Wellbeing Units have been established in the four government agencies with the largest number of child protection reports. These include the Department of Education and Communities and the Department of Communities and Justice. They can be contacted through the Department’s switchboard or contact details are available in the resources section of the ChildStory Reporter website.
NSW Reportable Conduct Scheme
The Reportable Contact Scheme has now been transferred to the Office of the Children’s Guardian under the new Children’s Guardian Act 2019.
The Scheme monitors how organisations investigate and report on certain conduct (known as ‘reportable allegations’ and ‘reportable convictions’) made against their employees, volunteers or certain contractors who provide services to children.
When the head of an organisation (called a ‘relevant entity’) becomes aware of a reportable allegation or a reportable conviction, the head of that entity must:
Notify the Office of the Children’s Guardian within 7 business days of receiving a report or otherwise becoming aware of reportable allegations/convictions (see next section) using the 7-day notification form that’s available on the Office of the Children’s Guardian website https://ocg.nsw.gov.au and take action to protect children. Information must include type of reportable conduct and details of allegation/conviction, employee/volunteer/contractor’s name, date of birth and working with children number, whether police or child protection helpline have been notified and the report reference number if known, nature of initial risk assessment and risk management action taken to protect children, employee subject of report, other parties and allow proper investigation of the allegation (eg employee has been moved), name and contact details of the service and Approved Provider, and any other places the employee/volunteer works or volunteers at if known.
As part of initial risk assessment consider whether/when to give employee written notice that they have notified the Office of the Children’s Guardian about a reportable allegation/conviction involving the employee. Do not notify employee if doing so would compromise the investigation (eg could they destroy evidence) or put a person’s health or safety at risk. Include any submission an employee/volunteer may make after being notified about the Report
Consult with Police or Child Protection after making report if allegation is a criminal offence or they’re already investigating to ensure your investigation will not prejudice police investigation or court proceedings
Investigate an allegation of reportable conduct as soon as possible after completing investigation plan (see Fact Sheet 4 Planning and Conducting an Investigation Office of the Children’s Guardian.) Note a finding of reportable conduct must be made if ‘on the balance of probabilities’ the allegation has been proven. When assessing this, the Approved Provider must consider the gravity of the allegations, and whether they breach professional standards, codes of conduct or accepted community standards.
keep appropriate records including accurate account of allegation, initial response to allegation, notifications made to Police and Child Protection, plan for carrying out investigation, initial risk assessment, decisions and actions taken in relation to employee/volunteer/contractor and child both during investigation and when finalised, interview questions, answers and details of interview (eg attendees, start and end times), final report (and interim report if relevant)
protect the identity of employees/volunteers/contractors as much as possible during the investigation by ensuring only people who need to know about the investigation are told about it and have access to records, they are advised about the need to ensure confidentiality and that breaches of confidentiality will be taken seriously, investigated using Service grievance procedures with potential disciplinary action a possibility. Do not release records to any public or private sector agency without first obtaining consent from the Children’s Guardian. Note reportable conduct allegations and records should be stored separately from the employee’s personnel file. Ensure procedural fairness (see Fact Sheets 4 and 8. General information | Reportable Conduct fact sheets | Office of the Children's Guardian)
help any employee/volunteer subject to allegations access appropriate support/counselling, provide support to alleged child victims and their families, and any others involved in reportable incidents if appropriate
suspend volunteers and contractors pending outcome of investigation, and ensure employees subject to allegations are supervised at all times. Seek legal advice if relevant about restricting person’s duties or putting them on leave with/without pay.
Take action to protect children following investigation (complete a final risk assessment) and provide a final report of the findings and action taken (include any disciplinary action taken or proposed and reasons for taking or not taking action) to the Children’s Guardian within 30 calendar days of becoming aware of reportable conduct, or if the investigation is ongoing, an interim report explaining why the investigation has not been completed and an estimated timeframe.
An interim report must include the facts and circumstances of the reportable conduct, action taken since the first report, further action proposed or why no further action will be taken, and the reasons for the actions taken or proposed
A final report must include the facts and circumstances of the reportable conduct, whether the alleged reportable conduct was found to have occurred, a copy of any written submission made by the employee /volunteer/contractor and any other relevant documents, information about what action has or will be taken including any disciplinary action or training for employee, any counselling or support for child victims, any training for employees eg in child protection, changes to policies or processes, whether information was referred to another organisation or if/why no further action will be taken
Provide written advice to employee about outcomes of investigation and consequences. Also advise investigation findings and outcomes to the alleged victim and their parent/carer unless this not in public interest (see Fact Sheet 7).
Reportable Allegations/Conduct involving Employees, Volunteers and Contractors
The Approved Provider must report allegations of reportable conduct, or convictions involving reportable conduct (includes findings of guilt without actual conviction) involving employees, volunteers, or contractors required to hold working with children checks, to the Children’s Guardian whether or not the conduct occurred inside or outside the workplace, or occurred when the person was not an employee.
Any employee, volunteer or contractor who becomes aware of a reportable allegation or conviction must inform the Approved Provider (or the Children’s Guardian if the matter involves the Approved Provider).
Reportable conduct includes sexual offences, sexual misconduct, ill-treatment, neglect or assault of a child, an offence under s 43B (failure to protect) or s 316A (failure to report) of the Crimes Act 1900, and behaviour that causes significant emotional or psychological harm to a child. A more detailed description of each type of conduct is available on the Office of the Children’s Guardian website https://ocg.nsw.gov.au The Office has a series of Fact Sheets to assist services understand their responsibilities under the Reportable Conduct Scheme General information | Reportable Conduct fact sheets | Office of the Children's Guardian
The Office of the Children’s Guardian
The Office of the Children’s Guardian is an independent government agency that works to protect children by promoting and regulating quality, child safe organisations and services. One of its roles is administering the Working with Children Check.
