Safeguarding Children and Young People Policy

Purpose

Scope

This policy applies to:

• All members of the Nossal Institute Community including employees, students, Board members, volunteers, interns, consultants, partner organisations and associates.
• Individuals and organisations contractually obliged to comply with this policy.

All others engaged in activities reasonably connected with the Nossal Institute are expected to conduct themselves in a manner consistent with this policy.

The policy applies in all operational settings – domestically and internationally - and without fail wherever children and young people come into contact with or are impact by Nossal Institute’s activities, programs, services and/or facilities.

Any person, whether they are a member of the Nossal Institute community or not, can report a child safeguarding concern that is current or from any time in the past that is related to the Nossal Institute.

Policy Context

The Safeguarding Children and Young People Policy has been formally approved and endorsed by the Nossal Institute Board.

As a subsidiary of the University of Melbourne (the University), this policy supports compliance with  the University’s Child SafetyPolicy MPF1337 and utilises the University’s support services and reporting process.

This policy is situated within and supports compliance with domestic frameworks including:

• Child Wellbeing and Safety Act 2005 (Vic).
• Child Employment Act 2003 (Vic).
• Crimes Act 1958 (Vic).
• National Principles for Child Safe Organisations.
• National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030.
• Victorian Charter of Human Rights and Responsibilities.
• Victorian Child Safe Standards.
• Working with Children Act 2005 (Vic).

As a global health Institute, Nossal Institute also reaffirms through this policy our commitments to:

• The United Nations Convention on the Rights of the Child and its 3 optional protocols.
• The Geneva Declaration on the Rights of the Child.
• The International Labour Organization Convention 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

As a research Institute, Nossal Institute and its research programs adhere to the Australian Code for the Responsible Conduct of Research (2018) and the National Statement on Ethical Conduct in Human Research (2018) when conducting research activities with human participants, including research activities that involve contact with children and young people.

Defining child safeguarding

Child safeguarding is the responsibility of organisations, such as the Nossal Institute, to make sure that our own staff, operations, and programmes do no harm to children. It encompasses the processes and policies we put in place to ensure that we do not expose children to risk of, or actual, harm and abuse.

What is the difference between child safeguarding, child protection, and child safety?

While these terms overlap, child safeguarding is more specific to our responsibilities to protect children from harm caused by our own actions as an organisation.

Child protection encompasses the wider responsibility of all individuals and communities to prevent and respond to all violence, exploitation, and abuse against children, regardless of the context in which it occurs or in which it is detected. Child protection extends beyond harm caused by our own actions as an organisation into all aspects of life as individuals, families, communities, and societies. Child protection also describes the range of responses that may occur as a result of the detection and report of a suspected harm to a child or children, through response child safety and law enforcement agencies.

Child safety encompasses child safeguarding and protection as well as physical and environment child safety issues, such as hazards in a child’s physical environment that could lead to trips or falls, exposure to potentially dangerous equipment, materials, and substances (such as chemicals), or exposure to substances that pose a risk of cross-infection. This Code of Conduct does not comprehensively address such physical and environmental hazards.

For definitions relating to harm to children and young people, refer to Section 11 Definitions.

Guiding Principles

Zero tolerance

Nossal Institute has zero tolerance towards abuse, neglect and exploitation of children and young people. All concerns, suspicions, or incidents of actual or risk of harm will be treated seriously.

The prevention of harm to children is prioritised through careful assessment and mitigation of risks across the organisation, programs, and activities. Nossal Institute is committed to providing a safe environment for all children and young people.

A child-rights approach

Nossal Institute is committed to upholding the rights of children with the United Nations Convention on the Rights of the Child underpinning our approach to safeguarding outlined in this policy. Consideration of what is in the best interests of the child is key in any decision related to our work with children and young people.

Shared Responsibility

Child safeguarding is a shared responsibility within our organisation. All personnel, including leadership and Board members, are trained and supported to uphold the Safeguarding Children and Young People Policy and expected to role model child safeguarding behaviours.

Accountability and Transparency

Members of the Nossal Institute community are expected to adhere to ethical and professional standards of behaviour that prioritise the safety and wellbeing of the children and families we engage. Nossal Institute encourages feedback from all stakeholders and is committed to continuously improving our practice.

