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Child protection in early childhood (PROTECT)

Information to support early childhood staff to take action if they suspect, or are witness to any form of child abuse.

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Published by:
Department of Education
Date:
4 Apr 2023

Overview

This content has been developed to support staff employed in early childhood services in Victoria to take action if they suspect, or are witness to any form of child abuse. There is separate guidance for school staff within Victorian Schools.

This includes all staff within any service providing education and care to children under the age of 13 years including in Outside School Hours Care (OSHC), as well as those working in children's services providing occasional care and limited hours care. It also includes Maternal Child Health Services, Early Childhood Intervention Services and Supported Playgroups.

As a staff member within an early childhood service, you play a vital role in protecting children from abuse by responding to and reporting any incidents, disclosures or suspicions.

You are often best placed to identify signs and behaviours that may indicate that a child has been subject to abuse, or that a community member, staff member, contractor or volunteer may be a perpetrator of abuse.

This resource uses the term child to refer to any person under the age of 18.

Child Safe Standards

New Child Safe Standards are in place. Find guidance on how to comply for Early childhood services. For general information on the new Standards go to the Commission for Children and Young People (CCYP).

Topics in this section

This resource has been designed to support you in this role and it includes specific advice on:

Understand your obligations to protect children

Staff working in early childhood services have legal obligations under a range of different schemes, that together aim to protect children.

Duty of care obligations - all staff

Duty of care is a legal concept that refers to your responsibility to adequately protect children in your care from harm. It applies to all staff members within any early childhood service in Victoria. It's usually expressed as a duty to take reasonable steps to protect children from injury that is reasonably foreseeable.

The courts will objectively determine what constitutes 'reasonable steps'. This will depend on the individual circumstances of each case, including the nature of the service and your role within it.

The courts have found that the standard of care owed by early childhood service providers to children is high.

You may breach your duty of care towards a child if you fail to act in the way a reasonable or diligent professional would have acted in the same situation.

In relation to suspected child abuse, examples of 'reasonable steps' within an early childhood service will vary depending on the nature of the service, but at a minimum would likely include:

  • acting on concerns and suspicions of abuse quickly and in the child's best interests
  • seeking appropriate advice or consulting when unsure
  • reporting suspected child abuse to Department of Families, Fairness and Housing (DFFH) Child Protection or Victoria Police
  • sharing information, upon request, to assist DFFH Child Protection or Victoria Police to investigate the suspected child abuse and protect or promote the wellbeing and development of a child
  • notifying the regulator where appropriate or required.

To make sure that you fulfil your duty of care obligations for all children who are involved in, or affected by, the suspected child abuse, it's strongly recommended that you follow the four critical actions set out on Report child abuse in early childhood.

For services working with children 10 years and over you must also be aware that your duty of care extends to children who may engage in a sexual offence.

Criminal offences - all adults

In response to the Betrayal of Trust Report, the Victorian Government introduced new criminal offences to protect children from sexual abuse. Under those reforms a failure to report, or take action in relation to suspected child sexual abuse can constitute a criminal offence, including the following failures.

Failure to disclose

This offence applies to all adults (not just professionals who work with children) who form a reasonable belief that another adult may have committed a sexual offence against a child under 16 years of age and fail to report this information to Victoria Police.

Failing to disclose a sexual offence based on concerns for the interests of the perpetrator or organisation (concerns about reputation, legal liability or financial status) will not be regarded as a reasonable excuse.

Failure to protect

This offence applies to a person in a position of authority within an organisation who:

  • knows of a substantial risk that a child who is under 16 years and in the care and supervision of the organisation may become the victim of a sexual offence committed by an adult associated with that organisation (an employee, contractor, volunteer or visitor)
  • fails to take reasonable steps to remove or reduce the risk.

Within an early childhood service, a position of authority includes local service managers and staff in management positions within licensed or approved services.

For more information on these offences, visit:

Child Safe Standards

On 1 January 2016 the Victorian Government introduced compulsory minimum standards for all organisations providing regulated or funded services for children.

New Child Safe Standards will begin on 1 July 2022 for all early childhood services, as well as schools and other organisations. For more information, visit Child Safe Standards.

The Child Safe Standards:

  • aim to drive continuous improvement in the way organisations prevent child abuse, encourage reporting and improve responses to allegations of abuse
  • form part of the Victorian Government's response to the Betrayal of Trust Inquiry, which found that more must be done to prevent and respond to child abuse in our community.

The Child Safe Standards require early childhood services to implement the following:

  • strategies to embed an organisational culture of child safety, including through effective leadership arrangements
  • a child safe policy or statement of commitment to child safety
  • a code of conduct that establishes clear expectations for appropriate behaviour with children
  • screening, supervision, training and other human resources practices that reduce the risk of child abuse by new and existing personnel
  • processes for responding to and reporting suspected child abuse
  • strategies to identify and reduce or remove risks of child abuse
  • strategies to promote the participation and empowerment of children.