Children’s services employees must report findings of sexual misconduct and serious physical assault involving children by a child related worker to the Office of the Children’s Guardian. See the Fact Sheet ‘Information for reporting bodies’ at https://ocg.nsw.gov.au
Children’s Services Employers must report to the Office of the Children’s Guardian any reportable allegations and convictions made against an employee and ensure they are investigated by the Approved Provider/owner of the Child Care Service with appropriate actions being taken when the investigation is complete. The Approved Provider/owner of the Child Care Service must notify the Office of the Children’s Guardian within 7 days of becoming aware of any reportable allegations or convictions made against an employee in children’s services.
Under Section 174AA of the National Law (NSW), educators and staff employed or engaged at a service must notify their approved provider if they receive a negative notice or a change to their accreditation or registration, including if their WWCC clearance has been refused or cancelled.
This notice must be provided in writing with 72 hours of the event occurring, or within 24 hours of becoming aware of the change.
Approved providers must notify the NSW Early Learning Commission within 24 hours of becoming aware of the change by emailing information@earlylearningcommission.nsw.gov.au.
Information requested by other organisations in relation to the safety, welfare and wellbeing of a child or young person will only be given upon a written request from another agency or organisation. This request can be emailed through to the centre and information in relation to that child can then be exchanged by the centre’s Director. General Manager and Approved Provider are to be informed of any written requests for information. Any information requested must relate to the safety, welfare or wellbeing of a child or young person. Information may be shared if it relates to:
A child or young person’s history or circumstances; and/or
A parent or other family member; and/or
People having a significant or relevant relationship with a child or young person; and/or
The other organisations’ dealings with the child or young person, including past support or service arrangements.
(Identify and Respond to children and young people at risk participant’s guide2010 p.27)
Allegations of abuse against staff, educators, volunteers, or students
The Approved Provider/Nominated Supervisor will
- Develop and maintain a system of appropriate record keeping for all allegations to ensure detailed documentation is made and stored as required.
- Take all allegations of abuse seriously and clarify what is being alleged with the person who is making the allegation.
- Assess whether or not a child or young person is 'at risk of significant harm' and, if so, make a report to the Child Protection Helpline.
- Complete an Incident/Injury/Trauma and Illness (serious/incident record) and notify the Regulatory Authority via the NQA ITS portal within 24 hours of being made aware of the allegation.
- Report the reportable allegation, a reportable conviction, or reportable conduct to the Office of the Children’s Guardian.
- Report allegations to the General Manager and Approved Provider.
- Report reportable allegations and reportable convictions to the Office of the Children’s Guardian within 7 days and conduct an investigation. A final entity report is to be submitted to the Office of the Children’s Guardian within 30 days.
- Consider whether or not the police need to be informed of the allegation and if so, make a report.
- Ensure confidentiality is maintained at all times and that systems are in place to deal with any breaches of confidentiality.
- Undertake a risk management approach following an allegation to ensure the protection and safety of children, educators, and visitors to the service. Based on this risk assessment, decisions will be made in order to manage the risks that have been identified.
- Develop an investigation plan of the matter. Obtain relevant information from a range of sources. This may include a statement from the person who made the allegation; statements from witnesses and a statement from the person against whom the allegation has been made and any other relevant documentation.
If the allegation is being investigated by the Department of Communities and Justice or the Police, the service will be guided by their advice as to whether they should independently investigate the allegation.
If the investigation is carried out by the service, the information that has been gathered will be assessed and a finding made as to whether the allegation is false, vexatious, misconceived, not reportable conduct, not sustained or sustained. The reasons for the finding will be clearly recorded to ensure that the decision-making has been transparent.
- The educator, volunteer or student will be advised of the outcome of the investigation in writing. Advice will be provided about the investigation finding and any follow up action that may be required. Advice will also be provided about any rights of appeal and the person will be advised that the Office of the Children’s Guardian has been notified.
- A final entity report will be submitted to the Office of the Children’s Guardian within 30 days with all supporting documentation gathered during the investigation.
- The Department of Communities and Justice will also be informed of the outcome of the investigation.
Informing the Educator, Volunteer/Student
The Approved Provider/Nominated Supervisor will
- Treat the staff member/educator/volunteer/student with fairness at all times and uphold their employee rights at all times.
- Depending on the nature of the allegation, arrange to inform the person immediately (though be guided by the advice of Department of Communities and Justice or the police).
- Arrange for the person against whom an allegation has been made, to have a support person attend the meeting. This support person must not participate in the discussions throughout the meeting.
- Make accurate documentation of all conversations, and ensure all records are kept confidentially.
- Offer counselling or support to the person subject to the allegation.
- Depending on the nature of the allegation made, the person subject to the allegation may be suspended pending further investigation.
- After all investigations are complete, provide the educator/carer/volunteer with verbal and written notification of the outcome of the investigation.
Rights of all parties
- The decision-making process throughout the investigation will be based on the safety and wellbeing of the child/ren and the educator/carers/carer's household members.
- Consideration will be taken in relation to actual or potential 'conflicts of interest' that may be held by the investigator.
- All reportable allegations will be notified to the Office of the Children’s Guardian. The person, against whom the allegation has been made, will be notified of this, and will also be notified of the investigation find and follow up action, including the notification to the Office of the Children’s Guardian.
- The person, against whom the allegation has been made, will be notified of any appeal mechanisms if they are not satisfied with the investigation process or the outcome of the investigation.
- The Approved Provider, Nominated Supervisor or other nominated person who conducts the investigation, will ensure that they act without bias, without delay and without conflict of interest; and
- All parties can complain to the Office of the Children’s Guardian if they are not satisfied with the conduct of the investigation.
Further information can be obtained from the Office of the Children’s Guardian websitehttps://ocg.nsw.gov.au
Exchanging information
Chapter 16A of the Children’s and Young Person’s (Care and Protection) Act 1998 enables children’s services to exchange information they reasonably believe may help other specified persons or entities to: ensure the safety, welfare or wellbeing of children; and help the persons or entities make decisions, conduct investigations, provide services or manage risks to a child.
