ENCOUNTER BAPTIST CHURCH SAFE CHURCH POLICY  

 

1. Introduction

This document contains the Safe Church Policy (the Policy) for Encounter Baptist Church (EBC). The Policy provides the basis for respective EBC departments to develop and establish operational procedures and processes specific to their individual ministry areas. For clarity, the general procedures included as part of this document form a mandatory part of this Policy.

 

1.1 Biblical Framework

EBC upholds the Bible as God’s word and the ultimate authority by which we live (2 Timothy 3:16-17). This Policy is informed by Biblical teaching and its principles are to be applied in submission to Scripture.

The Bible:

• affirms the value God places on children (Psalm 127:3; Matthew 18:3-5; Matthew 19:14). Jesus taught and modeled  the care with which we are to welcome and protect them (Matthew 18:5-6; Mark 10:14-15);
• instructs believers to abstain from sexual immorality (1 Thessalonians 4:3-8; 1 Corinthians 6:18-20);
• calls believers to uphold truth and justice, bearing in mind that the guilty are not to be acquitted and the innocent should not to be condemned (Exodus 23:6-7; Proverbs 17:15);
• teaches that the Church is empowered to wisely judge and settle trivial disputes between believers (1 Corinthians 6:1-8);
• upholds that God has established governments and believers are to submit to their authority (Romans 13:1; Daniel 2:21).

 

 

1.2 Principles

Encounter Baptist Church (EBC), in accordance with the United Nations Convention on the Rights of the Child and legislative requirements, recognises that all children and young people, especially those of an Aboriginal culture, have a right to:

•  be, and to feel, safe in their:

-  environment

-  identity and culture;

-  communication and/or physical barriers;

-  accessibility;

-  diversity of background and/or other influences;

• be provided with protection; and the opportunity to flourish emotionally, culturally, socially, economically, educationally and spiritually.

 

EBC is committed to the safety and wellbeing of children and young people in its care, for example, while participating in EBC worship services, age-related activities and/or programs or as part of an EBC activity while using its facilities or external sites.

 

Encounter Baptist acknowledges:

• Empowerment and participation are particularly important for children and young people who are more likely to be misunderstood, marginalised, or suffer discrimination. This includes children and young people who are Aboriginal and/or Torres Strait Islander, from newly-arrived communities, who identify as LGBTQIA+ and/or who have a disability.
• Creating organisations that are culturally safe, inclusive, welcoming and accessible benefits all children and young people.
• Children and young people have exceptional insights into their lives, needs and the world around them and it is their human right to be heard on matters affecting their lives.

 

1.3 Purpose

This policy applies to all staff, volunteers, or anyone working on behalf of EBC. The purpose of EBC Safe Church Policy, consistent with the Child Safe Standards, is to:

• promote an organisational culture that prioritizes the best interests of children and young people;
• ensure all staff and volunteers understand their responsibilities and obligations on safeguarding children, including preventing abuse and reporting suspicions of abuse; and
• ensure the safety and protection of children and young people in the delivery of EBC programs.

This Policy is intended to assist all staff and volunteers to:

• uphold their legal responsibilities when working with children and young people;
• follow Encounter Baptist Church’s Child Safe Reporting Procedures, including recognising the different types of abuse and neglect;
• comply with the Reportable Conduct Scheme; and
• ensure the needs of all individuals involved in an incident are being met or addressed, and appropriate guidance is given to matters of concern, including potential breaches of Encounter Baptist Church’s Code of Conduct.

 

Compliance with this Policy ensures all incidents are reported and managed in a way that is responsive to the immediate circumstances of the incident, the rights of those involved, and wherever possible, any risks of recurrence are minimised.

 

2.0 Scope

The Safe Church Policy applies to all staff, volunteers and anyone working on behalf of Encounter Baptist Church.
It applies wherever children and/or young people are participating in EBC  services, activities and/or programs and in all our operational environments.

 

3. Policy Statement

Keeping children and young people safe is a shared responsibility within EBC. We have developed a framework of policies and procedures to address risks to child safety and to establish a safeguarding culture and practices for the children and young people using EBC services, activities and programs.

3.1 EBC’s Commitment

EBC is committed to the safety and wellbeing of children and young people, and as such, is committed to creating and maintaining a child-safe organisation. EBC understands that child safety is everyone’s responsibility. EBC is determined to be a child-safe organisation with zero tolerance for child abuse.

Our commitment flows from our Christian beliefs and will be enacted through the implementation and monitoring of the Child Safe Standards, to comply with relevant jurisdictional requirements.

