Child Protection: Responding to and reporting students at risk of harm

Direction and guidance for staff in relation to child protection including training, reporting on safety, and supporting children and young people, as well as monitoring, evaluation and reporting requirements.

Changes since previous version

2022 Sep 26 - updated policy statement contact details and amended outdated department names (to Department of Communities and Justice). Updated sections 4 and 5 to comply with template.

Document history

2020 Jun 29 - made typographical changes and updated contact details to policy statement.

2018 Apr 23 - change to the current title from previous (Protecting and Supporting Children and Young People).

2014 Mar 14 - at the beginning of the 2014 school year, the requirement for principals to provide a copy of Child Protection Form A reports to their Director, Public Schools NSW was removed. This requirement was deleted from the policy and procedures.

2014 Mar 14 - terminology updated to reflect the new model of support to schools.

2010 Mar 3 - policy released on 5 Mar 2010 reflects revisions to Child Protection Legislation under Keep Them Safe: A shared approach to child wellbeing.

Superseded documents

Policy for Protecting Children and Young People PD20020067/V01

  1. Policy statement
    1. The NSW Department of Education has an important role to support children and young people and to identify where problems arise that may put their safety, welfare or wellbeing at risk.
    2. All staff have a responsibility to report risk of harm concerns about children and young people, within their roles, and to provide support to children and young people.
    3. Child protection reforms introduce an obligation for government and non-government agencies to coordinate decision-making and delivery of services.
  2. Audience and applicability
    1. All departmental employees, including those in state and network offices, and schools.
  3. Context
    1. The NSW Government recognises that care and protection for children and young people is a shared responsibility. It begins with parents, but when government support becomes necessary, it is not the sole responsibility of community services but a collective responsibility.
    2. Keep Them Safe: A shared approach to child wellbeing provides the framework for parents, communities, government and non-government agencies to work together to support children and families.
    3. Legislation
      1. Children and Young Persons (Care and Protection) Act 1998
      2. Crimes Act 1900
      3. Privacy and Personal Information Protection Act 1998.
      4. Other relevant legislation
        • Advocate for Children and Young People Act 2014
        • Education Act 1990
        • Health Records and Information Privacy Act 2002
        • Ombudsman Act 1974.
  4. Responsibilities and delegations
    1. Principals and workplace managers:
      1. Training
        • ensure all staff have participated in an initial child protection induction and an update during the past year
        • ensure all staff are aware of the indicators of abuse and neglect of children and young people
        • ensure all staff are aware of their obligation to advise the principal or workplace manager of concerns about the safety, welfare and wellbeing of children and young people that arise during the course of their work
        • ensure all staff are aware of their mandatory obligation to report suspected risk of significant harm and of the procedures for doing so.
      2. Reporting and monitoring
        • use appropriate tools to inform decision-making, such as the online Mandatory Reporter Guide, professional judgment or specialist advice, where there are concerns about risk of harm
        • maintain a workplace register of staff participation in annual updates and of inductions of new staff, or they must sight individual records of staff inductions. This applies to all staff including non-teaching staff, part-time, temporary and casual staff
        • determine whether concerns about the safety, welfare or wellbeing of children or young people constitute risk of significant harm and, if they do, report these to the Department of Communities and Justice
        • keep records of reports to Department of Communities and Justice as confirmation that mandatory reporting requirements have been met. Record the report engagement number
        • retain records and related papers in secure storage and keep these confidential. These records are to be provided to any successor
        • if serious safety issues remain after a report has been made to, and accepted by, the Department of Communities and Justice, refer the matter to the departmental regional officer responsible for student services so the case can be taken up at a senior level within the Department of Communities and Justice
        • seek advice from the Child Wellbeing Unit where there is uncertainty about whether concerns amount to risk of significant harm
        • record and keep engagement numbers provided by the Child Wellbeing Unit
        • contact the Child Wellbeing Unit about the safety, welfare and wellbeing of children and young people where
          • there are concerns about risk of harm, that do not meet the threshold of significant harm but are not trivial
          • the Mandatory Reporter Guide indicates this should be done
          • a case has been reported to the Department of Communities and Justice and did not meet the risk of significant harm threshold
          • there is an observable pattern of cumulative harm that does not meet the threshold of significant harm.
      3. Supporting children and young people
        • establish effective systems in their workplace for
          • child protection concerns to be identified in the course of the work of staff, reported and action taken, where appropriate, so vulnerable children and young people are supported
          • reasonable steps to be taken to coordinate decision-making and coordinate services to children and young people and their families with other local service providers, if required
          • collaborative work with other agencies for the care and protection of children and young people in ways that strengthen and support the family and in a manner that respects the functions and expertise of each service provider
        • exchange relevant information to progress assessments, investigations and case management as permitted by law
        • use best endeavours in responding to a request for a service from the Department of Communities and Justice provided that the request is consistent with departmental responsibilities and policies.
    2. Employees
      1. Training
        • participate in a child protection induction and in annual updates. This includes all staff principals, workplace managers, teaching and non-teaching staff, part-time, temporary and casual staff and those who join during the year.
      2. Reporting
        • adhere to mandatory procedures for conveying risk of harm concerns to the principal or workplace manager
        • adhere to mandatory procedures for reporting risk of significant harm to the Department of Communities and Justice
        • ensure, where they have reported any risk of significant harm concerns to the principal or workplace manager, that the principal or workplace manager has reported those concerns to the Department of Communities and Justice
        • report directly to the Department of Communities and Justice if they believe the principal or workplace manager has not reported risk of significant harm concerns to the Department of Communities and Justice, and they still have concerns about risk of significant harm
        • ensure that any relevant information that they become aware of, subsequent to a report being made to the Department of Communities and Justice or following contact with the Child Wellbeing Unit, is provided to the Department of Communities and Justice or the Child Wellbeing Unit respectively. If the additional information forms concerns about risk of significant harm a report must be made to the Department of Communities and Justice.
      3. Supporting children and young people
        • cooperate with reasonable steps to coordinate service delivery and decision-making with other relevant service providers
        • avoid undertaking any investigation of the circumstances giving rise to a report where risk of significant harm has been reported, without the express prior approval of the relevant Department of Communities and Justice case officer
        • inform students, including apprentices or trainees, of their right to be protected from abuse and of avenues of support if they have concerns about abuse.
  5. Monitoring and review
    1. The Director, Behaviour and Student Participation, monitors the implementation of this policy, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.
  6. Contact
    Child Protection Policy Team
    02 7814 0662
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