- Overview
- Definitions
- Teachers as Mandatory Reporters
- Descriptors of Abuse
- Indicators of Abuse
- Responding to a Disclosure of Abuse
- The Facts about Child Abuse
- Cyber Predators
- Mandatory Reporting Notification Procedure
- Non-Mandatory Reporting of Child Abuse
- The Role of the CPFS and WA Police
- Where to Go for Further Information
First created | 17 March 2015 |
Last reviewed | 24 June 2020 |
Review cycle | Two years |
Approver | Senior Leadership Team |
Owner | Projects Manager |
Stakeholders | Board, staff, students, parents |
Child Safety | National Principles 1-10 |
Overview #
Child Safe Statement #
We seek to provide a learning environment in which all students are protected from harm and places the highest possible priority upon the safety and nurturing of young people. The College expects all stakeholders to espouse this approach and to be aware of the Child Safe Framework.
Rationale and Scope #
- We believe that all children have the right to be protected from harm and that teachers owe a ‘duty of care’ to all students at the College. We have a special responsibility to protect children when they are on our campuses and to intervene when we believe the welfare of a child is at risk outside the College.
- We are responsible for providing a safe environment for children and for providing an educational environment and curriculum that foster their spiritual, emotional, physical, intellectual, and social health.
Attachments and References #
This policy should be read in conjunction with the following documents:
- Child Safe Framework
- Duty of Care (Primary) Policy
- Duty of Care (Secondary) Policy
- Identifying Child Abuse and Neglect
Since 1 January 2009, the Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act 2008 has been in effect and covers mandatory reporting of child sexual abuse in Western Australia. This amendment forms part of the Children and Community Services Act 2004.
Definitions #
- The Act means the Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act 2008.
- Child means:
- A person who is under 18 years of age, as defined in section 3 of the Act. In the absence of positive evidence as to age, a child is a person who appears to be under 18 years of age.
- Young people aged 18 years and over are considered to be adults and are not covered by the Act. However, we still owe a duty of care to all students enrolled at the College. In these instances, Police should be informed of any assault or crime against a young person.
- CPFS means the Department of Communities, Child Protection and Family Support, and is the agency responsible for administering the Act and associated legislation.
- Critical Incident (Reportable Incident) means an event in which there is a high likelihood of traumatic effects or evoking unusual or unexpectedly strong emotional reactions which have the potential to interfere with the ability of an individual to function either at the time of the event or later. All incidents as defined below are considered Reportable Incidents and require Critical Incident reporting. Mandatory or Non-Mandatory Reporting procedures as detailed in this policy apply for circumstances 5-6. Procedures for circumstances 1-4 are outlined in our Emergency Management Plan. These circumstances may include:
- the death of a student or staff member at school or during a school-related activity, or following an incident at school or during a school-related activity;
- an accident involving injury, illness, or trauma to a student or staff member at school or during a school-related activity requiring ambulance or hospital admittance;
- an incident requiring a police or other emergency services response when a student appears to have been taken or removed, or goes missing and cannot be accounted for, from the school or from a school-related activity without proper authority;
- an incident requiring the school to be locked down, or to evacuate staff and students, or reduce the number of students or staff attending, or to close for any duration for health or safety reasons;
- the receipt of a complaint or allegation of child abuse, including, but not limited to, sexual abuse, committed against a student, whether the abuse is alleged to have occurred recently or in the past:
- by a staff member or another student; or
- by another person on the school premises or during a school-related activity;
- issuing a formal warning to or ceasing the employment of a staff member for a breach of the Code of Conduct suspected to have involved grooming behaviour.
- Mandatory Reporter in Western Australia means people in the following professions in both government and non-government sectors:
- teachers
- doctors
- nurses and midwives
- police officers.
- Non-Mandatory Reporter in Western Australia means people who work with children in schools such as education assistants, chaplains, school psychologists, etc. These are people who are considered to have a substantial knowledge of the children in their care and can be included in the consultative process with the teacher in the case of sexual abuse. However, all people working with children, whether Mandatory Reporters or not, are expected to report reasonable beliefs about all forms of abuse.
- Sexual Abuse is defined in section 124A of the Act in relation to a child as including sexual behaviour in circumstances when:
- the child is the subject of bribery, coercion, a threat, exploitation, or violence; or
- the child has less power than another person involved in the behaviour; or
- there is significant disparity in the developmental function or maturity of the child and another person involved in the behaviour.
The Act is not intended to capture all sexual activity involving children and young people, reference should be made to consent laws in Western Australia.
- Teacher means:
- a person who, under the Western Australian Teacher Registration Board, is registered, provisionally registered, or has a limited authority to teach; or
- a person who is appointed under the School Education Act 1999 section 236(2) as a member of the teaching staff of a community kindergarten; or
- a person who provides instruction in a course that is mentioned in section 11B(1)(a), (b), or (e) of the Act and prescribed for the purpose of this definition; or
- a person who instructs or supervises a student who is participating in an activity that is part of an educational program of a school under an arrangement mentioned in the School Education Act 1999 section 24(1) and prescribed for the purposes of this definition.