Relevant information is allowed to be shared with persons and entities including other children’s services, NSW Police, state government departments or public authorities, schools, public health organisations, private health facilities, nurses, doctors, midwives, psychologists, occupational therapists, speech pathologists and bodies like family referral services. This aims to ensure children receive the help they may need.
Information sharing applies whether or not concerns of harm meet the mandatory reporting threshold of significant harm, and would only be declined if this may endanger a person’s life or physical safety, prejudice an investigation, not be in the public interest etc.
We do not need to have the consent of the people involved but should make sure that families and employees understand there is a possibility we will need to share confidential and private information about them in these circumstances. Where possible, it is best practice to obtain the consent of children and families before sharing information that relates to them. However, do not try to obtain consent if doing so could jeopardise safety and wellbeing of someone, put someone at the risk of harm, is otherwise impracticable or not in the best interests of a child.
We must only use the information we receive for the purpose for which it was given and we must always store confidential records in accordance with our policies and procedures.
Because this is such a sensitive and complex matter, in the event we need to share information, we should consult the NSW Department of Communities and Justice for further guidance (see their website for more information).
Confidentiality, record keeping, safeguards for reporters and support
Confidentiality
See also our Privacy and Confidentiality Policy and Record Keeping and Retention Policy for further guidance.
Any information our service gathers during - records, identities and reports – should be kept confidential and only be disclosed if required by law or when it is required to ensure the safety and well-being of a child (see information above about exchanging information). Staff must follow directions from Police and child protection authorities and ensure they comply with all relevant legislation, including the Privacy Act 1988 (Cth).
Staff should not promise absolute confidentiality to anyone involved in a disclosure or suspicion of harm, abuse or neglect (including children) as we may have disclose personal information in certain circumstances.
Record keeping
We are committed to keeping full and accurate records about any incidents, responses and decisions that relate to child safety and well-being, including sexual abuse. We all support individuals’ rights to access, amend and annotate their own records, except if in doing so they are breaking the law or breaching one of our other policies.
It is common for children to delay reporting or pursuing cases of abuse or harm. Therefore, all records that relate to child safety and well-being – e.g., suspicions, disclosures, allegations, convictions, reports, complaints, grievances, investigations, complaints handling, breaches, disciplinary actions, referrals, exchanges of information, risk assessments, policies and procedures - will be kept, maintained and stored for the best practice period of a minimum of 45 years (and longer if possible) and in line with our Record Keeping and Retention Policy.
Records that relate to child safety and well-being e.g. suspicions, disclosures, allegations, convictions, reports, complaints, grievances, investigations, complaints handling, breaches, disciplinary actions, referrals, exchanges, of information, risk assessments, policies and procedures will be kept in an indexed, logical and secure way.
Online records will be stored password protected file and physical records in a secure cabinet. Access will only be granted on a ‘need to know’ basis and in line with our other relevant policies.
Safeguards for reporters (see Protected Disclosures (Whistle blower) policy)
There are protections against retribution related to reportable allegations in the Children’s Guardian Act. Failure to make a report could be a reportable allegation of neglect against an employee and/or a criminal offence under the Crimes Act in addition to misconduct for not following service policies and procedures. Records kept by the Office of the Children’s Guardian in relation to reportable conduct notifications are not publicly accessible under the Government Information (Public Access) Act 2009 and cannot be requested or subpoenaed for the majority of proceedings as evidence in a court or tribunal.
Under the Children and Young Persons (Care and Protection) Act 1998, reports made in good faith to Child Protection do not breach professional etiquette or incur liability for defamation or constitute grounds for civil or criminal liability. There are also protections against detrimental actions for people making child protection reports.
Support after disclosure
Our service will help all parties affected by a disclosure of harm or abuse to access appropriate support and counselling services.
Information sharing, training and monitoring
Sharing information, training and checking compliance are key factors in ensuring our service has a child safe culture.
Educating children about protective behaviour
Our service promotes a culture of participation and inclusion, viewing all children as active participants and decision makers as they seek to include the interests, ideas, strengths, culture, abilities of each child (see also our Child Safe Policy). Educators regularly empower children to take part in discussions about their safety and decisions that affect them, and value their ideas, suggestions and feedback. Educators are attuned to babies’ and younger children’s non-verbal cues to plan curriculum and respond in ways that empowers them.
Educators will educate children about protective behaviour and include child protection issues in the curriculum. For example, they will intentionally teach children:
About acceptable/unacceptable behaviour, and appropriate/inappropriate contact in a manner suitable to their age and level of understanding
That they have a right to feel safe at all times
To say ‘no‘ to anything that makes them feel unsafe
The difference between ‘fun’ scared that is appropriate risk taking and dangerous scared that is not ok
To use their own skills to feel safe
To recognise signs that they do not feel safe and need to be alert and think clearly
That there is no secret too awful, no story too terrible, that they can‘t share with someone they trust
That educators are available for them if they have any concerns
To tell educators of any suspicious activities or people
To recognise and express their feelings verbally and non-verbally
That they can choose to change the way they are feeling.
Educators believe that:
Children are capable of the same range of emotions as adults
Children’s emotions are real and need to be accepted by adults
An adult’s response to a child during their early emotional development can be hugely positive or detrimental depending on the adult’s reaction
Children are very in touch with their bodies’ reactions to their emotions
Children who better understand their body’s response to an emotion are more able to foresee the outcome of a situation and avoid them or ask for help.
Sharing information with children, families and the community
Educators constantly build partnerships with families and community members, which provides many opportunities for discussion and feedback about safety practices. Staff encourage families to contribute to decisions about our practices and their child’s learning through a range of ways, including questionnaires, information nights, face to face conversations and an ‘Open Door’ policy. Families are informed of where they can access the centre policies and procedures and are invited to provide feedback at times of policy reviews.
Child safe information is written in plain language. Child safety is discussed in more detail with families and our child safe policies and procedures (including this one) and our Code of Conduct are included in our family enrolment/information packs.