Nossal Institute will notify funding bodies of reported child safety concerns and incidents where required and appropriate.

Nossal Institute is committed to ensuring the Safeguarding Children and Young People Policy is available to all stakeholders including the children, families, and communities where we work, all members of the Nossal Institute community, and the wider public. Nossal Institute communicates key messages including standards of behaviour and reporting mechanisms.

Equity and Diversity

Nossal Institute has zero tolerance of racism and other forms of discrimination and take action when discrimination or exclusion is identified. Our safeguarding strategies must be responsive to the unique experiences, and the diverse circumstances of children and young people. This includes children and young people who are, or identify as Aboriginal and Torres Strait Islanders, culturally and linguistically diverse, LGBTQI+, children and young people with a disability and children and young people who are unable to live at home. Nossal Institute informs children and young people of their rights and gives all children and young people access to information, support, and complaints processes.

Framework for Implementation

Safeguarding Code of Conduct

Nossal Institute’s Safeguarding Children and Young People Code of Conduct clearly outlines the expected standards of behaviour for all members of the Nossal Institute community in their interaction with or in the presence of children.

The Safeguarding Children and Young People Code of Conduct has been designed to reflect the highest standards of practice in the environments in which members of the Nossal Institute community can reasonably expect to engage with children within Australia or overseas.

Compliance with this Code of Conduct is mandatory. Non-compliance will result in disciplinary action up to and including termination of engagement with Nossal Institute and criminal proceedings.

Nossal Institute’s behavioural expectations will meet or exceed all donor safeguarding requirements.

Reporting

Any person, whether they are a member of the Nossal Institute community or not, can report a child safety concern that is related to Nossal Institute community members and/or activities. A concern can be raised about an incident that occurred in Australia or overseas and a current incident or one that has occurred at any time in the past.

Reporting requirements for members of the Nossal Institute community

All members of the Nossal Institute community (including staff, students, volunteers, consultants and partner organisations) are required to immediately report suspected or actual child safety incidents, policy breaches, or code of conduct breaches in accordance with the reporting process outlined in this policy. Failure to do so is considered misconduct and may result in disciplinary action. Reportable conduct includes:

• Disclosures or complaints of harm or potential harm to a child made by children, young people, or adults.
• Breaches of policy and/or code of conduct.
• Concerns, allegations, suspicions, or observations of inappropriate behaviour by members of the Nossal Institute community.
• Child exploitation or child abuse materials that are received on Nossal Institute electronic equipment (this can include, but is not limited to, SPAM, popups, text messages, emails, or social media communications).
• Any additional information relating to an incident that has already been reported.

Members of the Nossal Institute community must create and keep accurate and secure records relevant to child safety and wellbeing, including recording incidents, responses and decisions affecting children.

Members of the Nossal Institute community covered by this policy may be subject to mandatory reporting obligations while carrying out Nossal Institute business in Australia and overseas. As soon as any member of the Nossal Institute community becomes aware of a risk of child sexual abuse, they have the legal duty to take steps to remove or reduce that risk, or to inform someone else who has the authority to do so.

Depending on the location, failure to disclose and protect may result in legal implications, including imprisonment. As such, members of the Nossal Institute community must be aware of their mandatory reporting obligations whilst carrying out Nossal Institute business and must report concerns in accordance with the process outlined in this policy.

Project design for all work undertaken outside of Victoria or Australia must encompass a review of local legislation, child protection systems and support systems to ensure that all personnel are aware of how to report concerns locally, and to highlight where external reporting may pose safety risks to children and young people.

Where to report

As a subsidiary of the University of Melbourne (the University), the Nossal Institute utilises the University’s support services and reporting process as outlined in the University’s Child SafetyPolicy MPF1337.

Note: in case of an immediate and severe threat to a child’s safety, call emergency services on 000 in Australia or 112 overseas if safe to do so.

