• The School
  The School provides all staff members with a copy of this policy and will provide all staff members with the
  opportunity to participate in child protection training annually.
• Staff members
  All new staff members must read this policy and sign the acknowledgement that they have read and understood
  the policy. All staff members must participate in annual child protection training and additional training, as
  directed by the Principal. The training complements this policy and provides information to staff about their legal
  responsibilities related to child protection and School expectations, including:
   mandatory reporting;
   reportable conduct;
   working with children checks; and
   professional boundaries.

Staff members
Staff members who engage in child-related work and eligible volunteers (including those volunteers working at
overnight camps) are required to:
 hold and maintain a valid WWCC clearance;
 not engage in child-related work at any time that they are subjected to an interim bar or a bar;
 report to the Principal if they are no longer eligible for a WWCC clearance, the status of their WWCC
clearance changes or are notified by the OCG that they are subjected to a risk assessment; and
 notify the OCG of any change to their personal details within 3 months of the change occurring. Failure to
do so may result in a fine.
It is an offence for an employee to engage in child-related work when they do not hold a WWCC clearance or if
they are subject to a bar.
All volunteers are required to:
 be aware and follow the expectations of conduct expressed in the School staff Code of Conduct.
 [Consider adding the additional requirement of ‘sign the Volunteer Statutory Declaration. Some
volunteers engaged in high risk roles may be required to have a Check’].

The School
The School is required to:
 verify online and record the status of each child-related worker’s WWCC clearance;
 only employ or engage child-related workers or eligible volunteers who have a valid WWCC clearance;
and
 advise the OCG of the findings they have made after completing a reportable conduct investigation,
including whether they have made a finding of reportable conduct. A finding of reportable conduct in
relation to sexual misconduct, a sexual offence or a serious physical assault must be referred to the OCG’s
Working with Children Check Directorate (WWCC Directorate). It is an offence for an employer to
knowingly engage a child-related worker who does not hold a WWCC clearance or who has a bar.

A WWCC clearance is authorisation under the WWC Act for a person to engage in child-related work.

Child-related work
Child-related work involves direct contact by the worker with a child or children and that contact is a usual part
of and more than incidental to the work. Child related work includes, but is not limited to work in the following
sectors:
 early education and child-care including education and care service, child-care centres and other child
care;
 Schools and other educational institutions and private coaching or tuition of children;
 religious services;
 residential services including boarding schools, homestays more than three weeks, residential services
and overnight camps;
 transport services for children including school bus services, taxi services for children with disability and
supervision of school road crossings; and
 counselling, mentoring or distance education not involving direct contact.
Any queries about whether roles/duties engage in child-related work should be directed to the Principal.

Application/Renewal
An application or renewal can be made through Service NSW or its replacement agency. The process for applying
for and renewing a WWCC clearance with the OCG involves a national police check and a review of findings of
misconduct. If the OCG grants or renews a WWCC clearance, the holder will be issued with a number which is
to be provided to the School to verify the status of a staff member’s WWCC clearance.

Refusal/Cancellation
The OCG can refuse to grant a WWCC clearance or cancel a WWCC clearance. The person is then restricted
from engaging in child-related work and not able to apply for another clearance for five years. Employers are
notified by the OGC and instructed to remove such persons from child-related work.

Interim bar
The OCG may issue an interim bar, for up to 12 months, to high risk individuals to prevent them from engaging
in child-related work while a risk assessment is conducted. If an interim bar remains in place for six months or
longer, it may be appealed to the Administrative Decisions Tribunal.
Not everyone who is subject to a risk assessment will receive an interim bar; only those representing a serious
and immediate risk to children.

Disqualified person
A disqualified person is a person who has been convicted, or against whom proceedings have been commenced
for a disqualifying offence outlined in Schedule 2 of WWC Act. A disqualified person cannot be granted a
WWCC clearance and is therefore restricted from engaging in child related work.

The OCG will continue to monitor criminal records and professional conduct findings of all WWCC clearance
holders through a risk assessment process.

Risk assessments
A risk assessment is an evaluation of an individual’s suitability for child-related work.
The OCG will conduct a risk assessment on a person’s suitability to work with children when a new record is
received which triggers a risk assessment. This may include an offence under Schedule 1, pattern of behaviour
or offences involving violence or sexual misconduct representing a risk to children and findings of misconduct
involving children.