 

3.2 EBC’s Responsibilities

EBC recognises its legal and moral responsibilities to keep children and young people safe from harm. EBC has policies, procedures, and training in place that support the leadership team, employees and volunteers to achieve these commitments. EBC creates environments where all children and young people, including children with a disability, Aboriginal children, and children from culturally and linguistically diverse backgrounds, have a voice - they are listened to, their views are respected and they contribute to how we plan for, design and implement our services and activities.

 

4. Recruitment, Screening and Selection

EBC will be vigilant in recruitment, screening and selection of staff, contractors and volunteers to ensure they are safe and suitable to work with children and young people.

A current Working with Children Check ("WWCC") noting it is for work at EBC must be held:

by all staff and volunteers. This includes those who will not have intentional, or potential for, contact with children and young people in undertaking their role(s).

EBC takes all reasonable steps to screen and recruit appropriate people for staff and volunteer roles to ensure they are safe and suitable to work with children and young people. We will interview and conduct reference checks on all staff and volunteers who will be interacting with children, and young people. All people engaged in a position of leadership, child-related work, including volunteers are required to:

• Hold a current Working With Children Check noting it is for work at EBC, and provide evidence of this for our record
• Complete a Police Check at the start of paid or volunteer work
• Complete our “Safe Ministry Check”
• Have attended the church regularly for a minimum of 6 months before commencing any role.
• Signed our code of conduct

 

In addition to the above requirements, people in the following roles/positions must complete a Police Check on the following frequencies:

 

Position	Frequency of completing a Police Check
Treasurer	Yearly
Council member	On appointment and every 3 years thereafter
Senior Pastor	Every 3 years
Members of staff	Every 3 years
Leaders of Ministries eg kids church, youth group, small groups ministries, individual faith communities (mid sized groups)	Every 3 years
Safe Church Concerns Person	Every 3 years

 

 

Renewal: The WWCC card is valid for five years unless surrendered or revoked. Encounter is notified of cards that are due to expire and are noted for work at Encounter. Action must be taken as soon as possible by the cardholder to renew the card. A person who no longer holds a valid card and has not taken action to renew the card within thirty (30) days will not be permitted to undertake any activities that may involve intentional or the potential for contact with children and young people.

 

5. Training, Support and Duty of Care

EBC provides a system of onboarding, training and supervision of all staff and volunteers.

5.1 Onboarding, Training and Supervision

All new staff and volunteers are provided with Encounter’s Safe Church Policy and Code of Conduct which clearly details the behavioral expectations around children and young people. Staff and volunteers are informed that a copy of this Policy is available publicly available on the main website encounterbaptist.org.au

Staff and volunteers are offered support to understand the Policy and guidelines and procedures and are required to familiarise themselves with these documents and confirm that they have read, understood and will comply with them.

Regular supervision is built into the EBC culture in the form of team meetings and one-on-ones to provide ongoing training, development and support for all staff, ministry leaders and volunteers.

All staff, ministry leaders and volunteers working with children must complete accredited Safe church training in their first year of ministry and every four years while they continue to serve.

We have Codes of Conduct for staff and volunteers which provides guidance on the standards of conduct required when working with children and young people. We train our staff and volunteers to identify, assess, and minimise risks of child abuse, and to detect potential signs of child abuse and harm.

Leaders responsible for leading ministries are responsible to communicate any child safe procedures and processes to volunteers.

5.2 Duty of Care

All staff and volunteers have a duty of care and at times a legal obligation to ensure that reasonable steps are taken to prevent harm to any child and/or young person. All leaders are considered mandated reporters, and must report disclosures or suspicions of child abuse, according with the Children, Youth and Families Act 2005 (Vic)

Staff, ministry leaders and volunteers are advised that any breaches, including minor breaches, to Encounter’s Code of Conduct and/or the Safe Church Policy are required to be reported and documented. This duty of care includes staff, leaders or volunteers being vigilant and alert to report and document harm to any child and/or young person using EBC facilities, regardless of whether the child and/or young person is participating in a service, activity or program organised or operated by EBC.

 

6. Risk Management

All staff, ministry leaders and volunteers have a responsibility to identify and assess potential risks in ongoing programs and one-off activities. Online, physical or psychological risks associated with activities must be determined at the outset and risk mitigation strategies are to be put in place prior to commencement of the activity.

 

7. Participation and Communication with Children, Young People and Families

EBC values the experiences and insight of children and young people, particularly those of an Aboriginal and culturally-diverse background. EBC is committed to empower them by encouraging them to share their insight and feedback. In particular, all staff, ministry leaders and volunteers commit to listen when children and young people speak about matters that affect their safety and wellbeing.