The Child Safe Standards closely align with the existing regulatory requirements set out in the National Quality Framework and the Children's Services Act 1996. Currently, the department's Quality Assessment and Regulation Division (QARD) has primary responsibility for making sure services meet the new standards.

From 1 January 2023, QARD will be the regulator of the Child Safe Standards in early childhood services.

Mandatory reporting

Since 1 March 2019, early childhood workers and other persons in licensed and approved early childhood services will also become mandatory reporters. This includes:

  • registered doctors and nurses, including Maternal Child Health (MCH) Nurses
  • early childhood teachers registered with the Victorian Institute of Teaching
  • all educators with post-secondary qualifications in the care or education of children and employed or engaged in an early childhood service
  • the approved provider and the nominated supervisor of an early childhood service.

All mandatory reporters must make a report to Victoria Police or DFFH Child Protection as soon as practicable if, during the course of carrying out their professional roles and responsibilities, they form a belief on reasonable grounds that:

  • a child has suffered, or is likely to suffer, significant harm as a result of physical injury or sexual abuse
  • the child's parents have not protected, or are unlikely to protect, the child from harm of that type.

It's a criminal offence not to report in these circumstances. It's recommended that mandatory reporters follow the four critical actions as set out in Report child abuse in early childhood to make sure they fulfil all of their legal obligations .

Reportable Conduct Scheme

The Reportable Conduct Scheme requires organisations involving children to notify the Commission for Children and Young People (CCYP) of any alleged abuse by people employed by:

  • the organisation
  • volunteers
  • contractors
  • office holders
  • ministers of religion
  • officers of a religious body
  • foster and kinship carers in a formal care arrangement.

There are 5 types of ‘reportable conduct':

  • sexual offences (against, with or in the presence of, a child)
  • sexual misconduct (against, with or in the presence of, a child)
  • physical violence (against, with or in the presence of, a child)
  • behaviour that causes significant emotional or psychological harm
  • significant neglect.

Approved services under the National Quality Framework and the Children's Services Act 1996

Approved early childhood services (that is, education and care services operating under the Education and Care Services National Law Act 2010 (National Law) and children's services operating under the Children's Services Act 1996 (CS Act) must meet the requirements of the relevant regulatory frameworks.

Under both the National Law and the CS Act, the:

  • key objective is to ensure the safety, health and wellbeing of children attending education and care services
  • first guiding principle is that the rights and best interests of the child are paramount.

Most notably, it's a legal requirement that every reasonable precaution must be taken to protect children from harm and any hazard likely to cause injury within approved early childhood services. Failure to meet this requirement can amount to an offence under the National Law.

There are requirements set out in the regulatory frameworks which directly relate to a service's obligations to respond to suspected child abuse.

For example, regulations require the approved provider to ensure that nominated supervisors and staff members at a service who work with children are aware of the existence and application of current child protection law and any obligations they may have under that law.

This resource has been designed to support you in identifying and responding to incidents, disclosures and suspicions of child abuse and therefore only reflects the regulatory requirements in this specific area.

For more information, contact the Quality Assessment and Regulation Division (QARD).

Information Sharing and Family Violence Reforms

Many early childhood workforces are part of a system of sharing, requesting and using information about child wellbeing or safety.

The information sharing and family violence reforms enable early childhood services to share information to promote the wellbeing and safety of children, and identify and respond to family violence.

This enables professionals working with children to gain a complete view of the children they work with, making it easier to identify wellbeing or safety needs earlier, and to act on them sooner.

Early childhood services must respond to information sharing requests, and use Family Violence Multi-Agency Risk Assessment and Management (MARAM) tools and processes to identify and respond to family violence.

Resources are available to ensure that Victorian early childhood workforces have the knowledge and tools they need to work consistently and collaboratively to identify and respond to child wellbeing and safety needs.

Resources

The Information Sharing and Family Violence Reforms: Guidance and Tools is for:

  • early childhood services (centre-based)
  • government, Catholic and independent schools
  • system and statutory bodies
  • education health, wellbeing and inclusion workforces.

It is designed to help organisations embed the information sharing and family violence reforms. It provides guidance, tools and templates to help services share information confidently, safely and appropriately to improve children's wellbeing and safety.

This resource complements the Information sharing and MARAM training for education and care workforces. It should be adapted and used together with your service’s existing policies and procedures.

To access this resource, visit Information Sharing and Family Violence Reforms: Guidance and Tools.

Online training is available, for more information visit: Training for the information sharing and MARAM reforms.

Maternal Child Health nurses - MCH guidelines

Maternal Child Health (MCH) nurses are classified as mandatory reporters.

In addition to this Victorian MCH services operate under the:

  • MCH Service guidelines which include the policies, procedures, funding criteria and data collection requirements for all Victorian MCH service providers
  • MCH program standards which outline evidence based best practice, establish an expected service level and are recommended for use by the Victorian MCH workforce and providers and support services
  • the by-laws of its local government or governing authority.