Step1

• Reports from people outside the Nossal Institute community: People external to Nossal Institute can report child safety concerns and incidents related to Nossal Institute personnel and/or activities by contacting the Safer Community Program via phone, email, the online anonymous portal, or in-person on University campus. For urgent on-campus concerns, University Security is also available 24 hours. If reporting to Safer Community Program is not accessible, reports can be made to Nossal Institute personnel not implicated in the child safeguarding issue, including personnel from in-country partner organisations. Nossal Institute personnel will then immediately pass on the reports to the Safer Community Program and the Nossal Institute Chief Operating Officer (COO) to feed into the reporting process.
• Reports from members of the Nossal Institute community: Members of the Nossal Institute community (including staff, students, volunteers, interns, consultants, partner organisations, associates, and Board members) who become aware of child safety concerns and/or incidents in Australia or overseas must immediately report these in the first instance to the Safer Community Program, or if outside the Safer Community Program hours to the Nossal Institute COO. For urgent concerns on campus, University Security is also available 24 hours. The individual must then inform the Nossal Institute COO that a report has been made if they have not already done so. If necessary and appropriate, the individual should also consult with non-implicated local partner personnel to identify the safest immediate response in urgent situations outside of Australia.

Step 2

Following receipt of child safety reports (from people external or internal to Nossal Institute in Australia or overseas), staff from the Safer Community Program/University Security and (if required) the Nossal Institute COO will consult with the University’s Child Safety Officer to determine next steps. Where required and appropriate, next steps could include:

• Further information gathering about the child safeguarding concern.
• Consulting with in-country partners about country-specific frameworks and systems.
• Contacting relevant national and/or international child safety and law enforcement agencies or other support services.
• Nossal Institute COO notifying funding bodies of reports of child safety concerns and incidents.
• Disciplinary or remediation measures.
• Changes to or termination of contracts.
• Review of relevant policies and procedures.

Where personnel assess that external reporting to child safety and law enforcement agencies may pose a risk to a child’s safety, a written justification is provided and kept on file, and alternative sources for support and protection should be sought.

Confidentiality and non-victimization

Procedural fairness will be applied when responding to incidents, concerns or allegations of child exploitation or abuse. The confidentiality and privacy of all concerned (including the alleged perpetrator) will be maintained, except for when doing so would compromise the safety and wellbeing of the child or young person and/or investigation of the allegation, or when other reporting legislative requirements apply (such as, but not limited to, mandatory reporting, criminal offences, and reportable conduct scheme). Members of the Nossal Institute community must not treat someone unfairly or harshly or otherwise subject another person to reprisal action or detrimental action in response to that person reporting a child safety concern or incident.

Risk assessment and management

Nossal Institute recognises that potential risks to children can arise from our work in both the physical and online environment, and that implementing risk management processes that actively anticipate, respond to and prevent child abuse and exploitation risks is paramount in our practice. In undertaking international development assistance and research activities the Nossal Institute will:

• Institute child safe practices within its project systems.
• Assess risks to children in the online or physical environment prior to implementing a new activity and institute specific risk management strategies to reduce the risk.
• Consult with in-country partners regarding reporting procedures, legal frameworks, and risk management for child abuse and protection specific to each country and local context.

Monitoring and reviewing risks regularly (including after incidents, near misses and complaints) is vital to ensuring continuous improvement. Nossal Institute is committed to reviewing any systemic issues which may be contributing to or hindering the organisation from being safe for children.

Recruitment and selection

Nossal Institute is committed to ensuring robust recruitment and selection processes that signal the organisation’s commitment to safeguarding children at all stages of engagement. All personnel undergo rigorous selection processes to identify suitable personnel and deter unsuitable applicants. All contracts for engagement with Nossal Institute include provisions for suspension or transfer of duties for any personnel under investigation and provisions for dismissal at the conclusion of an investigation.

There is a focus on assessing for appropriate standards of behaviour at every stage of engagement through the following:

• All prospective positions are risk-assessed and appropriately screened.
• Nossal Institute’s commitment to safeguarding children is included in all position descriptions.
• A request that any prospective candidate disclose any charges of child exploitation or abuse offences.
• A minimum of two referee checks that include safeguarding questions will be obtained for all successful candidates.
• A requirement for criminal record check and Working with Children Check;
• A requirement for all prospective candidates working with children to undergo interviews incorporating behavioural based questions.