Our response to child safety, including in cases of harm, suspected harm or complaints, is culturally sensitive. We engage with families and community members to improve our understanding of cultural practices and inform our responses.
We consider and protect children’s safety in the online environment in an age-appropriate way. Educators may discuss with children, for example, how there is no way to be sure who they are interacting with online. If needed, families are provided with relevant information about online risks to children to support their parenting and children’s wellbeing.
Staff, volunteers and family can access any of the risk assessments we conduct.
Staff and volunteer training
We include the Child Protection Policy (and all other associated policies and procedures) in staff, student and volunteer inductions and ensure all relevant staff receive practical training in relation to the requirements, including about how to identify and manage risks, their obligations as a mandatory reporter, the circumstances which would require them to make a report and how to submit a report. This will be reinforced through regular staff discussions and ongoing professional development.
Staff, volunteers and students who work directly with children regularly learn about child protection laws and their obligations under them, as well as our service’s practices. The nominated supervisor and staff who are in day-to-day charge are required by law to have successfully completed child protection training. The nominated supervisor or responsible person implements an ongoing support tailored to each staff member’s needs and goals, which are identified through regular performance reviews. The training is trauma-informed and includes:
Information about Child Protection laws and each person’s legal obligations under them
Information about staff/volunteer’s roles and responsibilities to protect children from harm
Understanding the signs of child abuse and harm, including sexual abuse and grooming
Knowing how to respond and support a child or person who is disclosing
Internal reporting procedures and external reporting obligations
Record keeping, confidentiality and privacy laws and procedures
How to empower and include children in decisions about their own safety
How to contribute to a culturally safe environment
If needed, online risks to children, and families are provided with relevant information to support their parenting and children’s wellbeing
From February 27th 2026 all educators must register for Mandatory Child Safety Training through the Gekko training platform. This training is mandatory and must be completed throughout the year by persons with management or control, nominated supervisors, persons in day-to-day charge, Family Day Care Educators, other staff, volunteers and students.
Monitoring compliance and managing breaches
The approved provider and nominated supervisor will monitor staff to ensure they are following our policies and procedures for child protection and safety. They will act quickly to fix any issues and will give staff any extra support or training they need to comply. Volunteers and students are also required to comply with all service policies and procedures and the Code of Conduct.
Staff, volunteers and students at our service have a duty of care and must support and protect children. Their duty of care is breached if a person:
Does something that a reasonable person wouldn’t do in a particular situation
Fails to do something that a reasonable person would do in the circumstances
Acts or fails to act in a way that causes harm to someone owed a duty of care.
A breach of duty of care also includes any action or inaction by an employee, volunteer or student that fails to comply with this Child Protection Policy and Procedures.
Breaches should be reported to the approved provider or nominated supervisor, who will manage an investigation in a fair, unbiased and supportive manner in line with our Grievance Policy and Procedure (Report Breach Template attached). For example:
Those involved in the breach will be able to provide their version of events
Matters discussed in relation to the breach will be kept confidential
An appropriate outcome will be decided
Everyone affected will receive a clear written statement (letter, email or SMS) of the outcome
Records will be kept about the details of the breach, including the versions of all parties and the outcome of the breach
Depending on the nature of the breach outcomes may include:
Emphasising the relevant component of the Child Protection Policy, for example, the Code of Conduct
Providing closer supervision
Professional development and training
Mediating between those involved in the incident (where appropriate)
Disciplinary procedures if necessary
Reviewing current policies and procedures and developing new policies and procedures if necessary
Termination of employment
Roles and responsibilities
All staff, volunteers, students and families must understand our Child Protection Policy and Procedures and their role and responsibilities in keeping children safe and cared for.
| Responsibilities | Role |
|---|---|
| Ensure our service meets its obligations under the Education and Care Services National Law and Regulations, including to take every reasonable precaution to protect children from harm and hazards likely to cause injury, and to ensure that children are adequately supervised at all times they are in our care. | Approved Provider Nominated Supervisor |
| Ensure that no child in our care is subjected to any form of corporal punishment or any discipline that is unreasonable | Approved Provider Nominated Supervisor |
| Ensure that the nominated supervisor/s and staff who are in day-to-day charge at the service have successfully completed child protection training. | Approved Provider |
| Ensure that nominated supervisors, staff who work directly with children, volunteers and students are aware of child protection laws, how they apply and any obligations they have under them. | Approved Provider |
| Keep staff records in accordance with the Regulations, including evidence of child protection training and evidence of current working with children/vulnerable people checks. | Approved Provider |
| Not allow anyone who is an unauthorised to be at our service unless they are being directly supervised by an educator or another staff member. | Approved Provider Nominated Supervisor |
| Not allow educators who are under 18 years old to work alone and ensure that they are adequately supervised by an educator who is over 18 years old. | Approved Provider |
Ensure that our service has policies and procedures in place for a child safe environment that address specific areas set out in the National Regulations - i.e., among other relevant policies and procedures, this Child Protection Policy and Procedures and the Child Safe Policy need to be in place. Ensure our service’s operations, practices, policies and procedures comply with NSW Child Safe Standards | Approved Provider |
Take reasonable steps to ensure that nominated supervisors, staff and volunteers follow, and can easily access, the Child Protection Policy and Procedures, including by:
The Policy and Procedures must also be available for inspection. | Approved Provider (ultimate responsibility) Nominated Supervisor |
Notify families at least 14 days before changing this Child Protection Policy and Procedures if the changes will:
| Approved Provider |
| Ensure all incident, injury, trauma and illness records are confidentially stored until the child is 25 years old, in accordance with our Record Keeping and Retention Policy. Records relating to child abuse should be stored for at least 45 years from the date the record was created. | Approved Provider (ultimate responsibility) Nominated Supervisor |