As articulated within the MCH program standards, services will:

  • identify the child at risk of, or experiencing, neglect and abuse and act on professional observation and judgement
  • respond to the child at risk of, or experiencing, abuse and make a report in accordance with the Children, Youth and Families Act 2005

  • support their workforce to respond to child abuse through policies, procedures and training and ensure they are able to meet their legislative requirements under the:

    • Children, Youth and Families Act 2005
    • Child Wellbeing and Safety Act 2005
    • Health Records Act 2001
    • Family Violence Protection Act 2008.

The MCH program standards also specify that it is important to work from the principle that children, particularly infants, are highly vulnerable and unable to protect themselves.

Abuse and neglect of infants has the potential for life threatening injury, and serious impairment of brain development, attachment and the development of trust and healthy relationships in later life.

Contact Quality Assessment and Regulation Division (QARD)

The department regulates approved and licensed early childhood services in Victoria.

Identify signs of child abuse

Recognise the signs of child abuse, understand definitions, and know the physical and behavioural indicators.

Physical child abuse

Physical child abuse is the non-accidental infliction of physical injury or harm of a child.

Examples of physical abuse may include:

  • beating
  • shaking or burning
  • assault with implements
  • female genital mutilation.

Physical indicators of physical child abuse

Physical indicators of physical child abuse include (but are not limited to):

  • evidence of physical injury that would not likely be the result of an accident
  • bruises or welts on facial areas and other areas of the body, such as back, bottom, legs, arms and inner thighs
  • burns from boiling water, oil or flames or burns that show the shape of the object used to make them, such as from an iron, grill, or cigarette
  • fractures of the skull, jaw, nose and limbs, especially those not consistent with the explanation offered, or the type of injury possible at the child's age of development
  • cuts and grazes to the mouth, lips, gums, eye area, ears and external genitalia
  • bald patches where hair has been pulled out
  • multiple injuries - old and new
  • effects of poisoning
  • internal injuries.

Behavioural indicators of physical child abuse

In an infant or toddler:

  • self-stimulatory behaviours, such as rocking or head banging
  • crying excessively, or not at all
  • listless and immobile, or emaciated and pale
  • exhibits significant delays in gross motor development and coordination
  • their parent or carer is unresponsive or impatient to child's cues and unreceptive to support.

In all children, infants and toddlers:

  • disclosure of physical abuse - by the child, friend, family member
  • inconsistent or unlikely explanation for cause of injury
  • wearing clothes unsuitable for weather conditions to hide injuries
  • wariness or fear of a parent, carer or guardian and reluctance to go home
  • unusual fear of physical contact with adults
  • fear of home, specific places or particular adults
  • unusually nervous, hyperactive, aggressive, disruptive and destructive to self or others
  • overly compliant, shy, withdrawn, passive and uncommunicative
  • change in sleeping patterns, fear of the dark or nightmares and regressive behaviour, such as bed-wetting
  • no reaction or little emotion displayed when being hurt or threatened
  • habitual absences from the service without reasonable explanation, where regular attendance is expected
  • complaining of headaches, stomach pains or nausea without physiological basis, poor self-care or personal hygiene.

Child sexual abuse

Child sexual abuse is when a person uses power or authority over a child to involve them in sexual activity.

This can include a wide range of physical and non-contact sexual activity.

Physical sexual contact:

  • kissing of fondling a child in a sexual way
  • masturbation
  • fondling the child's genitals
  • oral sex
  • vaginal or anal penetration by a penis, finger, or other object
  • exposure of the child to pornography.

Non-contact offences:

  • talking to a child in a sexually explicit way
  • sending sexual messages or emails to a child
  • exposing a sexual body part to a child
  • forcing a child to watch a sexual act including showing pornography to a child
  • having a child pose or perform in a sexual manner (including child sexual exploitation)
  • grooming or manipulation.

Child sexual abuse does not always involve force. In some circumstances a child may be manipulated into believing that they have brought the abuse on themselves, or that the abuse is an expression of love through a process of grooming.

Child sexual exploitation

Child sexual exploitation is also a form of sexual abuse where offenders use their power (physical, financial, or emotional) over a child to sexually or emotionally abuse them.

It often involves situations and relationships where young people receive something (for example: food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) in return for participating in sexual activities.

Child sexual exploitation can occur in person or online, and sometimes the child may not even realise they are a victim.

Those most at risk of child sexual abuse

Any child can be victim of sexual abuse, however children who are vulnerable, isolated, or have a disability are disproportionately abused and are much more likely to become victim.

Physical indicators of child sexual abuse

Physical Indicators of sexual abuse may include (but are not limited to):

  • injury to the genital or rectal area (for example: bruising, bleeding, discharge, inflammation or infection)
  • injury to areas of the body, such as breasts, buttocks, or upper thighs
  • discomfort in urinating or defecating
  • presence of foreign bodies in the vagina or rectum
  • sexually-transmitted infections
  • frequent urinary tract infections.