• The School
  Independent Schools are defined as a reporting body by the WWC Act.
  The School is required to advise the OCG of the findings they have made after completing a reportable conduct
  investigation, including whether they have made a finding of reportable conduct. A finding of reportable conduct
  in relation to sexual misconduct, a sexual offence or a serious physical assault, must be referred to the OCG’s
• WWCC Directorate. Information must also be referred internally to the OCG’s WWCC Directorate if it meets the
  threshold for consideration of an interim WWCC bar, as per Section 17 of the WWC Act, pending a formal risk
  assessment.
  The School may also be obliged to report, amend or provide additional information to the OCG as outlined in the
  WWC Act and the Children’s Guardian Act.
• Finding of misconduct involving children
  The School will report any finding of reportable conduct to the OCG.
  When informing an employee of a finding of reportable conduct against them, the School should alert them to
  the consequent report to the WWCC Directorate in relation to sustained findings of sexual misconduct, a sexual
  offence or a serious physical assault.
  The WWC Act enables a person who has a sustained finding referred to the OCG to request access to the records held by the School
  in relation to the finding of misconduct involving children, once final findings are made. The entitlements of a person to request
  access to information in terms of section 46 of the WWC Act is enlivened when a finding of misconduct involving children has been
  made.
• Other information
  The School may also be required to provide information to the OGC that is relevant to an assessment of whether
  a person poses a risk to the safety of children or the OCG’s monitoring functions.

• Section 29 of the Children’s Guardian Act 2019 requires the Heads of Entities, including non-government schools
  in New South Wales, to notify the OCG of all allegations of reportable conduct and convictions involving an
  ’employee’ and the outcome of the School’s investigation of these allegations. Under the Children’s Guardian Act
  2019, allegations of child abuse only fall within the reportable conduct jurisdiction if the involved individual is
  an employee of the relevant entity at the time when the allegation becomes known by the Head of Entity.

• Reportable Conduct:
   involves a child (a person under the age of 18 years) at the time of the alleged incident; and
   involves certain defined conduct as described in the Act (see below).
  The OCG:
   must keep under scrutiny the systems for preventing reportable conduct by employees of non-government
  schools and the handling of, or response to, reportable allegations (including allegations which are
  exempt from notification) or convictions;
   must receive and assess notifications from non-government schools concerning reportable conduct or
  reportable convictions;
   is required to oversee or monitor the conduct of investigations by non-government schools into
  allegations of reportable conduct or reportable convictions;
   must determine whether an investigation that has been monitored has been conducted properly and
  whether appropriate action has been taken as a result of the investigation;
   may directly investigate an allegation of reportable conduct or reportable conviction against an employee
  of a non-government school, or the handling of or response to such a matter (eg arising out of complaints
  by the person who is the subject of an allegation); and  may investigate the way in which a relevant entity has dealt with, or is dealing with, a report, complaint
  or notification, if the OCG considers it appropriate to do so.

• Reportable conduct

Under the Children’s Guardian Act 2019, reportable conduct is defined as:
 a sexual offence;
 sexual misconduct;
 an assault against a child;
 ill-treatment of a child;
 neglect of a child;
 an offence under section 43B (failure to protect) or section 316A (failure to report) of the Crimes Act
1900; and
 behaviour that causes significant emotional or psychological harm to a child.
Reportable conduct does not extend to:
 conduct that is reasonable for the purposes of the discipline, management or care of children, having
regard to the age, maturity, health or other characteristics of the children and to any relevant codes of
conduct or professional standards; or
 the use of physical force that, in all the circumstances, is trivial or negligible and the circumstances in
which it was used have been investigated and the result of the investigation has been recorded in
accordance with appropriate procedures; or
 conduct of a class or kind exempted from being reportable conduct by the Children’s Guardian Act under
section 30.