Teachers as Mandatory Reporters #
- As one of the five professions required by law in Western Australia to act as a Mandatory Report, it is the responsibility of teachers to make a mandatory report, not the Principal.
- Teachers are, however, required to advise the Senior Leadership Team once a report has been made. Where the report concerns a member of the Senior Leadership Team, or the teacher has lost confidence in the Senior Leadership Team as a result of forming a belief, they may advise the Board directly.
Descriptors of Abuse #
- Child abuse and neglect is the maltreatment of a person under the age of 18 years. It is the result of action or inaction on the part of a person who has responsibility to care for a child resulting in harm or injury to the child. The harm may include delayed physical and/or intellectual development. The maltreatment experienced is normally described in five categories. Each category of maltreatment is described by a range of indicators. The five categories of abuse are:
- physical
- sexual
- emotional
- psychological
- neglect.
- Descriptions of these indicators have been taken from the CPFS for Child Protection website Identifying child abuse and neglect.
- Child abuse and neglect is defined through the CPFS as maltreatment done by a person who has responsibility to care for a child and this policy concentrates specifically on that relationship. However, it is very important to note that the definitions of maltreatment described can be used to explain some of the behaviour that can occur in schools by one child to another. While the treatment of such behaviour may be dealt with through the College’s Bullying and Countering Bullying or Discipline Policies, the victim of that ‘bullying’ may display some of the physical and behavioural indicators as those described in the following section of this policy. We treat these events seriously with the aim to help both parties.
- It is also important to note that the child who is bullying may be doing so because they have been subjected to the same inappropriate behaviour and may require assistance through this policy.
- Students aged 18 years and over may attend school but are legally considered adults. As such the CPFS does not have a child protection mandate for them. However, they can be considered potentially vulnerable and in need of specialist services, and we owe a duty of care towards them while they are enrolled. There are many youth-specific agencies available to assist these students. We will contact the Police when aware of any assault or crime against a young adult.
Physical Abuse #
- Physical abuse occurs when a child has experienced severe and/or persistent ill treatment.
- Physical abuse can include, but is not limited to, injuries such as cuts, bruises, burns, and fractures. These may be caused by a range of acts including beating, shaking, illicit administration of alcohol or other drugs, attempted suffocation, excessive discipline, or physical punishment.
Sexual Abuse #
- Sexual abuse covers a wide range of behaviours or activities that expose or subject a child to sexual activity that is exploitative and/or inappropriate to the child’s age and developmental level.
- Sexual abuse can include, but is not limited to, observation or involvement with inappropriate fondling of a child’s body, making a child touch an adult’s genitalia, showing pornographic material or sexual acts to a child, and sexual penetration of a child.
- Harm from sexual abuse may include significant emotional trauma, physical injury, infections, and impaired emotional and psychological development.
Emotional Abuse #
- Emotional abuse is a sustained, repetitive, inappropriate ill treatment of a child through behaviours including threatening, belittling, teasing, humiliating, bullying, confusing, ignoring, and inappropriate encouragement.
- Children who have been emotionally abused are likely to have a reduced capacity to experience a range of emotions, to express emotions appropriately, and to module their emotional experience.
- Children who have been emotionally abused are likely to be fearful, withdrawn, resentful, distressed, and/or despairing.
Psychological Abuse #
- Psychological abuse is the sustained, repetitive, inappropriate ill treatment of a child through behaviours including threatening, isolating, neglecting, discrediting, misleading, disregarding, ignoring, and/or inappropriate encouragement.
- Psychological abuse damages a child’s intellectual faculties and processes, including intelligence, memory, recognition, perception, attention, imagination, and moral development.
- Children who have been psychologically abused are likely to feel worthless, flawed, unloved, unwanted, endangered, or only of value when meeting another’s needs.
Neglect #
- Neglect is the failure of a parent or caregiver to provide a child with the basic necessities of life. These include adequate supervision, adequate food and shelter, suitable clothing, effective medical, therapeutic, or remedial care, and emotional security.
- Neglect can be acute, chronic, or episodic, and can result in detrimental effects on a child’s psychological, educational, or physical development, and/or result in physical injury.
- Neglect should be considered in the context of physical, emotional, or psychological abuse
Indicators of Abuse #
The following list of indicators is not exhaustive but contains those that will be of most use to staff.
Students frequently show indicators from more than one category, so the examples listed are not necessarily exclusive to a single category of abuse. Any of these indicators may suggest that a student is being abused, neglected, or at risk of harm; however, they should be considered in the context of the student’s age, medical and development history, and capabilities. In addition, mental illness, substance abuse, and domestic violence within families must also be considered.