All personnel are required to:

• Complete a current criminal record check (or equivalent) and working with children check during recruitment and renew these checks when expired.
• Complete child safeguarding training.
• Sign the Nossal Institute Child Safeguarding Declaration, which covers the Nossal Institute Child Safeguarding Policy and Code of Conduct.

Ongoing training and support

Nossal Institute is committed to ensuring personnel are equipped with the skills and knowledge to safeguard children and young people who come into contact with our programs and activities, understand the responsibilities and boundaries of their roles and respond to and report any child safeguarding concerns.

Nossal Institute provides child safeguarding induction within four weeks of personnel starting, and prior to any project deployment and/or access to children and young people’s personal information or data. Personnel are provided with copies of the Safeguarding Children and Young People Policy, Safeguarding Children and Young People Code of Conduct and Reporting Procedure.

The induction process provides guidance relating to an individual’s safeguarding responsibilities and offers opportunities to seek clarity in relation to the commitments and behavioural expectations set out in our safeguarding policies. Upon engagement with Nossal Institute, personnel are required to sign the Child Safeguarding Policy to affirm their understanding of the policy and their obligations.

Child safeguarding training is undertaken by all personnel, at induction, with refresher training undertaken at a minimum of every 3 years. Nossal Institute has a training plan that outlines agendas and timeframes for ongoing education for all our personnel in relation to child safeguarding.

Ongoing support is also available to Nossal Institute personnel via the Child Safeguarding Focal Points, who can discuss non-reportable child safeguarding queries and support personnel in assessing child safeguarding implications within their roles and programs.

Engaging with Partners

Nossal Institute is committed to ensuring all partners and individual consultants are safe and appropriate to work with children. Partner organisations involved in projects that includes contact with or may impact children and young people are required by Nossal Institute to:

• Have embedded child safeguarding/protection policies that meet the standards outlined in the Nossal Institute’s Child Safeguarding Policy and Code of Conduct, and/or ensure there are mechanisms in place to ensure partner organisations comply with the Nossal Institute Child Safeguarding Policy and Code of Conduct, under its contractual arrangements.
• Have embedded reporting procedures that meet Nossal Institute’s reporting standards and/or comply with Nossal Institute’s Reporting process outlined in this Policy.
• Report any incidents, disclosures, or concerns about partner personnel to Nossal Institute via the reporting process outlined in this Policy.
• Provide child safeguarding/protection training that meets the standards outlined by Nossal Institute.
• Comply with any funding requirements.

Where required, Nossal Institute will work with partners to build capacity around child safeguarding requirements and processes.

Engagement with children, families, and the community

All safeguarding approaches and relevant procedures are contextualised and localised to the communities we work in. Where possible, Nossal Institute involves children, young people, and their families in developing a safe, inclusive, and supportive environment. We actively encourage children and young people to take part in the decision-making process, particularly on matters affecting them.

Nossal Institute makes available information to children, young people, and their families about:

• our commitment and approach to upholding and safeguarding the rights of children and young people.
• the behaviour we expect of the Nossal Institute community members.
• the behaviour we expect from the children, young people and their families involved in our projects.
• our policy and mechanisms for reporting abuse or concerns, translated and in child-friendly language where required.

Culturally safe environments for all Aboriginal children and their families

We are committed to fostering cultural safety for Aboriginal people and communities in all aspects of our work to ensure that Aboriginal culture is celebrated, and Aboriginal children, families and community members feel respected and able to express their cultural identities. Strategies to embed cultural safety of Aboriginal children, young people and their families include:

• An acknowledgement of country at the commencement of formal meetings or public events.
• Providing opportunities for children to share their cultural identity and express their culture.
• Celebrating NAIDOC week and acknowledging significant events including National Day of Healing and National Reconciliation Week.
• Where appropriate, consulting and seeking feedback from Aboriginal children, families, and communities on their experience of expressing their identity and further opportunities to promote Aboriginal culture and practices.

Policy non-compliance

Breaches of the Child Safeguarding Policy will lead to disciplinary action including possible dismissal and where a crime has or may have occurred, criminal proceedings.

For partners, breaches can also lead to termination of agreement.

Monitoring and Review

This policy is reviewed at a minimum every 3 years. The review process will seek contribution and feedback from relevant personnel and external stakeholders. Nossal Institute is committed to reviewing the Child Safeguarding Policy following incidents and near misses. Changes may also be made to the policy following key legislative change or emerging best practice standards.