Definitions
The following definitions relate to reportable conduct:
 Sexual offence: an offence of a sexual nature under a law of the State, another State, a Territory, or the
Commonwealth, committed against, with or in the presence of a child, such as:
– sexual touching of a child;
– a child grooming offence;
– production, dissemination or possession of child abuse material.
Definitions of ‘grooming’, within child protection legislation, are complex. Under the Crimes Act,
grooming or procuring a child under the age of 16 years for unlawful sexual activity is classed as a sexual
offence. The Crimes Act (s73) also extends the age of consent to 18 years when a child is in a ‘special care’
relationship. Under Schedule 1(2) of the WWC Act, grooming is recognised as a form of sexual misconduct.
The Children’s Guardian Act 2019 and this Child Protection Policy reflect these definitions within the
context of the Reportable Conduct Scheme (Division 2).
An alleged sexual offence does not have to be the subject of criminal investigation or charges for it to be
catagorised as a reportable allegation of sexual offence.
 Sexual misconduct: conduct with, towards or in the presence of a child that is sexual in nature (but not a
sexual offence). The Act provides the following (non-exhaustive) examples:
– descriptions of sexual acts without a legitimate reason to provide the descriptions;
– sexual comments, conversations or communications;
– comments to a child that express a desire to act in a sexual manner towards the child, or another child.
Note – crossing professional boundaries comes within the scope of the scheme to the extent that the alleged
conduct meets the definition of sexual misconduct. That is, the conduct with, towards or in the presence of
a child that is sexual in nature (but is not a sexual offence).

 Assault: an assault can occur when a person intentionally or recklessly (ie. knows the assault is possible
but ignores the risk):
– applies physical force against a child without lawful justification or excuse – such as hitting, striking,
kicking, punching or dragging a child (actual physical force); or
– causes a child to apprehend the immediate and unlawful use of physical force against them – such as
threatening to physically harm a child through words and/or gestures regardless of whether the person
actually intends to apply any force (apprehension of physical force)
 lll-treatment: is defined as conduct towards a child that is:
– unreasonable; and
– seriously inappropriate, improper, inhumane or cruel.
Ill-treatment can include a range of conduct such as making excessive or degrading demands of a
child; a pattern of hostile or degrading comments or behaviour towards a child; and using
inappropriate forms of behaviour management towards a child.
 Neglect: defined as a significant failure to provide adequate and proper food, supervision, nursing,
clothing, medical aid or lodging for a child that causes or is likely to cause harm – by a person who has
care and/or has responsibility towards a child.
Neglect can be an ongoing situation of repeated failure by a caregiver to meet a child’s physical or
psychological needs, or a single significant incident where a caregiver fails to fulfill a duty or obligation,
resulting in actual harm to a child where there is the potential for significant harm to a child. Examples of
neglect include failing to protect a child from abuse and exposing a child to a harmful environment.
 Behaviour that causes significant emotional or psychological harm to a child is conduct that is
intentional or reckless (without reasonable excuse), obviously or very clearly unreasonable and which
results in significant emotional harm or trauma to a child.
For a reportable allegation involving psychological harm, the following elements must be present:
– An obviously or very clearly unreasonable or serious act or series of acts that the employees knew or
ought to have known was unacceptable, and Evidence of psychological harm to the child that is more than transient, including displaying patterns
of ‘out of character behaviour’, regression in behaviour, distress, anxiety, physical symptoms or self harm, and
– An alleged causal link between the employee’s conduct and the significant emotional or psychological
harm to the child.
 Reportable allegation is an allegation that an employee has engaged in conduct that may be reportable
conduct.
 Reportable conviction means a conviction (including a finding of guilt without the court proceeding to
a conviction), in NSW or elsewhere, of an offence involving reportable conduct.
 Employee of an entity includes:
– an individual employed by, or in, the entity
– a volunteer providing services to children
– a contractor engaged directly by the entity (or by a third party) where the contractor holds, or is
required to hold, a WWCC clearance for the purposes of their work with an entity; and
– a person engaged by a religious body where that person holds, or is required to hold, a WWCC
clearance for the purposes of their work with the religious body.
 ESOA (Employee Subject Of the Allegation).

• Process for reporting of reportable conduct allegations or convictions

Staff members
Any concerns about any other employee engaging in conduct that is considered inappropriate, or reportable
conduct, or any allegation of inappropriate or reportable conduct made to the employee or about the employee
themselves must be reported to the Principal. Where it is uncertain if the conduct is reportable conduct but is
considered inappropriate behaviour this must also be reported.
Staff members must also report to [the Principal] when they become aware that an employee has been charged
with or convicted of an offence (including a finding of guilt without the court proceeding to a conviction)
involving reportable conduct. This includes information relating to the employee themselves.
If the allegation involves the Principal, the staff member must report to the Chairman of the School Board.