Physical Abuse #
Indicators of physical abuse may include:
- broken bones or unexplained bruises, burns, or welts in various stages of healing;
- the child is unable to explain an injury or explanations given are inconsistent, vague, or bizarre;
- direct admissions from parents that they are concerned that they might harm their child;
- family history of violence;
- marked delay between injury and obtaining medical assistance;
- parent who shows little concern about the welfare of their child or the treatment and care of injuries;
- repeated presentations of the child to health services with injuries, ingestions, or minor complaints (this could also be an indicator of Factitious Disorder by proxy, a rare expression of physical and emotional abuse);
- the child is unusually frightened of a parent or caregiver, or is afraid to go home;
- the child reports intentional injury by their parent or caregiver;
- arms and legs are kept covered by inappropriate clothing (e.g. in warm conditions);
- ingestion of poisonous substances including alcohol or drugs;
- avoidance of physical contact by the child, particularly with a parent or caregiver.
Sexual Abuse #
Indicators of sexual abuse may include:
- sexualised behaviours inappropriate to their age, including sexually touching other children and themselves;
- knowledge of sexual behaviour inappropriate to their years;
- disclosure of abuse either directly or indirectly through drawings, play, or writing that describes abuse;
- pain or bleeding in the anal or genital area with redness or swelling;
- fear of being alone with a particular person;
- child implies that he or she is required to keep secrets;
- presence of sexually transmitted disease;
- sudden unexplained fears;
- enuresis and/or encopresis (bed-wetting and bed soiling)
Emotional or Psychological Abuse #
Signs of emotional or psychological abuse are often similar and may include:
- the parent or caregiver constantly criticises, threatens, belittles, insults, or rejects the child with no evidence of love, support, or guidance;
- the child exhibits extremes in behaviour from overly aggressive to overly passive;
- delayed physical, emotional, or intellectual development;
- compulsive lying and stealing;
- high levels of anxiety;
- lack of trust in people;
- feelings of worthlessness about life and themselves;
- eating hungrily or hardly at all;
- uncharacteristic seeking of attention or affection;
- reluctance to go home;
- rocking, sucking thumbs, or self-harming behaviour;
- fearfulness when approached by a person known to them.
Neglect #
Signs of neglect may include:
- signs of hunger, malnutrition, begging, stealing, or hoarding food;
- poor hygiene (e.g. matted hair, dirty skin, or severe body odour);
- unattended physical or medical problems;
- the child states that no one is home to provide care (e.g. inadequate supervision, failure to ensure safety);
- child appears to be constantly tired;
- frequent lateness to school or absence from school;
- inappropriate clothing, especially inadequate clothing in winter;
- alcohol and/or drug abuse present in the household;
- frequent illness, low grade infections, or sores.
Responding to a Disclosure of Abuse #
Techniques for Responding to a Disclosure #
There may be times when a child makes a disclosure of abuse. Staff should be aware of the immediate needs of these children and should be familiar with the following techniques for managing such circumstances:
- Use ‘protective interrupting’ if a child begins to disclose in class or in a public area to protect them from sharing the information with too many other people by:
- acknowledging that you have heard them and stopping them from disclosing any further;
- being supportive and gently indicating that they might tell you about it in a more private (though not isolated) situation; and
- quietly arranging to see them as soon as possible, in a situation away from other situations.
- Establish clear limits on confidentiality by telling the child that a report will be made to a person who will be able to provide help and protection, and that you will help them throughout the process.
- Put your own feelings aside and listen as if the information is not sensational.
- Provide assurance that you believe the child, that it is right to tell, and not to think that they are to be blamed or judged.
- Refrain from making judgements about what the child describes.
- Listen to the child in a private (though not isolated) location within the school.
- Be supportive and understanding.
- Be empathetic to the child’s feelings.
- Acknowledge that it is difficult to talk about such things.
- Try to identify the child’s fears.
- Let the child tell the event in his or her own words.
- It is acceptable to let the child know if you are unable to answer any of their questions.
- If you have established that the child has been harmed or is at risk of being harmed, do not pursue the conversation any further. This is important to ensure that questions cannot be raised later about possible manipulation of the disclosure.
- Ensure the child is aware that they have the option of support during any agency interview which may come up and reassure them of the availability of continuing support.
- Document the conversation that you have had, remembering as accurately as you can any words and phrases used by the child to describe what has happened.
- Document the disclosure and any subsequent discussions or actions.
- Explain what will happen next.
- Pray with, and for, the child.
- Try to stay with the child after the disclosure to provide a sense of security until necessary steps have been taken to ensure their safety and support.