 

All children, young people and families within EBC are informed of this Policy and provided with unconditional support and mechanisms to feel empowered to speak up if they feel, hear or see something that does not feel right to them or makes them feel unsafe. They will be heard without judgment and their feedback or complaints are taken seriously and responded to promptly and thoroughly.  Children and young people are provided with age-appropriate communication to raise awareness of how they can speak up if they have any concerns and appropriate feedback channels are provided for children and young people, with assurance that their concerns will be addressed.

 

8. Consequences of Breaching this Policy

If EBC staff, ministry leaders or volunteers  fail to report instances, allegations or concerns in relation to abuse or neglect of a child or young person by anyone within our organisation, EBC views such a failure as a serious matter that breaches this Policy and may result in disciplinary action.

In addition to any internal proceedings and reporting, all incidents covered under the Reportable Conduct Scheme and involving Mandatory Reporters will be reported to the Commission for Children and Young People (the Commission) and any breaches of law will be reported to the police.

If an allegation has been made against a volunteer, leader or member of staff relating to inappropriate behavior towards a child or young person, whether during or outside of work, EBC reserves the right to suspend that person during the investigation period.

EBC understands that a failure to report incidents of abuse, neglect and harm of a child or young person may be classed as a criminal offense.

This Policy prohibits all staff, leaders or volunteers from discussing any concerns or allegations with unauthorised staff or volunteers within or outside the organisation. Such a prohibition has not been designed to limit, in any way, their rights and responsibilities to report their concerns or allegations, but rather represents our organisation’s commitment to ensuring privacy, confidentiality and false, misleading or vexatious allegations. The Public Interest Disclosures Act 2012 will prevail in any situation whereby reporting of Personnel has occurred.

 

9. Responding to Child Safety Concerns

The four steps that all personnel must follow regarding incidents, allegations, disclosures or reasonable concerns of abuse or neglect, or breaches of policy are:

• Responding
• Reporting
• Sharing of Information
• Supporting

 

9.1 Responding

Immediate responses must mitigate further harm and ensure the safety of children and young people, Personnel and members of the public.

When responding to a disclosure or allegation by a child or young person, all Personnel should respond by following the EBC Reporting Procedure for Disclosure or Suspicion of Abuse or Mistreatment https://www.encounterbaptist.org.au/reporting

 

Ensuring that all personnel are:

• listening to the allegation or disclosure supportively, without dispute
• clarifying the basic details, without seeking detailed information or asking suggestive or leading questions
• providing reassurance that the child or young person has done the right thing in telling you, are believed, and our organisation will take immediate action in response to the disclosure/allegation explaining to the child or young person that other people may need to be told, in order to stop what is happening; do not promise to keep any information a secret
• reporting the matter as per organisational policy requirements to the Safe Church concerns person recording notes as early as possible to ensure all information is captured before completing Encounter’s Risk of Significant Harm Form.

 

9.2 Reporting

Once the immediate response to the situation is completed, it is important to fulfill the reporting requirements. All staff, leaders and volunteers are required to report any reasonable concerns or instances of abuse or neglect (including cases in which a child or young person has suffered, or is likely to suffer significant harm from abuse or neglect) immediately. The Safe Church concerns person can assist in filling out either one of two forms:

1. A Safe Church Anecdotal Record (download at https://www.encounterbaptist.org.au/anecdotal)
2. A Risk or Significant Harm Form (download at https://www.encounterbaptist.org.au/significantharm)

It is not the role of EBC staff or volunteers to identify or investigate an allegation/concern. However they must continually report each new instance of suspicion of harm and/or breach of policy as they become aware, and seek advice from their supervisor when they are unsure.

All reports must be documented fully, written factually and objectively. Clear and accurate reporting can assist to support any internal or external investigation which may transpire after an incident. Reports should be submitted formally to EBC’s nominated Child Safe Person.

Contacts:

EBC Safe Church Concerns Person Elsie	03 9059 4053
Baptist Union Contact	Brenda Williams p (03) 9880 6100 m 0425 752 238
Department of Fairness, Families and Housing	After hours Child Protection Emergency Service – 13 12 78
Victorian Commission for Children and Young People	130078 29 78

 

EBC will appropriately investigate all allegations, suspicions or observations relating to a breach of the Policy, in accordance with its obligations. Where allegations, suspicions or observations are reported to the Safe Church Concerns Person, Senior Pastor or Church Council, will be responsible to:

• determine if the allegation, suspicion or observation warrants escalation to external parties for further investigation;
• determine if the Personnel involved should be temporarily suspended or stepped down from their regular assigned duties during the course of external investigations;

EBC will fully cooperate and support external investigations in accordance with legal requirements.

Reporting to the Church Council

At each meeting, the Church Council is to be advised of:

•  all allegations and actions being undertaken;
•  current matters under investigation, both external and internal;
•  the result of investigations, both external and internal; and/or
•  any matters in which the Code of Conduct has been invoked.