Behavioural indicators of child sexual abuse

The behavioural indicators of sexual abuse may be (but are not limited to) for an infant or toddler:

  • self-stimulatory behaviours, such as rocking or head banging
  • crying excessively, or not at all
  • listless and immobile, or emaciated and pale
  • exhibits significant delays in gross motor development and coordination.

In all children, infants and toddlers:

  • disclosure of sexual abuse - by the child, friend, family member
  • drawings or descriptions of stories that are sexually explicit and not age-appropriate
  • persistent and age-inappropriate sexual activity, such as excessive masturbation or rubbing genitals against adults
  • wariness or fear of a parent, carer or guardian and reluctance to go home
  • unusual fear of physical contact with adults
  • change in sleeping patterns, fear of the dark or nightmares and regressive behaviour, such as bed-wetting
  • wearing clothes unsuitable for weather conditions to hide injuries
  • unusually nervous, hyperactive, aggressive, disruptive and destructive to self or others
  • exhibits significant delays in gross and fine motor development and coordination
  • overly compliant, shy, withdrawn, passive and uncommunicative
  • fear of home, specific places or particular adults
  • poor self-care or personal hygiene
  • complaining of headaches, stomach pains or nausea without physiological basis.

For more information about age appropriate sexual behaviour visit the Department of Health.

Identify perpetrators of child sexual abuse

In addition to identifying the physical and behavioural signs of sexual abuse within children, you can play a critical role in identifying signs that a staff member or member of the community may be engaging in child sexual abuse, or grooming a child for the purpose of engaging in sexual activity.

Most critically you must follow the 4 critical actions if you:

  • feel uncomfortable about the way an adult interacts with a child or children
  • suspect that the adult may be engaging in sexual abuse of a child or children
  • suspect that the adult is grooming the child or children for the purpose of engaging in sexual activity
  • reasonably believe that the adult is at risk of engaging in sexual behaviour with a child or children.

You must report suspected child sexual abuse, or risk of abuse regardless of any concerns about the risk to the reputation of the suspected perpetrator or service. Your report could prove critical to protecting children in your care, and a failure to report can result in criminal charges.

Common perpetrators of child sexual abuse

Child sexual abuse is most commonly perpetrated by someone who is known to, and trusted by the child. And often someone highly trusted within their family, communities, schools or other institutions.

Perpetrators can include (but are not limited to):

  • a family member (this is known as intra family abuse and can include sibling abuse)
  • a staff member, coach, or other carer
  • a peer lr child 10 years or more in age
  • a family friend or stranger
  • a person via a forced marriage (this is where a child is subject to a marriage without their consent, arranged for by their immediate or extended family - this constitutes a criminal offence and must be reported).

Unwanted sexual behaviour toward a child by a child 10 years or over can constitute a sexual offence.

Behavioural indicators for perpetrators

In many cases the signs that an adult is sexually abusing or grooming a child with the intent of sexually abusing them may not be obvious. However there are a number of signs to look for.

Behaviour indicators for perpetrators of child sexual abuse include (but are not limited to) the following people.

Family member:

  • attempts by one parent to alienate their child from the other parent
  • overprotective or volatile relationship between the child and one of their parents or family members
  • reluctance by the child to be alone with one of their parents or family members.

Service staff member, contractor, volunteer, coach or other carer with any child:

  • touching a child inappropriately
  • obvious or inappropriate preferential treatment of the child, making them feel special
  • inappropriately befriending the parents and making visits to their home and offering to drive a child to or from the service
  • giving of gifts to the child
  • undermining the child's reputation, so that the child won't be believed.

With older children:

  • bringing up sexual material or personal disclosures into conversations
  • inappropriate contact, such as calls, emails, texts, or social media
  • having inappropriate social boundaries, such as telling the potential victims about their own personal problems

Grooming

Grooming is when a person engages in predatory conduct to prepare a child for sexual activity at a later time. Grooming can include communicating and/or attempting to befriend or establish a relationship or other emotional connection with the child or their parent or carer.

Sometimes it is hard to see when someone is being groomed until after they have been sexually abused, because some grooming behaviour can look like 'normal' caring behaviour.

Examples of grooming behaviours may include:

  • giving gifts or special attention to a child or their parent or carer (this can make a child or their parent feel special or indebted)
  • controlling a child - or that child's parents - through threats, force or use of authority (this can make a child or their parent fearful to report unwanted behaviour)
  • making close physical contact or sexual contact, such as inappropriate tickling and wrestling
  • openly or pretending to accidentally expose the victim to nudity, sexual material and sexual acts (this in itself is classified as child sexual abuse but can also be a precursor to physical sexual assault).

Online grooming

Online grooming is a criminal offence and occurs when an adult uses electronic communication (including social media) in a predatory fashion to try to lower a child's inhibitions, or heighten their curiosity regarding sex, with the aim of eventually meeting them in person for the purposes of sexual activity.