| Implement the Child Protection Policy and Procedures. | Nominated Supervisor |
| Be aware of legal obligations, and understand and follow the Child Protection Policy and Procedures. | Educators Volunteers |
| Approved Provider (ultimate responsibility) Nominated Supervisor |
| Ensure that procedures are appropriate in practice to our service, identify risks and hazards, and any potential improvements to make to the Child Protection Policy and Procedures. Report any issues to the appropriate staff member (either approved provider, nominated supervisor, or educators). | Approved Provider Nominated Supervisor Educators and Other Staff Families |
| Approved Provider (ultimate responsibility) Nominated Supervisor |
| Ensure that the layout/design of the premises allows for supervision but with regard to rights and dignity of children in our care. | Approved Provider |
Ensure our service responds in accordance with regulations, and our policies and procedures, if any incidents occur (see also our Incident, Injury, Trauma and Illness Policy). Ensure our service meets its reporting obligations under state/territory/national laws and regulations (see ‘Procedure for making a report’ section in this Policy) | Approved Provider (ultimate responsibility) Nominated Supervisor |
| Be aware of requirements, and follow our policies and procedures, if any incidents (see also our Incident, Injury, Trauma and Illness Policy). | Nominated Supervisor Educators and Other Staff Families |
Sources
Children’s Guardian Act 2019
Child Protection (Working with Children) Act 2012
Children and Young Persons (Care and Protection) Act 1998
Commission for Children and Young People Act 1998
Education and Care Services National Law Act 2010
The Australian Royal Commission into Institutional Responses to Child Sexual Abuse 2017
The National Model Code for Early Education and Care 2024
ChildStory Reporter website NSW Government (includes Mandatory Reporting Guide)
Education and Care Services National Law and Regulations
Office of the Children’s Guardian
Keeping Children and Young People Safe -: a shared community responsibility: ACT Community Services
National Quality Standard
QLD Blue Card Services: Child and Youth Risk Management Strategy Toolkit
Complaint Handling Guide: Upholding the rights of children and young people, Australian Government, National Office for Child Safety
Centre Support
National Child Safe Standards
NSW Early Learning Commission
South Australian Government’s Guide to problem sexual behaviour in children and young people
Indicators of harm, abuse and neglect
There are many indicators of harm, abuse and neglect of children, and harmful sexual behaviour in children. Behavioural or physical signs which assist in recognising harm to children are known as indicators. The following is a guide only. One indicator on its own may not imply abuse or neglect. However, a single indicator can be as important as the presence of several indicators. Each indicator needs to be considered in the context of other indicators and the child’s circumstances. A child's behaviour is likely to be affected if he/she is under stress. There can be many causes of stress and it is important to find out specifically what is causing the stress. Abuse and neglect can be single incidents or ongoing, and may be intentional or unintentional.
General indicators of harm, abuse and neglect
Marked delay between injury and seeking medical assistance
History of injury
The child gives some indication that the injury did not occur as stated
The child tells you someone has hurt him/her
The child tells you about someone he/she knows who has been hurt
Someone (relative, friend, acquaintance, sibling) tells you that the child may have been abused
Indicators of neglect
Neglect is the failure to provide the basic necessities of life. It is typically regarded as an act of omission or commission, and as such may or may not be intentional. Neglect is potentially serious and can have long-term developmental consequences for children.
| In children | In young people | In parents and caregivers |
|---|---|---|
| Physical | Physical | Physical |
Low weight for age and/or failure to thrive and develop. Poor primary health care (e.g., untreated sores, serious nappy rash, significant dental decay). Poor standards of hygiene (i.e., child consistently unwashed, bad odour). Poor complexion and hair texture. | Poor standards of hygiene and self-care. | May have poor standards of hygiene and self-care. |
| Social/Psychological | Social/Psychological | Social/Psychological |
Child not adequately supervised for their age. Scavenges or steals food. Focus is on basic survival. Longs for or indiscriminately seeks adult affection. Displays rocking, sucking, head-banging behaviour. Poor school attendance. | Stays at the homes of friends and acquaintances for prolonged periods, rather than at home. Cannot access adequate self- care resources such as washing facilities and food. Poor school attendance. | Unable/unwilling to provide adequate food, shelter, clothing, medical attention, safe home conditions. Leaves the child without appropriate supervision. Abandons the child. Withholds physical contact or stimulation for prolonged periods. Unable or unwilling to provide psychological nurturing – low-warmth parenting. Has limited understanding of the child’s needs Has unrealistic expectations of the child. |
Indicators listed for children may also be evident in young people.
Indicators of physical abuse
Physical abuse is harm to a child or young person that is caused by non-accidental actions of a parent or other person responsible for their care. Physical abuse is often a particularly visible form of child maltreatment. Acts such as beating, shaking, biting, deliberate burning with an object, attempted strangulation and female genital mutilation are a range of examples of physical abuse or ill treatment.
| Child | Young person | Parents or caregivers |
|---|---|---|
| Physical | Physical | Physical |
Bruises on face, head or neck, other bruises or marks which may show the shape of the object that caused it. Lacerations and welts. Head injuries where the infant may be drowsy or vomiting, or have glassy eyes, fixed pupils or pooling of blood in the eyes suggesting the possibility of having been shaken. Adult bite marks and scratches, bone fractures, especially in children under three years old. Dislocations, sprains, swelling, burn marks and scalds, multiple injuries, or bruises. Child’s explanation inconsistent with injury General indicators of female genital mutilation. | Abdominal pain (may be caused by ruptured internal organs). Ingestion of poisonous substances, alcohol or drugs, lacerations, welts bruising, burn marks. Unspecified internal pains. Frequent visits with child to health or other services with unexplained or suspicious injuries, swallowing of non-food substances or internal complaints. Explanation of injury is not consistent with the visible injury. | |
| Social/Psychological | Social/Psychological | Social/Psychological |
Wears clothing that is inappropriate to the weather conditions, to conceal injuries. Fears adults. Is aggressive, lacks empathy. | Aggressive and violent behaviours toward others, particularly younger children. Explosive temper that is out of proportion to precipitating event. Constantly on guard around adults, cowers at sudden movements, unusual deference to adults. | Family history of violence. History of their own maltreatment as a child. Fears injuring their child. Uses excessive discipline. |
Indicators listed for children may also be evident in young people.