What to Avoid During a Disclosure #
- Staff must be mindful that they:
- do not push for details or conduct an investigation – other agencies have this responsibility;
- do not express judgement of the child, perpetrator, or family;
- never get angry, upset, or show shock;
- never ask questions that may make the child feel guilty or inadequate;
- never ask leading questions (e.g. ‘Did Daddy hit you?’);
- do not put words in the child’s mouth or interrogate as this could jeopardise the interviewing process of the CPFS and Police;
- do not promise not to tell when there are clear limits on confidentiality;
- never make false promises;
- do not give a lecture about right and wrong;
- never say, ‘Forget it’, ‘You’ll get over it’, or other such minimalising statements;
- do not give excessive pity;
- respect the confidentiality of the disclosure and do not share the information with anyone other than the Principal and either the CPFS or Police. This includes not engaging in general staffroom discussion about the disclosure.
- Staff must be aware that a disclosure can arouse in them strong feelings of shock, anger, and helplessness. It is important to control these feelings; they can be worked through after the disclosure.
Children Left at the College #
- It is imperative that the College exhausts all avenues in attempting to contact the child’s family and any emergency contacts.
- In some cases, the Principal may decide to drive the child home to establish contact with the family. It would be wise in some circumstances for the Principal to ask a staff member to accompany them (e.g. a male Principal taking home a child should ask a female staff member to accompany him).
- If the College is unable to make any contact with the child’s family, the Principal should contact the Local District Office of the CPFS and explain it is an emergency. After hours, the Crisis Care Line, also operated by the CPFS, is to be contacted.
The Facts about Child Abuse #
- Children are more often abused by a parent or carer. Adults who were abused as children are at greater risk of developing psychological and emotional problems later in life and repeating the pattern of abuse with their own children.
- A child abuser can be a member of the family or someone close to the family of the child (e.g. church member, teacher, community group leader). A child abuser usually spends a lot of time grooming the child, with the child being made to feel that they are in some way complicit in the acts, thus making disclosure a difficult process.
- On the whole, abusers are the least obvious people in our community. Many child sex abusers, for example, hold positions of trust within the community with easy access to children and their families. Occupations that some convicted child sex offenders have held include bus driver, entertainer, teacher, scout leader, librarian, principal, church leader, and judge.
- Of the thousands of instances of abuse reported to the Royal Commission, the most common perpetrators were persons in religious ministry or teachers (Royal Commission 2017).
- Emotional abuse was the most common type of abuse (59% of cases) or neglect that was substantiated through investigations. This was followed by neglect (17%), physical abuse (15%), and sexual abuse (9%) (Australian Institute of Health and Welfare 2019).
- Girls were more likely to be the subject of sexual abuse than boys. This is consistent with recorded crime statistics for sexual assault. In contrast, boys had slightly higher percentages of substantiations for neglect and physical abuse (Australian Institute of Health and Welfare 2019).
- Two-thirds of all substantiations are for children aged 10 years and under (Australian Institute of Health and Welfare 2019).
Cyber Predators #
- As discussed above, the main perpetrators of child abuse are people that the child knows. However, the continuing popularity of the internet has given credence once more to the term stranger danger.
- The internet is one of the main sources of communication for children today, with the popularity of chat rooms, discussion groups, and interactive games. Unfortunately, it is also a very attractive place for predators to go as they can remain virtually anonymous whilst participating in a range of paedophilic activity.
- Cyber predators can pretend to be people other than themselves, and they find a sense of security by operating from the confines of their own home.
- Grooming children online with the intention to meet them in real life is an activity many cyber predators undertake.
- Cyber predators often set up bogus email accounts and handles (a nickname for a person using the internet) which protect their identity online.
- Children need to think carefully about a handle they choose. Handles such as *Angel-Babe*, *Sweet-Sixteen*, and *SexyKid* appear harmless on the surface; however, they can attract the wrong attention. Cyber predators are often attracted to people with these types of handles.
- Cyber predators may also erase the history of what they have done online form their personal computers, making it a lengthy task for authorities to charge them with an offence.
- Cyber predators conduct numerous activities online:
- swapping child pornography pictures in chat rooms or through email or P2P networks;
- swapping personal information of children that they have collected;
- participating in online communities with the intention of grooming children for personal sexual gratification or to meet them in person;
- forming networks with other paedophiles;
- trading techniques on how to avoid the authorities.
- The Police, in conjunction with AISWA, the CPFS, and the Catholic Education Office, have formed the Internet Safety Working Party. The aim of the working party is to implement strategies through schools and community networks to educate children and parents on safe internet behaviours.
- The working party has produced a DVD titled ‘Keeping Safe on the Internet’. The DVD features two presentations – one aimed at students aged 12-16 and the other specifically for parents. It is available online.
- The Criminal Code Amendment (Cyber Predators) Bill 2006 is the legislation in Western Australia that protects children under the age of 16, or that the offender believes is under the age of 16, from an adult who uses electronic communications with the intent to procure the child to engage in sexual activity, or to expose the child to any indecent matter.