The Church Council  shall make this a regular agenda item, reportable at every Council meeting with a positive attestation should there be no active incidents or ongoing investigations.  

 

Information provided to the Church Council must remain confidential. Any breach of this confidentiality, not permitted or required by the law, by members of the Council shall be a breach of the Code of Conduct.

9.3 Sharing of Information (Confidentiality and Privacy)

EBC maintains the confidentiality and privacy of all concerned (including the alleged perpetrator), except if doing so compromises the safety or wellbeing of the child or young person and/or investigation of the allegation. After an incident has been reported and where appropriate, the information sharing process with the child or young person, their families and involved Personnel will begin as soon as reasonably possible. The process will be adapted to fit the child or young person, family and Personnel needs, and the requirements of any investigation processes.

The Child Safe Person, Senior Pastor or Church Council  will be responsible to ascertain if an incident or allegation falls under the Reportable Conduct Scheme and should be reported to the Police and/or Child Protection. Where Police and/or Child Protection are involved, EBC will provide the authorities with information about the incident to assist them in their investigations.

If the incident has reached the threshold to report to external agencies, EBC will consult with the relevant child protection authority/police to determine what information can be shared with parents/guardians. This can include not contacting the parents/guardians in circumstances where they have allegedly been engaged in the abuse, or the child is a mature minor and does not wish their parent/guardians to be contacted. Alternatively, it may include contacting the parents/guardians and provide the agreed information as soon as possible.

Police and/or Child Protection will be consulted about the disclosing of information to child or young person, their families and Personnel.

The decision to share information will consider:

• whether the ongoing safety of those involved in or impacted by the incident is compromised by the sharing or non-sharing of information
• the advice of police and child protection (care will be taken not to compromise their investigations)

•  he rights of those impacted by the incident to privacy, confidentiality, procedural fairness and a presumption of innocence in accordance with EBC policies and employment law
• the need (of those potentially impacted by the incident) to know of the incident.

 

 

 

 

 

 

9.4 Support
Supporting the needs of those impacted by the incident should include considerations of cultural safety and wellbeing for:

• The child or young person and their family (this includes any specific support needs for an Aboriginal and Torres Strait Islander, the culturally and linguistically diverse, with lived experience of disability, a member of the LGBTQI+ community, or a child or young person who is unable to live at home)

• Staff or volunteers  and other children and young people who witnessed and/or reported the incident
• Any Personnel against whom a complaint is made, for example, offering Employee Assistance Program
• Other Personnel impacted by the incident.

All Personnel who are aware of the incident note that:

• Any allegation does not mean the person is guilty, and that the allegation will be properly investigated and will include the right to procedural fairness.

• They are not to discuss any element of the incident with anyone outside of Police, child protection authorities and/or EBC’s Child Safe Person and only in direct relation to the investigation of the allegation.

 

 

 

 

 

 

 

 

 

 

 

 

 

10. Roles and Responsibilities

 

Church Council Members

The Church Constitution notes "[t]In recognizing the Church is to be managed by the Church Council, the Members of the Church therefore delegate the entire management and control of the business of the Church to the Church Council as its governing body Consistent with this rule, the Church Council has the ultimate responsibility for the promotion of a "top-down" culture in relation to child protection and ensuring: a child and young person’s best interests will be considered paramount and commits to prioritising the best interests of all children and young people participating or interacting with EBC’s programs and services; the effective management of all matters relating to safeguarding children and young people, are presented to the Council in a timely manner, as required by this Policy. The Council is required to understand and act consistently with this Policy and EBC’s Code of Conduct.

Senior Pastor

The Senior Pastor is primarily accountable to the Church Council for ensuring that appropriate policies and practices are implemented, monitored and reported on, and evaluated in a timely and diligent manner.

 