Indicators of sexual abuse
Sexual abuse is any sexual act or threat to a child or young person that causes them harm, or to be frightened or fearful. It covers non-contact forms of harm, such as flashing, having a child or young person pose or perform in a sexual manner, exposure to sexually explicit material or acts (including pornographic material) and a communication of graphic sexual matters (including by email and SMS). Contact forms of harm can include a range of contact behaviours including kissing, touching, or fondling the child or young person in a sexual manner, penetration of the vagina or anus either by digital, penile or any other object or coercing the child to perform any such action themselves or anyone else.
| Child | Young person |
|---|---|
| Physical | Physical |
Bleeding from the vagina, external genitalia or anus tears or bruising to the genitalia, anus, or perineal regions. Trauma to the breasts, buttocks, lower abdomen, or thighs including bite/burn marks. Sexually transmitted disease. | Adolescent pregnancy, and/or reluctance to identify father of child. |
| Social/Psychological | Social/Psychological |
Direct or indirect disclosures. Describes sexual acts with age-inappropriate knowledge. Age-inappropriate behaviour and/or persistent sexual behaviour. Self-destructive behaviour, drug misuse, suicide attempts, self-mutilation. Runs away from home persistently. Eating disorders. Goes to bed fully clothed. Regression in developmental achievements in younger children. Has contact with a known or suspected paedophile. Unexplained money and gifts. | Poor self-esteem. Runs away from home, homelessness. Particularly negative reaction to adults of only one sex. De-sexualisation (e.g., wearing baggy clothes in order to disguise gender). Artwork or creative writing with obsessively sexual themes. Sexually provocative behaviour. Engaging in/talking about violent sexual acts. Knowledge about practice and locations usually associated with prostitution. Risk-taking behaviours – self harm, suicide attempts. Contact with a known or suspected paedophile. |
In non-offending parent,caregivers or others | In perpetrator |
|---|---|
| Social/Psychological | Social/Psychological |
Defers to partner. May minimise disclosure. | Controlling attitude and behaviour to children and/or partner. Inappropriately curtails child’s age - appropriate development of independence from the family. Overly critical of adult partner. Defends against accusations by claiming the child or young person is lying. Encourages/tolerates sexualised behaviour between family members. Exposes child or young person to prostitution or pornography or uses a child or young person for pornographic purposes. Intentionally exposes child or young person to the sexual behaviour of others. Committed/been suspected of child sexual abuse or child pornography. Coerces child or young person to engage in sexual behaviour with other children and young people. Verbal threats of sexual abuse. Family denies adolescent pregnancy. |
Indicators listed for children may also be evident in young people.
Indicators of psychological harm
Psychological harm is serious harm caused by the psychologically abusive behaviour of a parent or other caregiver. Serious psychological harm can occur where the behaviour of their parent or caregiver damages the confidence and self-esteem of a child or young person, resulting in serious emotional deprivation or trauma.
Serious psychological harm can lead to significant impairment of a child’s or young person’s social, emotional, cognitive, intellectual development and/or disturbance of a child’s or young person’s behaviour.
Although it is possible for ‘one-off ’incidents to cause serious harm, in general it is the frequency, persistence and duration of the parental or carer behaviour that is instrumental in defining the consequences for the child. Additionally, individual child factors can mediate the impact of psychological harm – such as age, intelligence, resilience, and the nature of support the child receives from others.
| Child | Young Person | Parent or Caregiver |
|---|---|---|
| Social/Psychological | Social/Psychological | Social/Psychological |
Feels worthless about life and themselves. Unable to value others or show empathy. Lacks trust in people. Lacks interpersonal skills necessary for age-appropriate functioning. Extreme attention seeking. Takes extreme risks, is markedly disruptive, bullying, or aggressive. | Avoids all adults Is obsessively obsequious to adults. Has difficulty maintaining long- term significant relationships. Is highly self-critical Is depressed, anxious, other mental ill-health indicators. Is self-harming. Attempts suicide. | Constantly criticises, belittles, teases a child or young person. Ignores or withholds praise and affection. Excessively criticises a child in comparison to child’s peers. Is persistently hostile and verbally abusive, rejects and scapegoats. Makes excessive or unreasonable demands. Believes that a particular child or young person is bad. Uses inappropriate physical or social isolation as punishment. Domestic violence involvement such as where weapons are used, significant threats made. |
Indicators listed for children may also be evident in young people.
Indicators of domestic violence
Domestic violence is any abusive behaviour used by a person in a relationship to gain and maintain control over their intimate partner. It can include a broad range of abusive and intimidatory behaviour causing fear and physical and/or psychological harm. Domestic violence can be physical assault, sexual assault, or psychological abuse. It may also include behaviour such as restricting a partner’s or child’s social contact and financial deprivation.