- For further information on cyber predators visit:
Mandatory Reporting Notification Procedure #
A mandatory report is made when a Mandatory Reporter has formed a belief that child sexual abuse has occurred or is continuing to occur.
Mandatory Reporting Notification Procedure Flowchart #
Notification Steps #
Step 1
- The individual teacher makes observations and keeps notes of concerns that exist which have led them to the belief that a report may be necessary; or
- A student discloses sexual abuse.
- Note: It may assist teachers to think in terms of reporting a behaviour or a series of behaviours and concern(s) rather than reporting an individual family.
Step 2
- The teacher’s observations or the child’s disclosure should be discussed, in the first instance, with the Principal or, if it is not appropriate to speak to the principal, the CEO.
- The teacher and Principal may wish to consult with the Non-Government Schools Psychology Service and/or the College Chaplain.
- Note: It is vital to remember that confidentiality is paramount, and that disclosure of this information should only be discussed with those in the College who are required to know.
Step 3
- In cases of suspected sexual abuse, the teacher is the mandated reporter required to make a report to the CPFS through the Mandatory Reporting Service.
- Very important: To avoid interfering with any investigative process initiated by the CPFS or the Police, the Principal or teacher must seek advice from the CPFS or Police prior to informing the parent or caregiver of a concern of sexual abuse.
- CPFS: In cases of child sexual abuse the teacher will provide a written report to the CPFS Mandatory Reporting Service. The Mandatory Reporting Service will provide a feedback letter to the reporter outlining which CPSF local office is involved and what action has been taken. The Mandatory Reporting Service is required to forward all reports to the WA Police.
- CPFS is required to provide feedback to people making reports on child abuse. The Principal should seek undertakings from the CPFS that they will be kept informed within the bounds of confidentiality. The Principal’s initial contact with the CPFS will be through the Duty Officer at the Local District Office closest to where the child lives (all offices are listed in the White Pages). All calls from the school concerning students are taken very seriously and it may be appropriate if the emergency occurs after hours to explain to the switchboard operator that it is an emergency so that they can speak to the Duty Officer promptly. When reporting to the Duty Officer, note his or her name and position.
- Note: The Mandatory Reporting Service and the Duty Officer at the local CPFS office can also be used initially in a consultative role if either the Principal or the teacher is unsure of what action to take.
Step 4
- A Mandatory Report qualifies as a Critical Incident (see the Definitions for a full description). Once the Senior Leadership Team or Board have been notified that a Mandatory Report has been made, or that a teacher intends to submit a Mandatory Report, they are required to submit a Critical Incident Report using the appropriate Departmental form.
- Staff should be aware that the powers of the CPFS under the Act include:
- Apprehension of a child: Children in need of care and protection may be apprehended (taken into custody) without warrant;
- Interviewing the child: CPFS officers have authority to interview the child at school before contact is made with the parents or caregiver – before doing so, the Principal or ‘person in charge’ at the school must be notified. The child should have the option of having support at the interview from a staff member of their choosing;
- Removal of a child from the school: CPFS officers may remove a child from the school if they have the permission of the parent or caregiver or if they have apprehended the child – the Principal should satisfy themselves that all conditions have been met before this occurs and document all conversations;
- Medical examinations: the CPFS may require that a medical examination occur as soon as possible so that bruising, marking, and other symptoms can be recorded for future reference. This would normally take place at either Perth Children’s Hospital or a Community Child Health Service Centre. This examination can only take place if permission has been obtained from the parent or caregiver or if the child has been apprehended (when parent or caregiver permission is not obtained).
- Police: The Police are also notified by the Mandatory Reporting Service of all reports of child sexual abuse.
- Parents/Caregivers: To avoid interfering with any investigative process initiated by the CPFS or the Police, the Principal and teacher must seek advice from the CPFS or Police prior to informing the parent or caregiver of a concern of sexual abuse.
Step 5
- If, following a report, a family approaches the College, it is recommended that any interview be conducted with a minimum of two College staff members present (e.g. the Principal and one other staff member) to provide support.
- In cases of child sexual abuse, the legislation provides protection for the person reporting. Disclosure of the reporter’s identity or identifying information to parents or any other party can incur a fine of $24,000 and two years’ imprisonment.
- Note: It is important to remember that the focus of the meeting should be the welfare of the child.
Step 6
- The Principal should undertake ongoing support for the teacher, the child, and anyone else affected.
- The need for ongoing support could be necessary as the teacher continues in their role with the student and the task of the CPFS may continue for an extended period.
Current Legislation #
- Since 1 January 2009, the Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act 2008 has been in effect and covers mandatory reporting of child sexual abuse in Western Australia. This amendment forms part of the Children and Community Services Act 2004.
- In Western Australia, the mandatory reporters of child sexual abuse are the following professions in both Government and Non-Government sectors:
- doctors;
- nurses and midwives;
- teachers;
- police officers.
