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s119 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AntiDiscrimA91.pdf (new window) Chapters 1, 2, 3, 5 and 5A; s59-62; s186-188 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/ChildProtectA99.pdf (new window) s 32-33; Part 6; Schedule 1 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CommisChildA00.pdf (new window) Schedule 2A http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CommisChildR01.pdf (new window) Section 3A http://www.legislation.qld.gov.au/LEGISLTN/SLS/2006/06SL102.pdf (new window) Chapters 22, 30, 32 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf (new window) Chapter 2 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CrimeandMisA01.pdf (new window) Sections 364-366; s426 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducGenPrA06.pdf (new window) s76 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/H/HealA37.pdf (new window) 2002 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicRecA02.pdf (new window) Parts 3 and 4 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicSecEthA94.pdf (new window) Part 6 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicServA96.pdf (new window) Parts 3, 4 and 5 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WhistleblowA94.pdf (new window) Part 4 and 8 http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2008/08AC009.pdf http://education.qld.gov.au/publication/production/reports/pdfs/code-school-behaviour-a3.pdfThis policy applies to all Education Queensland employees including school staff members (new window) 268k as well as district, regional and central office personnel. It also includes other employees (new window) 268k of State schools, that is, non departmental employees working in a school context (such as Youth Support Coordinators, School-Based Youth Health Nurses and Chaplains), volunteers and regular or on-going visitors to the school. Relevant contexts include escorting students on camps, excursions, educational programs external to a school including a TAFE college and tours within or outside Australia. This policy should be considered in relation to the Department's Code of Conduct and the Code of School Behaviour (new window) or where the employing agency has a Memorandum of Understanding or contractual arrangement with the Department.
In keeping with the principles set out in the Child Protection Act 1999, Education Queensland asserts that the welfare and best interests of children are paramount and all children have a right to protection from harm.
Harm (new window) 268k includes any significant detrimental effect on a child's or young person's physical, psychological or emotional wellbeing. This could include harm to an unborn child.
Harm (new window) 268k could be caused by:
For the purpose of this policy and procedure, harm to students is considered as being categorised as:
Education Queensland is committed to providing safe and supportive learning environments, to preventing incidents of harm to students and to responding when an Education Queensland employee or employee of a State school reasonably suspects harm or risk of harm to students. All personnel employed in schools are required to support students who are victims of harm, or at risk of harm and, where appropriate and permitted by law, work in partnership with other statutory agencies that are involved in child protection.
Student Protection Training
All State school employees (ie. Education Queensland employees and non-departmental employees), short-term contractors working on a school site, volunteers and regular and on-going visitors are inducted into Education Queensland's Student Protection policy and procedure.
Members of teaching staff, principals and members of the administration team, specialist and support staff (eg. Guidance Officers, Chaplains and Youth Support Coordinators) complete the online course and discussion module when newly employed to work in schools.
All other school-based employees of Education Queensland complete either the online course and discussion module or school-based Student Protection training, including clarification of responsibilities and obligations of employees, when newly employed with the department.
School-Based Youth Health Nurses (employed by Queensland Health) complete the school-based Student Protection training when commencing work with the department.
School-based employees who have limited contact with students or where their levels of literacy may make participation in the online course problematic (eg. bi-lingual teacher aides) may complete the school-based Student Protection training.
Other non-departmental employees (including short-term contractors working on the school site), volunteers and regular and on-going visitors receive some form of student protection training, as determined by the principal, including provision of the Student Protection Fact Sheet (new window) .
Education Queensland employees based in regional, district and central offices complete either the online course or site-based Student Protection training when newly employed with the department.
Obtaining guidance when an employee suspects a student has been harmed or is at risk of harm
Employees (new window) 268k are not expected to be experts in the area of harm and should err on the side of caution in terms of reporting their suspicions, to enable those who are experts to investigate further. Employees who have any suspicion that a student is being harmed or is at risk of harm are required to report their concerns to the principal or Executive Director (Schools). Employees who suspect that an unborn child may be at risk of harm are required to report their suspicion to the principal (eg: In the case of a pregnant student engaging in substance abuse/misuse).
Employees (including principals) are not to investigate (except as part of an internal process to determine a School Disciplinary Absence or Public Service Disciplinary matter) any aspect of a suspicion of harm or risk of harm but, where appropriate, are required to report the matter to the Department of Child Safety and Queensland Police Service.