This can include online chats, sexting, and other interactions. Any incidents of suspected grooming must be reported by following the 4 critical actions.

Online grooming can also precede online child exploitation, a form of sexual abuse where adults use the internet or a mobile to communicate sexual imagery with or of a child (via a webcam). Any incidents of suspected online child exploitation must be reported.

Behavioural indicators of child grooming

Behavioural indicators that a child may be subject to grooming include (but are n ot limited to):

  • developing an unusually close connection with an older person
  • displaying mood changes, such as hyperactive, secretive, hostile, aggressive, impatient, resentful, anxious, withdrawn, or depressed
  • using street or different language, such as copying the way the new 'friend' may speak, talking about the new 'friend' who does not belong to his or her normal social circle
  • possessing gifts, money and expensive items given by the 'friend'
  • being excessively secretive about their use of communications technologies, including social media
  • being dishonest about where they've been and whom they've been with.

Emotional child abuse

Emotional child abuse occurs when a child is repeatedly rejected, isolated or frightened by threats, or by witnessing family violence.

It also includes hostility, derogatory name-calling and put-downs, and persistent coldness from a person, to the extent that the child suffers, or is likely to suffer, emotional or psychological harm to their physical or developmental health. Emotional abuse may occur with or without other forms of abuse.

Physical indicators of emotional child abuse

Physical indicators of emotional abuse include (but are not limited to):

  • language delay, stuttering or selectively being mute (this is when the child only speaks with certain people or in certain situations)
  • delays in emotional, mental or physical development.

Behavioural indicators of emotional child abuse

Behavioural indicators of emotional abuse include (but are not limited to):

In an infant or toddler:

  • self-stimulatory behaviours, for example, rocking, head banging
  • crying excessively or not at all
  • listless and immobile, or emancipated and pale
  • exhibits significant delays in gross motor development and coordination
  • their parent or carer is unresponsive or impatient to child's cues and unreceptive to support.

In all children, infants and toddlers:

  • overly compliant, passive and undemanding behaviour
  • extremely demanding, aggressive and attention-seeking behaviour or anti-social and destructive behaviour
  • low tolerance or frustration
  • poor self-image and low self-esteem
  • unexplained mood swings, depression, self-harm
  • behaviours that are not age-appropriate (for example: overly adult or overly infantile)
  • exhibits significant delays in gross and fine motor development and coordination
  • poor social and interpersonal skills
  • violent drawings or writing
  • lack of positive social contact with other children.

Neglect

Neglect is a failure to provide the child with adequate care or support to the extent that the health or physical development of the child is significantly impaired or placed at serious risk.

Neglect can include:

  • an adequate standard of nutrition
  • medical care
  • clothing
  • shelter
  • supervision

In some circumstances the neglect of a child:

  • can place the child's immediate safety and development at serious risk
  • may not immediately compromise the safety of the child, but is likely to result in longer term cumulative harm.

This includes low-to-moderate concerns for the wellbeing of a child, such as:

  • concerns due to conflict within a family
  • parenting difficulties
  • isolation of a family or a lack of apparent support.

Both forms of neglect must be responded to through the 4 critical actions for early childhood services.

Physical indicators of neglect

Physical indicators of neglect include (but are not limited to):

  • appearing consistently dirty and unwashed
  • being consistently inappropriately dressed for weather conditions
  • being at risk of injury or harm due to consistent lack of adequate supervision from parents
  • being consistently hungry, tired and listless
  • having unattended health problems and lack of routine medical care
  • having inadequate shelter and unsafe or unsanitary conditions.

Behavioural indicators of neglect

Behaviour indicators of neglect include (but are not limited to):

In an infant or toddler:

  • self-stimulatory behaviours, such as rocking or head banging
  • crying excessively, or not at all
  • listless and immobile, or emancipated and pale
  • exhibits significant delays in gross motor development and coordination
  • inadequate attention to the safety of the home (for example, dangerous medicines left where children may have access to them)
  • being left unsupervised, either at home, on the street or in a car
  • their parent or carer is unresponsive or impatient to child's cues and unreceptive to support
  • developmental delay due to lack of stimulation.

In all children, infants and toddlers:

  • being left with older children or persons who could not reasonably be expected to provide adequate care and protection
  • gorging when food is available or inability to eat when extremely hungry
  • begging for, or stealing food
  • appearing withdrawn, listless, pale and weak
  • aggressive behaviour, irritability
  • little positive interaction with parent, carer or guardian
  • indiscriminate acts of affection and excessive friendliness towards strangers
  • exhibits significant delays in gross and fine motor development and coordination
  • poor, irregular or non-attendance at the service (where regular attendance is expected)
  • refusal or reluctance to go home
  • self-destructive behaviour
  • taking on an adult role of caring for parent.

Family violence

Family violence is behaviour towards a family member that may include:

  • physical violence or threats of violence
  • verbal abuse, including threats
  • emotional or psychological abuse
  • sexual abuse
  • financial and social abuse.