When to Make a Report #
- Mandatory Reporters must report a belief, based on reasonable grounds in the course of their work, paid or unpaid, that child sexual abuse has occurred or is occurring. This means that teachers working outside of College grounds are also required to report when working in either a paid or unpaid capacity (e.g. tutoring, volunteer teacher at a youth centre, working as Sunday School teacher).
- Failure to make a report can incur the maximum penalty of $6,000.
- A Mandatory Reporter can form the necessary belief, based on reasonable grounds, by noting the presence of indicators, disclosures, injuries, signs, symptoms, and behaviours that heighten concerns about child sexual abuse. Please refer to the section on Indicators in this policy.
- Teachers may wish to consider the following questions to assist them in deciding if their belief is based on reasonable grounds:
- Can you describe the reasons why you believe a child has been, or is being, sexually abused?
- What has the child said or done to suggest they are being sexual abused?
- Have you observed, or been told about, the presence of any of the possible indicators of sexual abuse?
- Did the child disclose sexual abuse? What did they say happened? Who did they disclose to and when?
- What other behaviours have you observed and/or interactions with the child are of concern to you? What is the frequency and severity of these behaviours? How long has it been occurring?
How to Make a Report #
- A centralised Mandatory Reporting Service has been established to receive all reports of child sexual abuse in Western Australia. This service is operational 24 hours a day, 7 days a week.
- There are two ways to make a report:
- A verbal report is preferred in the first instance as it allows the Mandatory Reporting Service to ask clarifying questions and gather as much information as possible; however, it must be followed by a written report as soon as is practicable, usually within 24 hours. To make a verbal report, the Mandatory Reporting Service can be reached on 1800 708 704.
- Failure to follow up a verbal report with a written report as soon as is practicable may result in a fine of $3,000. A written report form can be downloaded from the Mandatory Reporting Service.
- If you do not have access to a computer, the form can also be mailed out to you. Once you have completed the written report, it can be returned using the following methods:
- By email: mrs@dcp.wa.gov.au
- By fax: 1800 610 614
- By post: PO Box 8146, Perth BC WA 6849
- Once you have lodged a report, you will receive an acknowledgement receipt. This receipt is proof that you have made a report, so it is important that you keep it.
- Once the report has been lodged, the Mandatory Reporting Service will assess the immediate risk to the child and determine the need for further child protection assessment and investigation. A copy of the report is sent to the WA Police. The Police will then decide whether they need to be involved on a case-by-case basis.
- The Mandatory Reporter will receive a feedback letter advising them of the District Office the report has been referred to, or whether no further action was recommended by the Mandatory Reporting Service.
- The Senior Leadership Team and/or Board will be informed when a mandatory report has been made and will be provided with the report number, date, and details in confidence. This will be securely stored by the CEO or Board Chairperson.
Confidentiality and Legal Protection #
- The identity of the reporter is required to be kept confidential, except in limited circumstances. Section 124F(2) of the Act protects a Mandatory Reporter’s identity from being disclosed. Disclosure of a Mandatory Reporter’s identity carries a maximum fine of $24,000 and two years’ imprisonment.
- There are exceptions where disclosure of a Mandatory Reporter’s identity is permitted. Even where disclosure is allowed, consideration will be given to ensuring the Mandatory Reporter’s safety has been taken into account. Examples of when a Mandatory Reporter’s identity may be revealed include:
- the Mandatory Reporting Service sending a copy of every written report to the WA Police;
- the WA Police may need to reveal a Mandatory Reporter’s identity in order to investigate or prosecute a suspected offence;
- a CPFS officer may need to reveal the Mandatory Reporter’s identity when certain child protection, family law, or adoption proceedings are taking place; or
- the Mandatory Provider may have provided written permission for their identity to be disclosed.
- Mandatory Reporters at the College are governed by a Code of Conduct that includes confidentiality and as such are protected from a breach of this Code if they make a mandatory report in good faith. The legislative requirements of the Act override internal College policies, professional codes, or confidentiality requirements.
- A Mandatory Reporter is also protected from liability. If a report is made in good faith, they will not incur any civil or criminal liability by making a report.
Information and Assistance #
- The CPFS is the agency responsible for administering the Act and associated legislation regarding the mandatory reporting of child sexual abuse.
- Each teacher has been provided a booklet entitled ‘A Guide for Mandatory Reporters’ through the Western Australian Teacher Registration Board. AISWA has also provided this booklet and a series of fact sheets to all staff working in independent schools that have attended the information session on mandatory reporting.
- Rehoboth teachers are required to undertake training as part of their induction upon commencement, and refresher training annually. Non-teaching staff are required to undertake training every two years.