	This includes reviewing and understanding this Policy, EBC’s Code of Conduct, reporting any suspected child abuse to a Child Protection Officer or the relevant state child protection authority, Victoria Police, the Baptist Union of Victoria and/or the Church Council. Furthermore, the Senior Pastor is required to ensure: reviews of organisational culture and attitudes towards child protection are performed; all Personnel are aware of the zero-tolerance approach taken towards abuse of children and young people; strategies that will safeguard children and young people accessing EBC services, programs and activities are implemented and promoted; prompt response to any changes in child-related legislation and other statutory requirements, bringing these to the attention of the Church Council and ensuring any necessary response; support is provided to or facilitated for Personnel as they undertake their safeguarding responsibilities, ensuring that access to training, development and emotional support are provided; all Personnel are aware of their obligation to report suspected abuse of a child or young person, in accordance with this Policy. The Senior Pastor may delegate any of the above responsibilities and duties to the other members of the Church Council, but retains responsibility for the activities and must ensure that delegated duties are actioned appropriately. All delegations of the above duties by the Senior Pastor must be in writing. The Senior Pastor, as head of the organisation, is responsible for the "Reportable Conduct Scheme" and must meet the requirements of section 16K of the Child Wellbeing and Safety Act 2005.
Safe Church Concerns Person	The Safe Church Concerns Person is  appointed to have specific responsibility for children and young people, parents and Personnel to raise any child safety concerns and to handle the initial response to any allegations or complaints made. They are responsible to the Church Council and may, under direction, handle the management of allegations. The name of the  Safe Church Concerns person should be publicised in the various ministry areas of EBC.   The Safe church concerns person must: understand, promote and act in line with this Policy and EBC’s Code of  Conduct; make themselves available for consultation with any Personnel or parents/caregivers relating to matters of child safety and wellbeing; provide advice and support regarding application and implementation of this Policy to any Personnel; be proactive in raising any concern of this Policy in responding to child protection attend appropriate child protection training, at least every 2 years. The Safe Church Concerns person is responsible and must report directly to the Senior Pastor or his delegate (the Senior Pastor reports directly to the Chairperson of the Board).
EBC Staff and leaders	EBC staff and leaders must as appropriate to their role:  be familiar with, understand and act consistently with this Policy and EBC’s Code of Conduct; attend appropriate training and development on child protection issues, as required;  proactively seek assistance and advice from the Safe Church Concerns Person, Church Council on the safeguarding of children and young people; ensure that team members attend training and understand child protection issues, where supervision is a role requirement
Parents/Guardians/Carers and family members over 18 years	Parents, guardians, carers and family members over 18 years of age accessing EBC programs, services and activities are:  to be advised of this Policy, which may be found on the EBC website;  on request, to be provided with a summary of the Policy; and/or  have access or on request, be provided with this Policy statement, and EBC’s Code of Conduct, including the process of reporting any suspected child abuse.

 

11. Records and Documentation

All records pertaining to allegations and reported incidents, on completion of the action by EBC and/or external investigating agencies, are to be stored confidentially by the Safe Church Concerns Person or Executive Team member in the following situations:

•  if it is considered by the Safe Church Concerns Person or Executive Team member that there is no basis on reasonable grounds to refer the matter for external investigation and/or to undertake an internal investigation;
•  where there has been no referral for an external investigation, but an internal investigation has been undertaken;
•  where the matter has been referred to an appropriate external investigating agency for action and, if required, an internal investigation has been undertaken
•  for a period of not less than 45 years.
  This action is to be taken so that EBC will be able to show, in the event of any subsequent historical enquiries, the nature of the complaints received and the action to protect the interests of the child or young person.

•  
•  
•  
• 12. Review
  This document will be reviewed every two (2) years in consultation with stakeholders. Some circumstances may trigger an early review. This includes but is not limited to legislative changes, organisational changes, incident outcomes and other matters deemed appropriate by the Church Council and/or Senior Pastor. Records are retained to document each review undertaken. Such records may include minutes of meetings and documentation of changes to policies and procedures that result from a review.
  For all queries or feedback regarding this Policy, please contact - Elsie

 

 

13. Definitions

Aboriginal and Torres Strait Islander Child

A person under the age of 18 years who identifies as Aboriginal and/or Torres Strait Islander Person

Bullying

generally an act that is repeated over time. Bullying has been described by researchers as taking many forms which are often interrelated and include:  Verbal (name calling, put downs, threats);  Physical (hitting, punching, kicking, scratching, tripping, spitting);  Social (ignoring, excluding, ostracising, alienating);  Psychological (spreading rumours, stalking, dirty looks, hiding or damaging possessions).

 

Child Abuse	Child abuse includes: any act committed against a child involving:  a sexual offence  grooming offences under section 49M(1) of the Crimes Act 1958 the infliction, on a child, of:  physical violence  serious emotional or psychological harm the serious neglect of a child including exposure to family violence and its effects.
Child or Young Person	A person under the age of eighteen or a vulnerable young person who is included under the purview of the Commission for Children and Young People.
Child Safe Organisation	An organisation that meets the Child Safe Standards by proactively taking measures to protect children and young people from abuse.
Child Safe Standards	Child Safe Standards are designed to drive cultural change in organisations, so that protecting children and young people from abuse is embedded in the everyday thinking and practice of leaders, employees and volunteers; provide a minimum standard of child safety across all organisations; and highlight the role all organisations have in keeping children and young people safe from abuse.
Child Safety	Child Safety includes matters related to protecting all children and young people from child abuse, managing the risk of child abuse, providing support to a child at risk of child abuse, and responding to suspicions, incidents, disclosures or allegations of child abuse.
Emotional or Psychological Abuse	Emotional or psychological abuse occurs when a child or young person does not receive the love, affection or attention they need for healthy emotional, psychological and social development.