A child's exposure to family violence constitutes child abuse. This exposure can be very harmful and may result in physical harm and long-term physical, psychological and emotional trauma. Action must be taken to protect the child, and to mitigate or limit their trauma.

Research shows that during pregnancy and when families have very young babies:

  • there is an increased risk of family violence
  • pre-existing family violence may increase in severity
  • there is an opportunity for intervention as families are more likely to have contact with services.

The longer that a child experiences or is exposed to family violence, the more harmful it is. This is why if you suspect that a child is exposed to, or at risk of being exposed to family violence, you must follow the 4 critical actions for early childhood services.

Family violence in Aboriginal and Torres Strait Islander communities

In identifying family violence in Aboriginal and Torres Strait Islander communities it's important to recognise that:

  • Aboriginal and Torres Strait Islander family violence may relate to relationships that aren't captured by the Western nuclear family model (grandparents, uncles and aunts, cousins and other community and culturally defined relationships)
  • Aboriginal and Torres Strait Islander family violence can also include cultural and spiritual abuse
  • perpetrators of Aboriginal and Torres Strait Islander family violence may not be Aboriginal and Torres Strait Islander people

Aboriginal and Torres Strait Islander family violence occurs in a historical context of colonisation, dispossession, and the loss of culture. This has resulted in the breakdown of kinship systems and of traditional law, racism, and previous government policies of forced removal of children from families.

However, this should never detract from the legitimacy of the survivor's experience of violence, or your obligation to report and respond to any suspected family violence.

Physical indicators of family violence

Physical indicators of family violence may include (but are not limited to):

  • speech disorders
  • delays in physical development
  • failure to thrive (without an organic cause)
  • bruises, cuts or welts on facial areas, and other parts of the body including back, bottom, legs, arms and inner thighs
  • any bruises or welts (old or new) in unusual configurations, or those that look like the object used to make the injury (such as fingerprints, handprints, buckles, iron or teeth)
  • internal injuries.

Behavioural indicators of family violence

Behavourial indicators of family violence may include (but are not limited to):

In an infant or toddler:

  • self-stimulatory behaviours, for example, rocking, head banging
  • crying excessively or not at all
  • listless and immobile, or emancipated and pale
  • exhibits significant delays in gross motor development and coordination.

In all children, infants and toddlers:

  • violent or aggressive behaviour and language
  • depression and anxiety
  • appearing nervous and withdrawn, including wariness of adults
  • difficulty adjusting to change
  • developmentally inappropriate bedwetting and sleeping disorders
  • extremely demanding, attention-seeking behaviour
  • participating in dangerous risk-taking behaviours to impress peers.
  • overly compliant, shy, withdrawn, passive and uncommunicative behaviour
  • 'acting out', such as cruelty to animals.
  • demonstrated fear of parents, carers or guardians, and of going home
  • complaining of headaches, stomach pains or nausea without physiological basis.

Children exhibiting inappropriate sexual behaviour

Inappropriate sexual behaviour

Inappropriate sexual behaviour includes:

Problem sexual behaviour

Problem sexual behaviour is the term used by the Victorian government and funded service providers to describe concerning sexual behaviour exhibited by children under the age of 10 years. Children under 10 years of age are deemed unable to consent to any form of sexual activity and cannot be held criminally responsible for their behaviour.

Sexually abusive behaviour

Sexually abusive behaviour is the term used by the Victorian Government and funded service providers to describe concerning sexual behaviour by children aged 10 years or older and under 15 years of age.

A child is considered to exhibit sexually abusive behaviour when they have used power, authority, or status to engage another party in sexual activity that is unwanted or the other party is unable to give consent.

A child who engages in sexually abusive behaviour may be in need of therapeutic treatment. It may also be an indicator that the child has been or is being sexually abused by others.

Sexually abusive behaviour may amount to a sexual offence. A sexual offence includes rape, sexual assault, indecent acts and other unwanted sexualised touching, all of which are offences under the Crimes Act 1958 .

It may be difficult to determine the nature of children's sexual behaviour, including whether the behaviour:

  • constitutes a sexual offence
  • is indicative of any underlying abuse.

Under Victorian Law:

  • children aged between 12-15 can only consent to sexual activity with a peer no more than two years their senior (therefore sexual contact led by a child with another child outside of these age parameters may amount to a sexual offence)
  • in order for a person to consent to sexual activity they have to have the capacity to understand the context and possible consequences of the act (therefore sexual contact led by a child involving a person with a cognitive impairment or affected by alcohol and other drugs may also amount to a sexual offence).

Most critically you must follow the 4 critical actions if:

  • you witness an incident, receive a disclosure or form a reasonable suspicion that a child has engaged in inappropriate sexual behaviour, even if you're not sure (these actions will support you to report to Victoria Police)
  • a child's inappropriate sexual behaviour leads you to form a reasonable belief that the child may be subject to abuse.