- The Mandatory Reporting Service can also be contracted in the following ways:
- By phone: 1800 708 704
- By email: mrs@dcp.wa.gov.au
- By fax: 1800 610 614
- By post: PO Box 8146, Perth BC 6849
Non-Mandatory Reporting of Child Abuse #
A non-mandatory report covers all types of abuse other than sexual abuse.
Non-Mandatory Reporting of Child Abuse and Neglect Flowchart #
Notification Steps #
Step 1
- The individual teachers makes observations and keeps notes of concerns that exist that have led them to the belief that a report may be necessary; or
- A student discloses abuse or neglect of the types listed below:
- disclosure of abuse or neglect from someone with a responsibility to care for the student;
- show indication of abuse or neglect.
- Note: It may assist teachers to think in terms of reporting a behaviour or a series of behaviours and concern(s) rather than reporting an individual family.
Step 2
- The teacher’s observations of the child’s disclosure should be discussed, in the first instance, with the Principal or, if it is not appropriate to discuss it with the Principal, the CEO.
- It is not the role of the teacher to investigate child abuse or neglect matters. They must report concerns to the Principal.
- The teacher and Principal may wish to consult with the Non-Government Schools Psychology Service and/or the College Chaplain.
Step 3
- The Principal may be the appropriate person who will then decide the appropriate actions to take and who should be contacted.
- Very important: To avoid interfering with any investigative process initiated by the CPFS or the Police, the Principal or teacher must seek advice from the CPFS or Police prior to informing the parent or caregivers of a concern of abuse or neglect.
- The Principal should report all disclosures or strong concerns to the CPFS of abuse or neglect arising from the actions or inactions of parents or caregivers and maintain a written record of this communication and subsequent actions. The CPFS will then decide how to proceed. The decision to progress the matter further is the responsibility of the CPFS.
- The CPFS is required to provide feedback to people making reports of child abuse. The Principal should seek undertakings from the CPFS that they will be kept informed within the bounds of confidentiality. The Principal’s initial contact with the CPFS will be through the Duty Officer at the Local District Office closest to where the child lives (all offices are listed in the White Pages). All calls from schools concerning students are taken very seriously and it may be appropriate if the emergency occurs after hours to explain to the switchboard operator that it is an emergency so that they can speak to the Duty Officer promptly. When reporting to the Duty Officer, not his or her name and position.
- Note: The Mandatory Reporting Service and the Duty Officer at the local CPFS office can also be used initially in a consultative role if either the Principal or the teacher is unsure of what action to take.
Step 4
- A Non-Mandatory Report qualifies as a Critical Incident (see definitions of a Reportable Incident above). Once the Senior Leadership Team or Board have been notified that a Non-Mandatory Report has been made, or that a teacher intends to submit a Non-Mandatory Report, they are required to submit a Critical Incident Report using the appropriate Departmental form.
- College staff should be aware that the powers of the CPFS under the Act include:
- Apprehension of a child: Children in need of care and protection may be apprehended (taken into custody) without warrant;
- Removal of a child from the school: CPFS officers may remove a child from the College if they have the permission of the parent or caregiver or if they have apprehended the child. The Principal should satisfy themselves that all conditions have been met before this occurs and document all conversations.
- Medical examination: The CPFS may require that a medical examination occur as soon as possible so that any bruising, marking, or other symptoms can be recorded for future reference. This would normally take place at either Perth Children’s Hospital or a Community Child Health Service Centre. This examination can only take place if permission has been obtained from the parent or caregiver or the child has been apprehended (when parent or caregiver permission is not obtained).
- Police: Strong concerns and disclosures of abuse and neglect from a person who is not the parent or caregiver should be advised to the Police. Principals should notify the CPFS, as they can offer support to the child and family and assess the risk to other children in the community.
- Parents/Caregivers: To avoid interfering with any investigate process initiated by the CPFS or the Police, the Principal and teacher must seek advice from the CPFS or Police prior to informing the parent or caregiver of a concern of abuse or neglect.
Step 5
- If, following a report, a family approaches the College, it is recommended that any interview be conducted with a minimum of two College staff members present (e.g. the Principal and one other staff member) to provide support.
- Note: It is important to remember that the focus of the meeting should be the welfare of the child.
Step 6
- The Principal should undertake ongoing support for the teacher, the student and anyone else affected.
- The need for ongoing support could be necessary as the teacher continues in their role with the student and the task of the CPFS may continue for an extended period.
The Role of the CPFS and WA Police #
- Mandatory reporting is a requirement in Western Australia for certain occupations, including teachers, when a reasonable belief that sexual abuse is occurring or has occurred. For other forms of child abuse mandatory reporting is not yet a requirement; however, we have a duty of care and a moral obligation to follow the recommended procedures in cases of suspected child abuse.
- The CPFS is the State Government Department with the statutory authority to investigate concerns of abuse in Western Australia. It is not the College’s responsibility to investigate child abuse issues, including concerns of sexual abuse. That is the responsibility of the CPFS. All disclosures or strong concerns of abuse should be reported to the CPFS by a Mandatory Reporter. The CPFS will then decide on how to proceed.