 

	Such abuse may involve repeated rejection or threats to a child or young person. Constant criticism, teasing, ignoring, threatening, yelling, scapegoating, ridicule and rejection or continual coldness are all examples of emotional abuse. These behaviours continue to an extent that results in significant damage to the child or young person’s intellectual or emotional wellbeing and development.
Family Violence	Family violence occurs when children and young people are forced to live with violence between adults in their home. It is harmful to children and young people. It can include witnessing violence or the consequences of violence. Family violence is defined as violence between members of a family or extended family or those fulfilling the role of family in a child or young person’s life. Exposure to family violence places children and young people at increased risk of physical injury and harm and has a significant impact on their wellbeing and development.
Grooming	Grooming is a term used to describe what happens when a perpetrator of abuse builds a relationship with a child or young person with a view to abusing them at some stage. There is no set pattern in relation to the grooming of children and young people. For some perpetrators, there will be a lengthy period of time before the abuse begins. The child or young person may be given special attention and what starts as an apparently normal display of affection, such as cuddling, can develop into sexual touching or masturbation and then into more serious sexual behaviour. Other perpetrators may draw a child or young person in and abuse them relatively quickly. Some abusers do not groom children or young people but abuse them without forming a relationship at all. Grooming can take place in any setting where a relationship is formed, such as leisure, music, sports and religious activities, in internet chat rooms, in social media or by other technological channels.
Harm	Harm to a child or young person, is any detrimental effect of psychological or emotional wellbeing. It is immaterial how the harm is caused. Harm can be caused by:  physical abuse;  psychological or emotional abuse or neglect;  sexual abuse or exploitation;  a single act, omission or circumstance;  a series or combination of acts, omissions or circumstances.

 

Neglect	Neglect is the persistent failure or deliberate denial to provide the child or young person with the basic necessities of life. Such neglect includes the failure to provide adequate food, clothing, shelter, adequate supervision, clean water, medical attention or supervision to the extent that the child or young person is likely to be significantly harmed. Categories of neglect include physical neglect, medical neglect, abandonment or desertion, emotional neglect and educational neglect. The issue of neglect must be considered within the context of resources reasonably available.
Personnel	EBC Church Council, Board, Staff, Volunteers
Physical Abuse	Physical abuse occurs when a person subjects a child or young person to non-accidental physically aggressive acts. The abuser may inflict an injury intentionally or inadvertently as a result of physical punishment or the aggressive treatment of a child or young person. Physically abusive behaviour includes (but is not limited to) shoving, hitting, slapping, shaking, throwing, punching, biting, burning, excessive and physically harmful over-training and kicking. It also includes giving children and young people harmful substances such as drugs, alcohol or poison. Certain types of punishment, whilst not causing injury, can also be considered physical abuse if they place a child or young person at risk of being hurt. Physical abuse also includes threats to physically harm.
Physical Violence	Physical violence committed against, with, or in the presence of a child or young person can fall into two categories. Physical violence can be either:  actual physical violence where a Personnel intentionally or recklessly uses physical force against, with, or in the presence of a child or young person without a lawful reason, which has the ability to cause injury or harm to the child or young person. Actual physical violence can include hitting, punching, kicking, pushing or throwing something that strikes a child or young person. apprehended physical violence where a Personnel intentionally or recklessly engages in conduct or behaviour against, with, or in the presence of a child or young person that is capable of causing a child or young person to think that physical force is about to be used against them or another person. This could include words, gestures or actions that cause a child or young

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	person to believe physical force is about to be used against them, regardless of whether or not the Personnel actually intended that any physical force would be applied.
Reasonable Belief	A reportable allegation is made where a person makes an allegation, based on a reasonable belief, that a person has committed reportable conduct or misconduct that may involve reportable conduct. This includes where a reportable allegation is made against the head of the organisation. A reasonable belief is more than suspicion. There must be some objective basis for the belief. However, it is not the same as having proof and does not require certainty. For example, a person is likely to have a reasonable belief if they:  observed the conduct themselves  heard directly from a child or young person that the conduct occurred  received information from another credible source (including another witness). Heads of the organisation do not need to agree with or share the belief that the alleged conduct has occurred. They do not need to notify the Commission about the allegation if it is plainly wrong or has no basis at all in reality.
Reasonable Steps	Personnel may breach duty of care towards a child or young person if they fail to act in the way a reasonable or diligent professional would have acted in the same situation. In relation to suspected child abuse, reasonable steps may include (but are not necessarily limited to): acting on concerns and suspicions of abuse as soon as practicable, seeking appropriate advice or consulting with other professionals or agencies when unsure of what steps to take, reporting the suspected child abuse to appropriate authorities such as Police or Child Protection, arranging counselling and/or other appropriate support for the child or young person, providing ongoing support to the child or young person and sharing information with other Personnel who will also provide care and support.
Reportable Conduct	There are five types of ‘reportable conduct’ listed in the Child Wellbeing and Safety Act 2005:  sexual offences (against, with or in the presence of, a child)