Reporting a child in need of protection or therapeutic treatment

Any member of the public is able to report concerns about inappropriate sexual behaviour to DHHS Child Protection or Victoria Police.

In the case of sexually abusive behaviour by a child aged between 10 – 15 years of age, Department of Families, Fairness and Housing (DFFH) Child Protection may determine that the child may be in need of therapeutic treatment. This therapeutic treatment can be provided on a voluntary basis, with the consent and support of parents / carers; or it can be ordered by a court via the making of a therapeutic treatment order.

DFFH Child Protection may make an application to the children's court for a therapeutic treatment order if it is assessed that:

  • a child is of, or above the age of 10 and under the age of 15 years; and
  • has exhibited sexually abusive behaviours.

A therapeutic treatment order must require the child to attend an appropriate treatment program to address their sexually abusive behaviours. It may also direct the child's parent(s) or carer(s) to take any necessary steps to enable the child to participate in the treatment.

Reporting to DFFH Child Protection in relation to a child who may be in need of therapeutic treatment does not replace your requirement to report possible sexual offending to Victoria Police as per the 4 critical actions.

Actions

When identifying child abuse, it is critical to remember that:

  • the trauma associated with child abuse can be catastrophic to the wellbeing and development of a child, and can continue after the abuse has ended
  • all concerns about the safety and wellbeing of a child, or the conduct of a staff member, contractor or volunteer should b e acted upon as soon as practicable. Early intervention can save lives.

If physical or behavioural indicators lead you to suspect that a child has, or is being abused, or is at risk of abuse, you must respond as soon as practicable by following the 4 critical actions for early childhood services.

you believe that a child is not being abused, but you still hold concerns for their safety or wellbeing, to determine who to consult with, when to make a report and when to engage other wellbeing professionals, visit Responding to concerns about the wellbeing of a child.

Support

If you need to talk to someone, it is recommended that you speak to your manager or service provider about arranging appropriate support.

You can also talk to your General Practitoner (GP) or another allied health professional, and report historical or current experiences of abuse to Victoria Police.

You can also contact Lifeline on 13 11 14 or chat to someone online at Lifeline .

Report child abuse in early childhood

Four critical actions to take when responding to an incident, disclosure, or suspicion of child abuse.

Four critical actions

This section outlines 4 critical actions to take when responding to an incident, disclosure or suspicion of child abuse:

Documenting your actions

Under the National Law and the Children's Services Act (CS Act), the approved provider of an education and care service must ensure that an incident, injury, trauma and illness record is kept.

This template aligns with this requirement, and it's strongly recommended that all early childhood service staff utilise this template for incidents, disclosures and suspicions of child abuse.

As an early childhood staff member, you must keep clear and comprehensive notes relating to incidents, disclosures and allegations of child abuse.

It's strongly recommended that you use this template:

Your aim should be to provide as much information within the template as possible. These records will be helpful in making a report of the abuse to the relevant authorities. If you require support to complete the template, you should seek support from your manager/service provider.

This information may be sought at a later date if the matter is the subject of court proceedings. These notes may also later assist you if you are required to provide evidence to support the court's decisions.

In addition to completing the template, all early childhood services must notify Quality Assessment and Regulation Division (QARD) of the incident, or allegation that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by the service.

This notification must be:

Critical information

  • As an early childhood staff member, you must act as soon as you witness an incident or form a reasonable belief that a child has been, or is at risk of being abused.
  • You must act if you form a suspicion/reasonable belief, even if you are unsure and have not directly observed child abuse (if the victim or another person tells you about the abuse).
  • You should make sufficient enquiries to form a reasonable belief and to determine a child's immediate needs. However, once a reasonable belief has been formed, it's not your role to investigate. This is the role of Department of Families, Fairness and Housing (DFFH) Child Protection or Victoria Police.
  • Child abuse includes any instance of physical or sexual abuse (including grooming), emotional or psychological harm, serious neglect and family violence.
  • If you hold significant concerns for a child's wellbeing, which do not appear to be a result of child abuse you must still act. For more information, visit Responding to concerns about the wellbeing of a child.

In Victoria there are a range of legal obligations which set out the actions you must take if you suspect a child has, or is at risk of being abused:

  • all adults are legally obliged to report any reasonable belief that an adult has sexually abused a child under the age of 16 years to Victoria Police (failure to do so can amount to a criminal offence). These reports must be made to Victoria Police
  • mandatory reporters, including:
  • all early childhood service staff have a duty of care to take reasonable steps to protect children in their care from harm (your duty of care will be determined in relation to the nature of the service, and your role within it).
  • all services must comply with the Child Safe Standards.
  • licensed services must comply with the Children's Services Act 1996 and corresponding legislation, which includes specific requirements on how services must respond to child abuse.
  • approved services must comply with either the Education and Care Services National Law and National Regulations or the CS Act or Regulations which include specific requirements on how services must respond to child abuse.
  • MCH Services must comply with the MCH Service Guidelines, corresponding legislation and the by-laws of its local government. Following these 4 critical actions is considered best practice and will support you to meet these obligations. For more information, visit Understanding your obligations .