Reporting harm caused by a person not employed by the department including family members, strangers, parent helpers, volunteers, regular or on-going school visitors or unknown
Principals discuss employees' suspicions with them and decide if they reasonably suspect the student has been harmed or is at risk of harm, or an unborn child may be at risk of harm. To reasonably suspect means the principal suspects on grounds that are reasonable in the circumstances.
If the principal decides that he/she reasonably suspects the student has been harmed or is at risk of harm, or an unborn child may be at risk of harm, the employee is required to complete SP4: Report of Suspected Harm or Risk of Harm, have it counter-signed by the principal, and forward it to the Department of Child Safety and Queensland Police Service as a matter of urgency.
In the situation where a principal does not reasonably suspect that a student has been harmed or is at risk of harm, or an unborn child may be at risk of harm, the principal is required to take steps to risk manage the student's situation. This may include advising the employee who reported the suspicion to closely monitor the student 's situation and to report any further concerns to the principal. The employee is to also be advised that they have the right to make a voluntary report directly to the Department of Child Safety or Queensland Police Service. Where a report is made voluntarily, in a personal capacity, the reporter will not be eligible for Crown indemnity. The principal's decision and risk management steps are to be documented and the record stored in a secure location.
Since the legislative framework is different for different situations, it is crucial that this policy is followed carefully with respect to reporting sensitive information. Staff who are threatened with legal action as a result of making a child protection report under either the Child Protection Act 1999 or Education (General Provisions) Act 2006 should contact the department's Legal and Administrative Law Branch to obtain advice and discuss the Crown indemnity process.
If principals or employees require guidance or advice in relation to a student protection matter they are advised to contact the Education Queensland district child safety contact (in their local district office), the department's Student Services Division or Ethical Standards (in the case of harm caused by an employee).
Education Queensland will not condone behaviours (e.g. a child witnessing Domestic or Family Violence) that fall into the definition of harm (new window) 268k . While recognising that parents and students come from diverse cultural backgrounds, Education Queensland will not condone behaviours based on cultural custom that fall into the definition of harm (e.g. caning children or Female Genital Mutilation (new window) 97k ).
Voluntary reporting of suspected harm to a child or young person
While this policy sets out the actions required to be taken by an employee in certain contexts,
every employee, student, parent or member of the public has the right to make a voluntary report directly to the Department of Child Safety or Queensland Police Service, if they suspect that a child or young person is being harmed or is at risk of harm; or an unborn child may be at risk of harm after being born (see section 22 Child Protection Act 1999 (new window) ); or to make a report of suspected official misconduct (new window) 268k directly to the Crime and Misconduct Commission. Where a report is made voluntarily, in a personal capacity, the reporter will not be eligible for Crown indemnity.
Unlawful sexual relationships between children and young people
There are particular legislative frameworks governing sexual activity with and between young people. In Queensland, engaging in sexual conduct with a young person under the age of 16 years - (see s215(1) Criminal Code (new window) ) (under the age of 18 years, if the conduct involved is sodomy) - (see s208(1) Criminal Code (new window) ) is a criminal offence, irrespective of whether this contact appears to be consensual or the persons involved are both under the age of 16. If a school staff member becomes aware or reasonably suspects that there has been sexual conduct involving a young person under the age of 16 years (or 18 years for sodomy), they are required to report this to the principal.
Where the sexual activity is apparently consensual and involves two young people under the age of 16 (or 18 years, in the case of sodomy), the principal should seek the consent of the student/s concerned to discuss the matter with their parents. If the principal is reasonably satisfied that the young person is unable to give consent (by reason of immaturity, disability or other circumstances) the principal may contact the student/s parents. Such actions should be documented. In this situation it is the matter for the parents to make a report to the police if they so wish.
Where the student does not consent to the matter being discussed with their parents, the principal should advise the student/s that their unlawful conduct may be referred to the Queensland Police Service. Such actions should be documented.
In relation to making contact with parents about unlawful sexual relationships between children and young people principals should ensure that contact is appropriate (ie. consider if the student is an independent student or if they are potentially at risk of harm).
Prosecution of such cases is a matter of discretion for the Queensland Police Service and the Office of the Director of Public Prosecutions, depending on whether the investigation establishes that the situation involved consensual sexual experimentation by children of similar ages or that both parties should be considered as 'complainants'.
In all situations the principal is required to take action to support the best interests of the student/s, which may include involving the Guidance Officer or other support personnel.
Where the sexual activity involves a person under the age of 16 (or 18 years for sodomy) and the other person involved is above the age of consent the matter is to be referred immediately to the Queensland Police Service. If an Education Queensland employee is involved in sexual activity with a State school student, the matter is to be referred immediately to Ethical Standards who will notify the Queensland Police Service and provide the principal with direction and/or advice. If the sexual activity involves a principal the report is to be made to the Executive Director (Schools) who is required to immediately forward the written report to Ethical Standards.