 

	sexual misconduct (against, with or in the presence of, a child) physical violence (against, with or in the presence of, a child) any behaviour that causes significant emotional or psychological harm to a child significant neglect of a child
Sexual Abuse	Sexual abuse occurs when an adult or a person of authority involves a child or young person in any sexual activity. Perpetrators of sexual abuse take advantage of their power, authority or position over the child or young person for their own benefit. It can include making sexual comments to a child or young person, engaging children and young people to participate in sexual conversations over the internet or on social media, kissing, touching genitals or breasts, oral sex or intercourse with a child or young person. Encouraging a child or young person to view pornographic magazines, websites and videos is also sexual abuse. Engaging children and young people to participate in sexual conversations over the internet is also considered sexual abuse.
Sexual Exploitation	Sexual exploitation is a form of sexual abuse where offenders use their power (physical, financial or emotional) over a child or young person, or a false identity, to sexually or emotionally abuse them. It often involves situations and relationships where children and young people receive something (food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money etc.) in return for participating in sexual activities. Sexual exploitation can occur in person or online, and sometimes the child or young person may not even realise they are a victim.
Sexual Misconduct	Sexual misconduct captures a broader range of inappropriate behaviours of a sexual nature that are not necessarily criminal. Sexual misconduct refers to conduct that:  is of a sexual nature;  occurred against, with, or in the presence of a child or young person.
Sexual Offences	In Victoria, it is an offence to engage in certain sexual behaviours against, with or in front of a child or young person. Many of these behaviours are reportable conduct under the Reportable Conduct Scheme. This includes:  sexual assault  indecent acts  possession of child abuse material

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‘grooming’ a child or young person in order to commit a sexual offence. A full list of the relevant sexual offences is set out in clause 1 of Schedule 1 to the Sentencing Act 1991. NOTE: A Personnel does not need to be charged with, or found guilty of a sexual offence for their behaviour to be a reportable conduct.

Significant Neglect

Significant neglect occurs when there is a significant, deliberate or reckless failure to meet the basic needs of a child or young person in circumstances where the adult understood the needs of the child or young person, or could have understood those needs if they had turned their mind to the question, and had the opportunity to meet those needs but failed to do so. Examples of different types of neglect could include:  Supervisory neglect: This may occur when a person responsible for the care of a child or young person is unable or unwilling to exercise adequate supervision or control of the child or young person, or fails to seek or comply with appropriate medical treatment.  Physical neglect: This may occur where there is the failure to meet a child or young person’s physical needsincluding the provision of adequate and appropriate food, clothing, shelter or physical hygiene needs.  Educational neglect: This may occur when there is a failure to ensure that a child or young person’s formal education needs are being met. Emotional neglect: This may occur where there is a failure to provide adequate nurturing, affection, encouragement and support to a child or young person.

 

 

 

Appendix 1: Background and Resources

Responding to and reporting child abuse and neglect is one component of being a child-safe organisation and is part of being compliant with Child Safe Standards (“the Standards”) and the Reportable Conduct Scheme. Mandatory reporting is also required.

The Victorian Child Safe Standards

The Child Safe Standards (“Standards”) were a part of the response to the 2013 Victorian “Betrayal of Trust” Inquiry”. They were introduced following an amendment of the Child Safety and Wellbeing Act 2005; a subsequent amendment in 2021 replaced the original Standards and introduced eleven Standards to apply from 1 July 2022. All Victoria Organisations which provide services for children and young people are required to comply with the Standards. EBC is required to comply as it is a religious organisation.

The eleven Standards are:

1. Organisations establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued
2. Child safety and wellbeing are embedded in organisational leadership, governance and culture
3. Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously
4. Families and communities are informed, and involved in promoting child safety and wellbeing
5. Equity is upheld and diverse needs respected in policy and practice
6. People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice
7. Processes for complaints and concerns are child focused
8. Staff and volunteers are equipped with the knowledge, skills and awareness to keep children
   and young people safe through ongoing education and training
9. Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed
10. Implementation of the Child Safe Standards is regularly reviewed and improved
11. Policies and procedures document how the organisation is safe for children and young people

Although all children and young people are vulnerable, some face additional vulnerabilities, namely Aboriginal children, children from culturally and linguistically diverse backgrounds, children with disabilities and children with a specific gender or sexual identity. Consequently, in applying the Standards, organisations must embed and promote four key principles:

•  the cultural safety of Aboriginal Children;
•  the cultural safety of children from culturally and/or linguistically diverse backgrounds;
•  the safety of children with a disability;
• the safety of children regardless of gender or sexual identity.

