REPORTING CHILD SAFETY RELATED MISCONDUCT AND/OR CHILD ABUSE 

ST DAMIAN’S CATHOLIC CHURCH, BUNDOORA

WHO CAN REPORT? 

Any person (e.g. child, young person, parent, priest, employee, volunteer, parishioner) can make a report in relation to child-safety related misconduct and/or child abuse. 

REPORTING OBLIGATIONS: CLERGY, EMPLOYEES AND VOLUNTEERS 

All clergy, employees and volunteers have a duty of care to protect children and young people from harm and a moral, legal and ethical duty to effectively respond to and report all concerns, allegations or complaints of child-safety related misconduct and/or child abuse. 

It is a requirement of the Safeguarding Children and Young People Policy that St Damian clergy, employees and volunteers make a report if they have formed a reasonable belief that a child or young person has experienced abuse, is experiencing abuse or is at risk of harm (even if others do not hold a reasonable belief or do not believe a report should be made). 

Not reporting child safety concerns, complaints or allegations or preventing, influencing or coercing a person from making a report is a breach of the Safeguarding Children and Young People Policy and may result in disciplinary action and/or possible legal action. 

Please note: 

1.    It is important for all child safety concerns, allegations or complaints to be taken seriously. Too often in the past those reporting child abuse were not believed, their concerns were dismissed, and the interests and status of the alleged perpetrator (or the organisation) were given priority over the welfare of the victim. 

2.    Legal action cannot be taken against a person if a report is made in good faith (e.g. When there is a reasonable belief that abuse may be occurring) in compliance with the expectations set out in the safeguarding children and young people policy. 

3.    Victimising or harassing behaviour toward a person who has made a report is unacceptable and may result in disciplinary action. 

4.    Support (e.g. counselling, pastoral support) will be provided to all parties involved in relation to any child safety concerns, allegations or complaints 

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MANDATORY REPORTERS 

Sections 162, 182 and 184 of the Children, Youth and Families Act 2005 (Vic) and s 67ZA of the Family Law Act 1975 (Cth), establish a legal obligation for certain professionals to report child abuse to statutory authorities if they have formed a belief on reasonable grounds that a child is in need of protection from physical injury or sexual abuse and the child’s parents are unable or unwilling to protect the child. The failure of a mandatory reporter to make a report is considered a criminal offence. 

In Victoria, the following professionals are mandated to report: 

• Registered teachers, including early childhood teachers 
• School Principals 
• Registered medical practitioners 
• Nurses and midwives 
• Registered psychologists 
• Early childhood workers 
• Persons in religious ministry 
• Members of the police force 

WHEN TO ACT? 

Reporting child abuse requires a person to form a ‘reasonable’ belief that a child or young person has experienced abuse, is experiencing abuse or is at risk of harm. 

A reasonable belief might be formed by one or more of the following: 

• A child or young person discloses abuse 
  • Observing one or more physical and/or behavioural indicators of abuse 
  • A complaint or allegation is made about behaviour that compromises the safety, health or wellbeing of children or young people 
• Witnessing behaviour that suggests that a child or young person is being harmed or at risk of abuse 

Mandatory Reporting 

The legal obligations under s 162, 182 and 184 of the Children, Youth and Families Act 2005 (Vic) and s 67ZA of the Family Law Act 1975 (Cth) for certain professionals to report 

A reasonable belief is formed if a reasonable person in the same position would have formed the same belief on the same grounds. Definitive proof or evidence that abuse has occurred, is occurring, or that a child or young person is at risk is not required and it is not appropriate to undertake an investigation 

·       A child or young person reports that someone else is experiencing abuse (they may be referring to themselves) 

• A perpetrator discloses that they are harming a child or young person. 
• A child or young person creates drawings or stories that involve themes or events involving abuse. 
• An adult discloses historical abuse that occurred when they were a child. 

The disclosure of abuse can be a very difficult and emotionally challenging process for a child, young person or adult and needs to be handled sensitively and respectfully. See INFORMATION SHEET: Responding to Disclosures for useful information and guidelines for responding to disclosures in a supportive and effective manner. 

All information relating to a concern, allegation or complaint is to be treated with sensitivity and the upmost confidentiality. Disclosing or sharing information with those not directly responsible for responding to a concern or allegation (e.g. gossip) may have serious consequences for the safety and wellbeing of those involved and the integrity of any future investigation (e.g. evidence may be destroyed, witnesses may be threatened or the alleged perpetrator may be ‘tipped off’). Unauthorised breaches of confidentiality will result in disciplinary action. 

HOW DO WE REPORT A CONCERN, ALLEGATION OR COMPLAINT? 

Making a child-safety related misconduct and/or child abuse report involves notifying statutory authorities and the Professional Standards Unit (PSU) of the Catholic Archdiocese of Melbourne in a timely manner (as soon as practicable after forming a reasonable belief, unless the child or young person is in imminent danger). 

It is important to note that each concern, allegation or complaint that arises will vary. In some instances, we can immediately form a reasonable belief and proceed to make a report (e.g. a child has made a disclosure of abuse). In other instances, forming a reasonable belief may require careful observation and monitoring of the situation (e.g. observing possible indicators that may suggest that a child is experiencing abuse) over a period of time. 

Immediate danger If a child or young person is in imminent danger, a report to Victoria Police must be made immediately (phone ‘000’).