Parents, carers and community members
Parents, carers and community members are encouraged to report any conduct that is in their view inappropriate,
reportable or criminal conduct to [The Principal] or their delegate. All such reports will be dealt with in
accordance with the School’s complaint handling procedures.

The School
The Principal, as the Head of Entity under the Children’s Guardian Act 2019, must:
 Ensure specified systems are in place for preventing, detecting and responding to reportable allegations
or convictions
 Submit a 7-day notification form to the OCG within 7 business days of becoming aware of a reportable
allegation or conviction against an employee of the entity (unless the Head of the Entity has a
reasonable excuse),
The notification should include the following information:
(a) that a report has been received in relation to an employee of the School, and
(b) the type of reportable conduct, and
(c) the name of the employee, and
(d) the name and contact details of School and the Head of Entity, and
(e) for a reportable allegation, whether it has been reported to Police, and

(f) if a report has been made to the Child Protection Helpline, that a report has been made, and
(g) the nature of the relevant entity’s initial risk assessment and risk management action,
 The notice must also include the following, if known to the Head of Entity:
(a) details of the reportable allegation or conviction considered to be a reportable conviction,
(b) the date of birth and working with children number, if any, of the employee the subject of the report,
(c) the police report reference number (if Police were notified),
(d) the report reference number if reported to the Child Protection Helpline,
(e) the names of other relevant entities that employ or engage the employee, whether or not directly, to
provide a service to children, including as a volunteer or contractor.
 Maximum penalty for failure to notify within 7 business days —10 penalty units.

• Process for investigating an allegation of reportable conduct

The Principal is responsible for ensuring that the following steps are taken to investigate an allegation of
reportable conduct.

Initial steps
Once an allegation of reportable conduct against an employee is received, the Principal is required to:
 determine whether it is an allegation of reportable conduct;
 assess whether the DCJ or the Police need to be notified (ie, if reasonable grounds to suspect that a child
is at risk of significant harm or a potential criminal offence). If they have been notified, seek clearance
from these statutory agencies prior to the School proceeding with the reportable conduct investigation;
 notify the child’s parents (unless to do so would be likely to compromise the investigation or any investigation by the DCJ or
Police);
 notify the OCG within 7 business days of receiving the allegation;
 carry out a risk assessment and take action to reduce/remove risk, where appropriate; and
 provide an initial letter to the ESOA advising that an allegation of reportable conduct has been made
against them and the School’s responsibility to investigate this matter under Section 34 of the Children’s
Guardian Act 2019; and
 investigate the allegation or appoint someone to investigate the allegation.

Investigation principles
During the investigation of a reportable conduct allegation the School will:
 follow the principles of procedural fairness;
 inform ESOA of the substance of any allegations made against them, at the appropriate time in the
investigation, and provide them with a reasonable opportunity to respond to the allegations;
 make reasonable enquiries or investigations before making a decision;
 avoid conflicts of interest;
 conduct the investigation without unjustifiable delay;
 handle the matter as confidentially as possible; and
 provide appropriate support for all parties including the child/children, witnesses and the ESOA.

Investigation steps
In an investigation the Principal or appointed investigator will generally:
 interview relevant witnesses and gather relevant documentation;
 provide a letter of allegation to the ESOA;
 provide the ESOA with the opportunity to provide a response to the allegations either in writing or at
Interview;
 consider relevant evidence and make a preliminary finding in accordance with the OCG guidelines;
 inform the ESOA of the preliminary finding in writing by the Head of Entity and provide them with a
further opportunity to respond or make a further submission prior to the matter moving to final findings;
 consider any response provided by the ESOA;
 make a final finding in accordance with the OCG guidelines;
 decide on the disciplinary action, if any, to be taken against the ESOA;
 if it is completed, send the final report to the OCG within 30 days after having received the allegation, as
per section 36 of the Children’s Guardian Act 2019.
 should the final report be unfinished within 30 days, the Head of Entity must provide, at minimum, an
interim report to the OCG within 30 days of having received the allegation, as per section 38 of the
Children’s Guardian Act 2019.