| Child | Young Person |
|---|---|
| Physical | Physical |
Preterm and low birth weight baby. Slow weight gain in infants. Difficulties with sleeping/eating. Unexplained physical injuries. | Unexplained physical injuries. Eating disorders, such as anorexia and bulimia. Uses alcohol and drugs. Psychosomatic complaints. Higher rates of genital tract infection. |
| Social/Psychological | Social/Psychological |
Defiant at school, particularly with female teachers. Aggressive or violent behaviour. Over-protects mother or fears leaving mother at home. Poor concentration. Constantly fights with peers. Frequently absent from school. Clingy, dependent, sad, and secretive. Regressive behaviour. Delayed or problematic language. Development. Stealing. | Depressed. Suicide attempts. Takes extreme risks. Physically and verbally abusive. Abuses siblings, parents, peers. Sexually abusive. Frequently absent from school and poor academic achievement. Disruptive homeless or stays away from home for prolonged time. Socially isolated. |
In parents and caregivers –adult victims | In parents and caregivers –adult victims |
| Physical | Physical |
Injuries do not fit the cause/history given. Bite marks. Unwanted pregnancy or sexually transmitted infection through coerced sex/refusal to use contraceptives. Bruising /other injuries, especially if pregnant. Unexplained miscarriage or stillbirth. Nutritional/sleep deprivation or disorders Alcohol and drug abuse. Psychosomatic complaints. | Physical signs of the victim fighting back, such as facial scratches and injuries to hands. |
| Social/Psychological | Social/Psychological |
Anxious, depressed. Suicidal thoughts and attempts. Low self-esteem. Socially isolated. Submissive and withdrawn. Repeat/after-hours presentations at emergency departments. Seldom/never makes decisions without referring to partner. Fears reprisal. Frequent absences from work/studies. | Presents as the victim of abuse, discrimination, or allegation of abuse. Admits to some violence but minimises its frequency and severity. Visible rough handling of victim/children/pets. Impresses as overly concerned about suspected victim. Threatens to commit acts of violence. Is unable to control angry outbursts. Always speaks for partner/children. Believes he ‘owns’ partner/children. Describes partner as incompetent or stupid. Holds rigidly to stereotypical gender roles. Jealous of partner, lacks trust in her or anyone else. Does not allow partner or child to access service providers alone. |
Indicators listed for children may also be evident in young people.
Indicators of Emotional Abuse
Emotional Abuse in children occurs when an adult harms a child’s development by repeatedly treating and speaking to a child in ways that damage the child’s ability to feel and express their feelings.
| Some examples of Emotional Abuse | Indicators of Emotional Abuse |
|---|---|
Constant criticism, belittling, teasing of a child or ignoring or withholding praise and affection Excessive or unreasonable demands Persistent hostility, severe verbal abuse, rejection, and scapegoating Belief that a particular child is bad or “evil” Using inappropriate physical or social isolation as punishment Exposure to domestic violence | Feeling of worthlessness about them Inability to value others Lack of trust in people and expectations Extreme attention seeking behaviours Other behavioural disorders (disruptiveness, aggressiveness, bulling) |
Indicators listed for children may also be evident in young people.
Indicators of grooming in children
Undue attention paid to a child by an adult- including gifts or special outings together
Inappropriate touching such as tickling and back rubbing
Inappropriate joke telling, sexual in nature
Emotional or behavioural changes- including the abrupt onset of mood swings, secretive behaviour or
Withdrawal
Indictors of grooming in older children and teens
Perpetrator allows or encourages rule breaking such as smoking, drinking, staying out late
Perpetrator identifies with the adolescent and appears to be someone who 'understands'
Perpetrator communicates with adolescent outside normal role (i .e. coach or teacher).
The effects of grooming can often be mistaken for normal 'teenage' behaviour such as aggressive or secretive behaviour, unexplained gifts or money, a marked change in behaviour and increased permissiveness
Disclosure of harm, abuse or neglect
A disclosure of harm, abuse or neglect occurs when someone, including a child, tells you about harm, abuse or neglect that has happened, is happening, or is likely to happen to a child. Disclosures of harm may start with:
I think I saw…‖
Somebody told me that…‖
Just think you should know…‖
I‘m not sure what I want you to do, but…‖
Child’s name ________________________________
Name of the person who made the disclosure______________________________
Are they related to the child? Yes No
If yes, what is the relationship? ________________________________________________________
What did the person disclose? Try to use the exact words they used. Use “I said” “they said” statements, include any questions you asked and comments you made
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________
What date did the person make the disclosure? ________________ What time_______AM/PM
Where did the disclosure occur? _______________________________________________________
Was anyone else present during the disclosure? Yes No
If yes what is/are their name, role and employer?
_______________________________________________________________________________________________________________________________________________________________
Have you followed the procedure in the Child Protection Policy and Procedure for making a report? Yes No
Describe the actions you have taken following the disclosure
________________________________________________________________________________________________________________________________________________________________
_________________________ __________________________________
Name of person completing form Signature of person completing form
Date ____________ Time ________ AM/PM
Suspicion of harm, abuse or neglect
Staff, volunteers and students may suspect harm, abuse or neglect if:
a child says they have been harmed, abused or neglected
someone else, for example another child, a parent, or an employee, says harm, abuse or neglect has occurred or is likely to occur
a child says they know someone who has been harmed, abused or neglected (it is possible that they may be referring to themselves)
they are concerned at significant changes in the behaviour of a child, or the presence of new unexplained and suspicious injuries
they see the harm, abuse or neglect happening.