Prohibited harmful conduct by employees of State schools
School staff members by necessity have close contact with students. Subsequently, there is a need for them to make sure their conduct stays within acceptable professional boundaries. School staff members are not to impose corporal punishment on a student in the course of their professional duties or engage with a student in a way that is physically, verbally or emotionally harmful to students. Sexual harassment, victimisation and racial and religious vilification, for example, are illegal under the Anti-Discrimination Act 1991 and would be a breach of the duty of care that a school staff member owes to school students. An employee must not engage in sexual misconduct (new window) 268k with a student, or behave in a way that would raise a reasonable suspicion that sexual misconduct has occurred or may occur.
Sexual misconduct by an employee towards a student of a State school under the age of 18 years
If a State school staff member (new window) 268k becomes aware or reasonably suspects that any State school student under the age of 18 years has been the subject of sexual misconduct by a school employee (new window) 268k they are required to immediately make a written report about the matter which the principal is required to immediately forward to Ethical Standards. If the sexual misconduct involves the principal the Executive Director (Schools) is required to immediately forward the written report to Ethical Standards. Staff members may discuss the matter with the principal, or the Executive Director (Schools) if the sexual misconduct involves the principal, prior to making such a report. Reports of sexual abuse of a student by a school employee will become criminal complaints to be dealt with by the police. Such reports will also be investigated by the department in relation to possible breaches of the department's Code of Conduct and for consideration of disciplinary action.
School staff members who fail to immediately report sexual misconduct or suspected sexual misconduct by an employee with a student under the age of 18 years may be in breach of section 365(2)(a) of the Education (General Provisions) Act 2006 (maximum penalty of 20 penalty units) and the department's Code of Conduct and may be liable to disciplinary action.
Sexual conduct between an employee employed under the Teachers' Award - State and a student aged 18 years or older
If a State school staff member (new window) 268k becomes aware or reasonably suspects that any State school student aged 18 years or older is engaged in sexual conduct with an employee employed under the Teachers' Award - State, where the relationship could reasonably be regarded as creating an apparent or actual conflict of interest between the employee's private interests and his/her professional duties, they are required to immediately make a written report about the matter which the principal is required to immediately forward to Ethical Standards. If the sexual conduct involves the principal the Executive Director (Schools) is required to immediately forward the written report to Ethical Standards. Staff members may discuss the matter with the principal, or the Executive Director (Schools) if the sexual conduct involves the principal, prior to making such a report. Such behaviour, while not justifying a criminal complaint, will be investigated for possible breaches of the department's Code of Conduct and may result in disciplinary action being taken. In all cases, when in doubt, the principal or Executive Director (Schools) should seek advice from Ethical Standards.
Sexual conduct between an employee not employed under the Teachers' Award - State and a student aged 18 years or older
Such behaviour, while not justifying a criminal complaint, will be investigated for possible breaches of the department's Code of Conduct and may result in disciplinary action being taken. In all cases, when in doubt, the principal or Executive Director (Schools) should seek advice from Ethical Standards.
Sexual misconduct by an employee of an intellectually impaired student of any age
If a State school staff member becomes aware or reasonably suspects that an intellectually impaired State school student of any age has been the subject of sexual misconduct by a school employee, they are required to immediately make a written report about the matter which the principal is required to immediately forward to Ethical Standards. If the sexual misconduct involves the principal the Executive Director (Schools) is required to immediately forward the written report to Ethical Standards. Staff members may discuss the matter with the principal, or the Executive Director (Schools) if the sexual misconduct involves the principal, prior to making such a report.
Reporting of harm caused by an employee
Allegations of an employee causing harm to a student require a response from the principal, or Executive Director (Schools) if the allegation is against the principal. The nature of the response depends upon the seriousness and nature of the incident. Incidents are considered to be either minor (new window) 268k or serious.
When reporting allegations of harm by an employee, criteria for determining whether the incident is categorised as a minor incident are:
Minor incidents are reported to Ethical Standards on SP-1: Report of a Minor Incident.
All other incidents, which do not meet the above criteria, are reported to Ethical Standards on SP-2: Report of Allegation of Harm to a Student by an Employee or SP-3: Report of Suspected Sexual Abuse of a Student by an Employee.
For information on Student Protection, please contact:
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© The State of Queensland (Department of Education, Training and the Arts) 2008.