When there are any updates or changes to this Policy, they will be communicated to all members of the Nossal Institute community and stakeholders.

Related Policies and Documents

• Nossal Institute for Global Health Safeguarding Children and Young People Code of Conduct
• University of Melbourne Child Safety Policy (MPF1337)
• University of Melbourne Sexual Misconduct Prevention and Response Policy (MPF1359)
• University of Melbourne Whistleblower Protection Policy (MPF1346)

Related Legislation

• Child Wellbeing and Safety Act 2005 (Vic)
• Children,YouthandFamiliesAct2005(Vic) Crimes Act 1958 (Vic)
• WrongsAct1958(Vic)
• TheWorkerScreeningAct2020(Vic)
• The Sentencing Act (1991) Vic

Roles and responsibilities

Nossal Institute Board responsibilities:

• Ensure compliance to the policy via the Board’s review of the Institute’s Risk Register and Framework, which includes reporting of child safety concerns and incidents to support a culture of openness and continued improvement and accountability.
• Ensure adequate resources are allocated to allow for the development, effective implementation, communication, and continuous improvement of this policy.
• Ensure the Institute reviews the Children and Young People Safeguarding Framework on a3-year cycle as a minimum or at a time governed by legislation, regulations, or organisational learnings that promote a change to the Policy and all relevant policy or procedural guidelines.

Director/Chief Operating Officer responsibilities:

• Advocate and promote child rights, empowering and engaging children, and young people in support of this policy.
• Ensure all members of the Nossal Institute community understand their obligations in accordance with this policy and any relevant policy and procedural documentation.
• Ensure this policy is implemented and adhered to.
• Ensure the development and implementation of required internal policy/ procedures and guidelines are in place to support safeguarding children and young people practices in accordance with the expectations of this policy.
• Ensure adequate resources are allocated to allow effective implementation of this policy.
• Ensure members of the Nossal Institute community are fully supported with any decision to initiate action to protect a child from abuse and neglect.
• Develop opportunities for regular discussion and review at all levels to support a culture of continuous improvement and accountability of keeping children and young people safe from abuse and neglect.
• Ensure that all personnel are aware of the appropriate recruitment, screening, and employment practice in relation to safeguarding children and young people.
• Support the reporting process for child safety concerns and incidents.

University of Melbourne Provost responsibilities:

• Notify the Commissioner for Children and Young People of any reportable allegations under the Reportable Conduct Scheme.

University of Melbourne Child Safety Officer (Director Student Services) responsibilities:

• Establish University internal processes for reporting and report suspected child abuse in accordance with the Reportable Conduct Scheme, mandatory reporting requirements (where applicable) and other applicable reporting requirements around child safety.

Child Safeguarding Focal Points responsibilities:

• Provide advice to Nossal Institute personnel regarding questions and concerns about the Safeguarding Children and Young People Framework, Policy, and Code of Conduct, the safeguarding reporting process and whether something needs to be reported, and child safeguarding implications in Nossal Institute programs and activities.

Employees, students, volunteers and contractors responsibilities:

• Advocate and promote child rights, empowering and engaging children, and young people in support of this policy.
• Maintain a full understanding of the commitments and expectations of this policy, as well as all other policy relevant to safeguarding children and young people.
• Ensure compliance with this policy, fully implementing and adhering to the commitments and expectations.
• To undertake any induction and training anticipated in this policy, in relation to policy and procedures relevant to safeguarding children and young people.
• To support a culture of openness, continued improvement and accountability to children and young people by engaging in regular review and discussion of organisational policies and practices and providing feedback to support improvement.
• To seek guidance from a supervisor or manager if there is ever any lack of understanding in relation to the commitments and expectations as set out in this policy.
• To adopt appropriate safeguarding practice and behaviour.
• To take action to protect children and young people from all forms of abuse and neglect.
• To report any abuse committed by members of the Nossal Institute community or by others.
• To assist in creating and maintaining a child safe culture and a culture of inclusion and safety.

Definitions

Child or young person: A person under the age of eighteen years.