Child’s name __________________________________________________________________
Why do you suspect harm, abuse or neglect? Try to use the exact words a child or someone else uses if relevant. Provide as much detail as possible
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________
If relevant, what date did the person say something? _______________What time______AM/PM
Have you followed the procedure in the Child Protection Policy and Procedure for making a report? Yes No
Describe the actions you have taken because of your suspicion
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________
____________________________________. _______________________________
Name of person completing form Signature of person completing form
Date ______________________________ Time _______________________ AM/PM
Reporting Suspicion of Harm, Abuse or Neglect
Name of child or young person: ________________________________________________________
Age:_______________________ Date of Birth:___________________________________
Is the child Aboriginal or Torres Strait Islander: No Yes, Aboriginal
Yes, Torres Strait Islander Yes, Both
Child’s cultural background: ___________________________________________________________
Language(s) spoken: _________________________________________________________________
Religion: _________________ Other cultural factors: ____________________________
Name and Age of other household children or young people: ________________________________
__________________________________________________________________________________
Address of child and family: ___________________________________________________________
__________________________________________________________________________________
Child Care Centre details: _____________________________________________________________
__________________________________________________________________________________
Does this child have a disability: Yes No (If yes please describe) _____________________________ ____________________________________________________________________________________________________________________________________________________________________
Is the child or young person subject of an Apprehended Violence Order?: Yes No
(If yes please describe)
____________________________________________________________________________________________________________________________________________________________________
Is the child or young person under the care of the Minister or residing in out-of-home care? Yes No (If Yes please provide details)
____________________________________________________________________________________________________________________________________________________________________
Family Information
Name of parents/carer and household adults: ____________________________________________
Age of parents/carer and household adults: ______________________________________________
Home Phone Number: ______________ Mobile Numbers:__________________________________
Parent’s cultural background: _________________________________________________________
Language(s) spoken: _________________________________________________________________
Religion: _________________ Other cultural factors: ______________________________________
Information about parental risk factors and how they link to child’s risk of harm: ________________
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Please indicate if any of the following are involved in relation to the Family:
Domestic Violence: Yes No
Alcohol or other drug misuse: Yes No
Unmanaged Mental Illness: Yes No
Intellectual or other disability: Yes No
Protective factors and family strengths: _________________________________________________
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Non-offending carers’ capacity to protect child: ___________________________________________
____________________________________________________________________________________________________________________________________________________________________
Any previous suspicious death of a child or young person in the household?: ___________________
____________________________________________________________________________________________________________________________________________________________________
Is the parent/carer pregnant?: _________________________________________________________
Description of family structure (e.g. biological parents, single parent, blended family): ____________________________________________________________________________________________________________________________________________________________________
Name, age, and gender of siblings: _____________________________________________________
__________________________________________________________________________________
Do siblings live with the child or young person?: Yes No
Reporter Details:
Name: ____________________________________________________________________________
Centre Name: ______________________________________________________________________
Centre Address: ____________________________________________________________________
Contact Phone Number: _____________________________________________________________
Centre Email address: _______________________________________________________________
Position within centre: _______________________________________________________________
Reason for reporting today: ___________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Nature of contact with child or family: __________________________________________________
Nature of ongoing role with child or family (include frequency, duration, and type): ______________
____________________________________________________________________________________________________________________________________________________________________
If report is being made by someone else in the centre, include name of centre worker who sourced the report: _________________________________________________________________________
Other Information:
Services involved with child/family if known: _____________________________________________
Principal language of family: __________________________________________________________
Is an Interpreter required: Yes No
Does the parent know of this report: Yes No (If yes include details of their response): __________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Does the child or young person know of this report: Yes No (If yes include details of their views): __________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Are there any issues related to worker safety: Yes No (if yes include details): __________________________________________________________________________________
__________________________________________________________________________________
Outcome of Mandatory Reporter Guide (MRG): ___________________________________________
__________________________________________________________________________________
Once a report has been made to the Child Protection Helpline no further report needs to be made unless new information comes to hand. Please attach copy of decision report from the online Mandatory Reporter Guide to this information and keep on file for future reference.
Date breach occurred ______________________ Time breach occurred __________________
Location of breach __________________________________________________________________
Name of person(s) involved in the breach
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Description of the breach
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Immediate action taken
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
If no action taken – reason
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________________
______________________________________________________________________________
___________________________ ______________________________
Name of person completing form Signature of person completing form
Date _____________________ Time __________ AM/PM
____________________________________. _____________________________
Authority breach reported to (if relevant) Name of person reported to
Register of child protection concerns: Click to type service name
SE number: Click to type SE number
Provider name: Click to type provider name
PR number: Click to type provider number
This register supports consistent documentation, monitoring and appropriate follow-up of matters relating to the safety and wellbeing of children, while they are attending early education and care services.
How to use this register
Compliance requirements (Regulation 168(2)(h)(iii))
At a minimum, this register must record all child safety and child protection reports made to:
NSW Office of the Children’s Guardian (OCG)
NSW Department of Communities and Justice (DCJ)
NSW Early Learning Commission
NSW Police
This includes all suspicions, allegations or disclosures of child abuse, neglect or harm that are reported in accordance with the NSW Early Learning Commission’s reporting guide and relevant legislation. It also includes notifications made in relation to serious incidents (Section 174), inappropriate conduct (Section 166A) and negative notices (Section 174AB).
Remember when making your reports to the various agencies to ensure you receive a reference number.
Best-practice use of this register
To strengthen child safety and child protection practices, support timely responses and enable effective pattern-spotting or trend monitoring, services are encouraged to also record any concerns about a child that may not meet the threshold for mandatory reporting but are relevant to ongoing risk assessment (e.g., changes in behaviour, unexplained injuries, concerning observations).
Ongoing review and follow-up
Review the register regularly to monitor for patterns, repeated concerns or emerging risks.
Ensure appropriate follow-up, support, escalation or reporting occurs as required.
Maintain the register in line with the service’s policies and procedures to ensure confidentiality, accountability and compliance with protected disclosure provisions.
The service’s child safe environments policy and procedures should clearly outline responsibilities for maintaining, storing and reviewing the register to ensure confidentiality and accountability (and considering protected disclosure provisions) and that any trends or patterns of behaviour evident in the register are identify and addressed.
| Date concern raised | Reporter/ Person who raised concern | Description or area of concern | Child/ Children at risk | Notification or reference number(s) | Outcome of report/ notification | Actions taken by approved provider or relevant person | Other relevant information |
|---|---|---|---|---|---|---|---|
| Include relevant details of the person who raised the concern. This could include children, staff, managers, parents/carers and/or others, as appropriate. | Short summary of the incident or area of concern. | Include relevant details of child or children, as appropriate. This includes name and DOB. | Include details on reports made to relevant agencies, including the NSW Police, NSW Early Learning Commission, NSW Office of the Children’s Guardian and NSW Department of Communities and Justice. MRG outcome could be recorded here in place of reference number where applicable. |
| Include details and dates for any actions taken or decisions made by the approved provider in relation to the child protection concern. For example if staff members have been stood down, if policy or procedural review has occurred, if further supports have been sent to families, and staff involved. | Include any other information relevant to the report or concern. including any incident reports or family communications. | |