The Standards help build a child-safe culture within an organisation and ensure that organisations are accountable for the safety of children and young people using their services and facilities. Compliance with the Standards is regulated and monitored by the Commission for Children and Young People.

Legislated Child Protection Processes

There are two related, but distinct processes in the legislation which require child protection responses from EBC, the first outlines a vital process in requiring the reporting of actual or suspected abuse while the second requires the EBC CEO (the Senior Pastor) to report certain conduct to the Commission of Children and Young People (the Commission).

a. Mandatory reporting

Mandatory reporting is the legal requirement of members in certain professional groups to report to child protection authorities any reasonable belief, formed while carrying out the duties of the profession that child physical or sexual abuse has occurred.

At EBC, this will be relevant for some staff, which include but are not limited to school counsellors, registered psychologists, registered teachers, early childhood teachers and people in religious ministry. For a complete list, refer to https://providers.dhhs.vic.gov.au/mandatory- reporting.

Three criminal offences have been introduced to improve responses within organisations and the community to child sexual abuse. The offences form part of the Victorian Government’s response to the recommendations of Betrayal of Trust, the report of the Parliamentary Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations. The three offences are:

a) Failure to disclose offence

The offence requires that any adult (aged 18 and over) who holds a reasonable belief that a sexual offence has been committed in Victoria by an adult against a child (aged under 16) disclose that information to police (unless they have a reasonable excuse). The failure to disclose offence helps to ensure that protecting children and young people from sexual abuse is the responsibility of the whole community.

b) Failure to protect offence

The failure to protect offence applies to people within organisations who knew of a risk of child sexual abuse by someone in the organisation and had the authority to reduce or remove the risk, but negligently failed to do so. This offence encourages organisations to actively manage the risks of sexual offences being committed against children and young people in their care to protect them from harm.

c) Grooming offence

The offence of grooming for a child under the age of 16 years targets predatory conduct designed to facilitate later sexual activity with a child.

 

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b. Reportable Conduct Scheme

The Reportable Conduct Scheme (“the Scheme”) requires organisations involving children to respond to allegations of child abuse and other child-related misconduct made against their workers (employees and contractors) and volunteers and to report any allegations to the Commission for Children and Young People (the Commission). There are five types of reportable conduct:

•  Sexual offences against, with or in the presence of a child
•  Sexual misconduct against, with or in the presence of a child
•  Physical violence against, with or in the presence of a child
•  Any behaviour that causes significant emotional or psychological harm to a child
•  Significant neglect of a child
  The Commission provides independent review and has the power to receive allegations and findings of reportable conduct, assess an organisation's systems to prevent, notify and investigate reportable conduct, provide oversight of workplace investigations, investigate allegations in some circumstances, refer findings to professional registration bodies and the Working with Children Check Unit, build the capacity of organisations to respond to allegations of abuse and report to Parliament on the performance of the scheme and trends.
  The Scheme does not replace or interfere with Police investigations. Organisations covered by the Reportable Conduct Scheme should contact the Commission for clarification and guidance, and to talk through any issues of concern.
  Telephone: (03)8601 5281
  Email: contact@ccyp.vic.gov.au
  Further information is also available on the Commission for Children and Young People’s website
  at www.ccyp.vic.gov.au
  Policy Context
  In developing the Child Protection Policy, the following legislative framework is relevant:

•  United Nations Convention on the Rights of the Child
•  National Framework for Protecting Australia’s Children
•  Australian Human Rights Commission National Principles for Child Safe Organisations
•  Victoria Child Safe Standards Act 2015 (including the 2022 Amendment)
•  Victorian Reportable Conduct Scheme
•  Public Interest Disclosures Act 2012
•  Crimes Amendment (Protection of Children) Act 2014

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 Crimes Amendment (Grooming) Act 2014

Useful Resources

•  http://www.humanrightscommission.vic.gov.au
•  www.cmy.net.au
•  http://fecca.org.au/
•  https://aifs.gov.au/
•  http://www.lawfoundation.net.au/ljf/site/templates/Grants_Reports/$file/SCU_Safe_At_School_Fin al_2014.pdf
•  http://www.reconciliationvic.org.au/
•  https://antar.org.au/

This policy was reviewed in January 2024 and will be reviewed in January 2026