Code of Conduct: The Code of Conduct aims to identify and prevent behaviour that may be harmful to children and young people. The Code of Conduct outlines what is, and what is not acceptable behaviour or practice when working with or engaging with children and young people.

Commercial exploitation: Commercial exploitation refers to exploiting a child in work or other activities for the benefit of others and to the detriment of the child’s physical or mental health, education, moral or social-emotional development. It includes, but is not limited to, child labour.

Emotional or psychological abuse: This describes persistent emotional or psychological maltreatment that impacts on a child’s emotional development. Emotionally or psychologically abusive acts can involve persistent verbal abuse, coercive or manipulative behaviour, restriction of movement, hostility towards a child, humiliation, belittling or scapegoating, conveying to a child that they are worthless, unloved, inadequate, or rejected, and non-physical ways of causing a child to frequently feel frightened or in danger.

Family 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 behaviour can involve the use of a variety of manipulative and controlling techniques used to build trust or normalise sexually harmful behaviour. Grooming can include communicating or attempting to befriend or purposely establishing a relationship or other emotional connection with a child, their family, or organisations they are engaged with. Grooming can involve behaviour in person and activities on social media, email, or phone.

Harm to a child: Harm to a child is any detrimental effect of a significant nature on the child’s physical, psychological, or emotional wellbeing. Harm can be caused by:

• Physical, psychological, or emotional abuse or neglect.
• Sexual abuse or exploitation.
• A single act, omission, or circumstance; and
• A series or combination of acts, omissions, or circumstances.

LGBTQI+: An acronym used to describe lesbian, gay, bisexual, transgender, queer or questioning and intersex persons or the community.

Neglect: Allowing for context, resources and circumstances, neglect refers to failure to meet a child’s basic physical and/or psychological needs, which is likely to result in serious impairment of a child’s healthy physical, spiritual, moral, and mental development. It includes the failure to properly supervise and protect children from harm and provide for nutrition, shelter, and safe living/working conditions. It may also involve maternal neglect during pregnancy as a result of drug or alcohol misuse and the neglect and ill treatment of a disabled child. Neglect can arise from a single event or a combination of different events.

Physical abuse: Physical abuse refers to actual or potential physical harm perpetrated when another adult or child intentionally or recklessly uses physical force against, with or in the presence of a child, which causes, or could cause, the child harm. Physical abuse can also occur when someone intentionally or recklessly causes a child to believe that physical force is about to be used against them without their consent. Physical abuse can include actual, witnessed, or threatened hitting, punching, kicking, poisoning, drowning, burning, shaking, pushing or throwing something that strikes a child.

Risk management: In the context of creating safe environments for children and young people, risk management consists of assessing and taking steps to minimise the risk of harm to children and young people because of the action of a member of personnel or another child or young person. Risk management includes planning the work of the organisation to reduce or minimise situations where children and young people may be abused.

Sexual abuse: Child sexual abuse is when a person uses power or authority over a child to force, entice, or otherwise involve them in sexual activity. It includes a broad range of behaviours involving a sexual element that are committed against, with or in the presence of a child. Sexual offences may involve contact, like touching or penetration. It can also include acts that to not involve physical contact like ‘flashing’, grooming, involving children in looking at or producing sexual images, watching sexual activities, and encouraging children to behave in sexually inappropriate ways. Further information regarding Australian definitions, legislative frameworks, strategies, and resources for preventing, reporting, investigating, and prosecuting child sexual abuse can be found via the Australian Government Department of Home Affairs.

Sexual exploitation: Sexual exploitation is a form of sexual abuse that 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. It usually involves manipulation and coercion, which may involve the offender befriending children, gaining their trust, and subjecting them to drugs and alcohol. It is a form of abuse that involves a power imbalance where the victim’s options are limited, and it can be misunderstood by children and adults as consensual. Child sexual exploitation manifests in different ways, including both online and offline. It can involve an older perpetrator exercising financial, emotional, or physical control over a young person. It may also involve opportunistic or organised networks of perpetrators who profit financially from trafficking young victims between different locations to engage in sexual activity.

Version

Version 1.1 approved by Nossal Institute for Global Health Board March 2024.

Date of next review: March 2027.

Download the Policy

If you need a word document version of the Policy, please email ni-info@unimelb.edu.au.