Submission of an interim report must include;
– a reason for not providing the final report within 30 days and an estimated time frame for completion
of the report.
– specific information, including (if known); the facts and circumstances of the reportable allegation;
any known information about a reportable conviction; action taken since the OCG received a
notification about the reportable allegation or reportable conviction; further action the Head of Entity
proposes to take in relation to the reportable allegation or reportable conviction; including if the Head
of Entity proposes to take no further action; the reasons for the action taken and the action proposed to
be taken or the reasons for the decision to take no further action; other information prescribed by the
regulations; and
– be accompanied by copies of documents in the School’s possession, including transcripts of interviews
and copies of evidence.

The steps outlined above may need to be varied on occasion to meet particular circumstances. For example, it
may be necessary to take different steps where the matter is also being investigated by the DCJ or Police.
An ESOA may have an appropriate support person with them during the interview process. Such a person is there
for support only and as a witness to the proceedings and not as an advocate or to take an active role.

• Risk management throughout an investigation of a reportable conduct allegation

Risk management means identifying the potential for an incident or accident to occur and taking steps to reduce
the likelihood or severity of its occurrence.
The Principal is responsible for risk management throughout the investigation and will assess risk at the beginning
of the investigation, during and at the end of the investigation.

Initial risk assessment
Following an allegation of reportable conduct against an employee, the Principal conducts an initial risk
assessment to identify and minimise the risks to:
 the child(ren) who are the subject of the allegation;
 other children with whom the employee may have contact;
 the ESOA;
 the School, and
 the proper investigation of the allegation.
The factors which will be considered during the risk assessment include:
 the nature and seriousness of the allegations;
 the vulnerability of the child(ren) the ESOA has contact with at work;
 the nature of the position occupied by the ESOA;
 the level of supervision of the ESOA; and
 the disciplinary history or safety of the ESOA and possible risks to the investigation.
The Principal will take appropriate action to minimise risks. This may include the ESOA being temporarily
relieved of some duties, being required not to have contact with certain students, being asked to take paid leave,
or being suspended from duty. When taking action to address any risks identified, the School will take into
consideration both the needs of the child(ren) and the ESOA.
A decision to take action on the basis of a risk assessment is not indicative of the findings of the matter. Until the
investigation is completed and a finding is made, any action, such as an employee being suspended, is not to be
considered to be an indication that the alleged conduct by the employee did occur.

Ongoing risk assessment
The Principal will continually monitor risk during the investigation including in the light of any new relevant
information that emerges.
6.4.3 Findings
At the completion of the investigation, a finding will be made in relation to the allegation and a decision made
by the Principal regarding what action, if any, is required in relation to the ESOA, the child(ren) involved and
any other parties.
6.4.4 Information for the ESOA
The ESOA will be advised:
 that an allegation has been made against them (at the appropriate time in the investigation); and
 of the substance of the allegation, or of any preliminary finding and the final finding.
The ESOA does not automatically have the right to:
 know or have confirmed the identity of the person who made the allegation; or
 be shown the content of the OCG notification form or other investigation material that reveals
information provided by other employees or witnesses.
The WWC Act enables a person who has a sustained finding referred to the OCG to request access to the records held by the School
in relation to the finding of misconduct involving children, once final findings are made. The entitlements of a person to request
access to information in terms of section 46 of the WWC Act is enlivened when a finding of misconduct involving children has been
made.

Disciplinary action
As a result of the allegations, investigation or final findings, the School may take disciplinary action against the
ESOA (including termination of employment).
In relation to any disciplinary action the School will give the ESOA:
 details of the proposed disciplinary action; and
 a reasonable opportunity to respond before a final decision is made.

Confidentiality
It is important when dealing with allegations of reportable conduct that the matter be dealt with as confidentially
as possible.
The School requires that all parties maintain confidentiality during the investigation including in relation to the
handling and storing of documents and records.
Records about allegations of reportable conduct against employees will be kept [in a secure area] and will be
accessible by [the Head of Entity or with the Head of Entity’s express authority].
No employee may comment to the media about an allegation of reportable conduct unless expressly authorised
by the Principal to do so.
Staff members who become aware of a breach of confidentiality in relation to a reportable conduct allegation
must advise the Principal.