- Note that the reporting requirements for sexual abuse differ to those for other forms of suspected child abuse.
- The Western Australian Police also have a role in responding to allegations of child abuse. The WA Police Service Child Abuse Investigation Unit intervene in instances where it is believed that a criminal offence has occurred which may lead to criminal charges being laid. In the case of a report of child sexual abuse, the CPFS will forward all written reports to the WA Police.
- Where abuse has occurred within a family and there is the possibility of criminal charges being laid, the Police and the CPFS may undertake a joint investigation to reduce the trauma of the interviewing process to any children involved.
- Under section 129 of the Act, people who give information in good faith to the CPFS are protected from incurring any civil or criminal liability, from having breached any confidentiality imposed by law, or from having breached the College’s Code of Conduct or any other applicable professional ethics and standards.
Where to Go for Further Information #
Mandatory Reporting Service #
- The CPFS is the State Government Department responsible for issues specifically related to the protection of children, including the handling of abuse cases. Its website contains some excellent material for professionals and parents.
- Within CPFS, Mandatory Reporting Service is the unit responsible to taking reports. It is available 24 hours a day, 7 days a week for making verbal or written reports and to raise concerns. Details regarding mandatory reporting can be obtained through the mandatory reporting website.
- For sexual abuse reports, the Mandatory Reporting Service must be contracted through one of the following means:
- Phone: 1800 708 704
- Email: mrs@dcp.wa.gov.au
- Fax: 1800 610 614
- Post: PO Box 8146, Perth Business Centre WA 6849
- To contact the CPFS for assistance with a specific case that does not involve sexual abuse, the College will need to speak to the Duty Officer at the local office, available during office hours. All offices are listed in the White Pages or on the website.
For Reports of Abuse #
Child Abuse Services WA | By phone 9223 1111 / 1800 199 008 |
Crisis Care (24-hour phone service for people in crisis and needing urgent help) | By phone 9223 1111 / 1800 199 008 |
WA Police Service Child Abuse Investigation Unit | For urgent matters 000 If you are a victim 131 444 Reporting child abuse to the Child Protection Squad 9492 5444 / child.abuse.investigation@police.wa.gov.au |
Crime Stoppers or visit your local Police Station | 1800 333 000 |
WA Police Cyber Predator Team | By phone 9492 5444 To lodge complaints www.police.wa.gov.au |
Other sources of information on cyber predators
Support for Victims #
The National Association of the Prevention of Child Abuse and Neglect (NAPCAN) | NAPCAN is an Australian organisation that seeks to resource and network child welfare professionals and practitioners working to prevent child abuse and neglect from happening before it starts, through the provision of parenting brochures, training, support networks and information. |
This is a preventative life skills program that assists people of all ages to develop the skills to help them deal with difficult or hostile situations. The program has a voluntary committee made up of representatives from government and non-government agencies as well as interested members of the community. AISWA is a group member of Protective Behaviours and is able to purchase resources at a discount for interested schools. By phone 9356 0514 By email pbwainc@hotmail.com | |
CPFS for Child Protection | By phone 9274 1466 / 1800 654 432 |
Family Helpline | This is a free confidential telephone counselling and information service for families with relationship difficulties. By phone 9223 1100 / 1800 643 000 |
Men’s Domestic Violence Helpline | This service provides free telephone, referral, and counselling for men to help them change their violent behaviour toward female partners. By phone 9223 1199 / 1800 000 599 |
Women’s Domestic Violence Helpline | This service provides free 24-hour telephone support and counselling for women experiencing family and domestic violence. By phone 9223 1188 / 1800 007 339 |
Child Health and Community Health Services | |
Child and Adolescent Mental Health Services | 24-hour mental health advice line By phone 1800 220 400 |
Perth Children’s Hospital | By phone 6456 2222 |
State Child Development Centre | By phone 9481 2203 |
Disability Services Commission | By phone 9426 9200 / 1800 998 214 |
Kids Helpline | This is a free and confidential telephone counselling service for 5 to 25-year-olds in Australia available 24 hours a day, 7 days a week. By phone 1800 551 800 |
Sexual Assault Resource Centre Counselling Line | This service offers free, 24-hour emergency services for people aged 13 or over who have been sexually assaulted or sexually abused recently (within the last two weeks). |
Lifeline Australia | This service operates 24 hours a day, 7 days a week and can provide information about other support services, if required. By phone 13 11 14 |
Background Information on Child Abuse #
Child Family Community Australia (aifs.gov.au)
This site lists recent publications relating to information on child abuse that have been updated on the website of the National Child Protection Clearinghouse.
Publications | Australian Institute of Criminology (aic.gov.au)
This is the Australian Institute of Criminology site and has links to the criminal aspect of child abuse.