Archdiocese of Canberra and Goulburn
Catholic Education Office

Child Protection – Mandatory Reporting NSW

Related Policies:

Child Protection
Child Protection (NSW): Responding to Allegations of Reportable Conduct and Allegations of Misconduct that May Involve Reportable Conduct Made Against School Employees
Complaints

Purpose:

To provide direction to School Principals, Teachers and other Mandated Reporters working in schools about making a report to NSW Department of Community Services (DoCS) regarding concerns for the safety, welfare or wellbeing of a Child or Young Person.

Policy:

A Mandated Reporter must make a report to DoCS if the Mandated Reporter has a current concern that a child is at risk of harm and that concern arises in the Mandated Reporter's course of employment. The Mandated Reporter does not need to investigate or prove his or her concern.

If a Mandated Reporter is unsure whether to make a report the reporter should discuss his or her concerns with a DoCS intake officer. This can be done by phoning the Mandated Reporters line 133627.

It is not mandated under NSW law for Mandated Persons to make reports regarding young persons (a person who is aged 16 years or above but who is under the age of 18 years). It would be expected, however, that it would only be in rare circumstances that a report would not be made if a Mandated Person had a current concern that a young person is at risk of harm.

Whilst Mandated Reporters are obliged to make a report to DoCS, it will be usual practice that the report will be made through the Principal. The Principal will ensure that accurate records are kept of all reports and must ensure that the Mandated Reporter is informed of the initial action plan provided to the Principal by DoCS.

If a Mandated Reporter is not satisfied that the Principal has made a report to DoCS the Mandated Reporter must make a report on his or her own behalf to DoCS. The Mandated Reporter then must inform the Principal of his or her action and provide the Principal with a copy of the initial action plan provided to the Mandated Reporter by DoCS.

Principals must ensure that Mandated Reporters and the wider school community are made aware of school policy and protocols for making reports to DoCS.

If a Mandated Reporter is not satisfied that the Principal has made a report to DoCS the Mandated Reporter must make a report on his or her own behalf to DoCS. The Mandated Reporter then must inform the Principal of his or her action and provide the Principal with a copy of the initial action plan provided to the Mandated Reporter by DoCS.

Principals must ensure that Mandated Reporters and the wider school community are made aware of school policy and protocols for making reports to DoCS.

Mandated Reporters have a professional responsibility to safeguard the child or young person's right to privacy. Providing information to other agencies or persons about any report made to DoCS or the circumstances leading to the report being made must only occur on the advice of DoCS or the Director of Education.

The Principal, in consultation with other agencies, is to ensure that the school's pastoral care structures effectively support students at risk of harm, their families and staff directly involved with the student.

Definitions:

Child is a person under 16 years of age.

Current Concern simply means at the time of making the report you were concerned about the safety, welfare or wellbeing of the child or young person. (Do You Work With Children or Young People? Are You a Mandatory Reporter DoCS Brochure)

Mandated Reporter is defined in s 27 Children and Young Person (Care and Protection) Act 1998 (NSW). For the purposes of this policy and compliance with NSW law, a mandated reporter includes those who in the course of paid employment deliver education or other children's services to children.

Risk of Harm a child or young person is "at risk of harm" if current concerns exist for the safety, welfare or well-being of the child or young person because of the presence of any one or more of the following circumstances:

(a) the child's or young person's basic physical or psychological needs are not being met or are at risk of not being met;

(b) the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care;

(c) the child or young person has been, or is at risk of being, physically or sexually abused or ill-treated;

(d) the child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm;

(e) a parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm.

Physical or sexual abuse may include an assault and can exist despite the fact that consent has been given. S 23 Children and Young People (Care and Protection) Act 1998 (NSW)

Young Person is a person who is aged 16 years or above but who is under the age of 18 years .

Procedures:

1. Each school should have a policy on how mandatory reports will be made and who will make reports.

2. Reports by Mandated Persons should be made to DoCS 133 627. Other persons call 132 111.

3. In some circumstances reports may be made by fax using the form: DoCS NSW Mandated Report Standard Fax Form. This completed form must be faxed to the DoCS helpline 9633 7666.

4. If there is a life threatening situation you should ring 000 immediately.

5. When making a report have available all relevant information that is available about the child or young person's situation and family structure. This includes his or her full name, age, parents' names, names of known siblings and contact details.

6. In order to make an initial assessment of the risk of harm to the child or young person the caseworker may ask you about the following issues:

• Is the child or young person residing in NSW or did the issues of concern occur in NSW?
• Can you describe the child or young person and his or her current whereabouts or a place he or she regularly goes?
• Do you suspect on reasonable grounds that the child or young person is at risk of harm or is the child or young person homeless?

7. When making a report, you will only be asked for information that is directly relevant to making this report or which helps DoCS make an initial assessment of the case. You might be contacted later about further information that you may have about the case.

8. If the report concerns the conduct or negligence of an employee of the Catholic Education Office the Director of Catholic Education must be informed as soon as possible of the circumstances leading to the report being made.

9. After any report is made the Director of Education must be informed of the report using the Form for Notification of Mandatory Report to DoCS. The child or young person's identification details need not be recorded on the form.

10. When a DoCS or Police Officer attends school to interview a student in relation to a child protection matter the Principal must:

10.1 sight the identification details of the officer;

10.2 arrange for the interview to take place discreetly and to ensure that the student's privacy is respected;

10.3 ensure that the officer is aware of the cultural background of the student and any other relevant information about the intellectual / developmental level of the student and any difficulties he or she may have with communication;

10.4 ensure that the officer has been given the opportunity to explain his or her role to the student in the presence of the Principal or the Principal's delegate;

10.5 ensure that the student has agreed to be involved in the interview;

10.6 ensure that a supportive adult, acceptable to the student, is present for the interview (unless the student does not wish a support person to be present);

10.7 provide post-interview support/follow up for the student as required;

10.8 check that officers have undertaken to advise the student's parents that an interview has taken place.

11. When a DoCS officer or Police Officer attends school to remove a student from school the Principal must:

11.1 sight the identification details of the officer;

11.2 check with the officer's supervisor that authorisation has been granted to remove the student;

11.3 check that the officer has or will inform the parent / guardian that the action has taken place;

11.4 inform the Director of Education that the student has been removed;

11.5 make a written record of the actions taken.

12. When a DoCS or Police Officer requests to interview a staff member(s), the Principal should not reveal the name of relevant staff members without their consent. Staff members may decline to be interviewed.

13. The Director of Catholic Education must approve any request by DoCS to access school records.

References:

Children and Young People (Care and Protection) Act 1998 (NSW)

Do You Work With Children or Young People? Are You a Mandatory Reporter DoCS Brochure

Department of Community Services: Child Protection Website

Forms:

Form for Notification of Mandatory Report to DoCS

DoCS NSW Mandated Report Standard Fax Form

Last updated on December 2, 2006