If, after considering this content you:

Witness an incident

If you witness an incident where you believe a child has been subject to abuse you must take immediate action to protect the safety of children involved. Go straight to:

  • Action one - responding to an emergency if there is an immediate risk to health and safety.
  • Action two - reporting to authorities if there is no immediate risk to health and safety.

Form a suspicion

All suspicions that a child has been, or may be in danger of being abused must be taken seriously. This includes abuse that is suspected to have occurred within the family, the community or within the service.

If you form a reasonable belief that a child has been, or may be at risk of being abused, you must act, even if you have not directly witnessed the child abuse.

Receive a disclosure

If anyone discloses that they believe that a child has been, is being, or is at risk of being abused, you must treat these disclosures seriously and take immediate action.

Very young children may be unable to disclose abuse. They may be unaware that they are being subject to abuse and/or unaware that the information they are providing is disclosing abuse.

Regardless of the intent of a child's conversation, on receipt of any information that supports you to form a reasonable belief that a child has been abused, or is in danger of being abused, you must take immediate action. For further guidance on managing the disclosure read Strategies for managing a disclosure, below.

Forming a reasonable belief

If you have witnessed behaviour, have a suspicion, or received a disclosure of child abuse, you will need to determine whether you have formed a 'reasonable belief' or a 'belief on reasonable grounds' that a child has or is being abused or is at risk of being abused.

A reasonable belief is a deliberately low threshold:

  • to encourage people to report suspected abuse to the relevant authorities and agencies, enabling authorities to investigate the allegations and take further action to prevent or stop any further abuse
  • that does not require proof, but is more than rumour or speculation
  • which is met if a reasonable person in the same position would have formed the belief on the same grounds. Most of the reporting provisions in the Children Youth and Families Act 2005 and Crimes Act 1958 require people to report suspected child abuse that has occurred, is occurring, or is at risk of occurring where they have formed a 'reasonable belief' or 'a belief on reasonable grounds'.

Forming a belief on reasonable grounds may include:

  • a child stating that they have been abused
  • any person telling you they believe someone has been abused (sometimes the child may be talking about themselves)
  • physical indicators of abuse such as non-accidental or unexplained injuries; persistent neglect, or inadequate care and supervision lead you to believe that the child has been abused (refer to Identify signs of child abuse)
  • behavioural indicators of abuse lead you to believe that the child has been abused (refer to Identify signs of child abuse)
  • other signs such as family violence, parental substance misuse, psychiatric illness or intellectual disability that is impacting on the child's safety, stability or development.

Strategies for managing a disclosure

Very young children may be unable to disclose abuse. They may be unaware that they are being subject to abuse and/or unaware that the information they are providing is disclosing abuse.

Regardless of the intent of the conversation, it's important that you respond in an appropriate and supportive manner. All disclosures of abuse must be taken seriously and addressed immediately by following the 4 critical actions.

It's the role of early childhood staff members to listen and respond appropriately to a child's concerns. You should reassure the child that they have done the right thing in talking to you. Where a child discloses abuse then asks you to keep a secret you should consider stating:

  • I am not going to be able to keep your story a secret. I really have to tell someone who is going to be able to help you.

It's strongly recommended that you document any disclosures in the:

This may be critical for further investigations and/or legal proceedings.

How best to manage a disclosure and what to avoid

When managing a disclosure, you should:

  • listen to the child and allow them to speak
  • stay calm and not display expressions of panic or shock
  • use a neutral tone with no urgency and where possible use the child's language and vocabulary
  • be patient and non-judgemental throughout
  • highlight to the child that they are doing the right thing in telling you about what has happened and that it is not their fault
  • allow the child to talk at their own pace and in their own words
  • reassure the child that you believe them and that disclosing the matter was the right thing to do
  • use verbal facilitators such as, 'Okay, I see', restate the child's previous statement, and use non-suggestive words of encouragement, designed to keep the child talking in an open-ended way
  • tell the child you are required to tell someone who is going to be able to help you.' (For an older child it may be appropriate to tell them which authority you have to report to and to briefly explain their role).

When managing a disclosure, you should avoid:

  • asking questions that are investigative and potentially invasive, and may make the child feel uncomfortable and cause them to withdraw
  • going over the information time and time again (you are only gathering information to help you form a belief on reasonable grounds that you need to make a report to the relevant authority
  • asking leading questions, but instead, gently ask, 'What happened next?' rather than 'Why?'
  • pressuring the child into telling you more than they want to.

Responding to concerns about the wellbeing of a child

Regardless of the suspected cause, all concerns about the wellbeing of a child (or an unborn child) should be taken seriously and acted upon.

Overview

Regardless of the suspected cause, all concerns about the wellbeing of a child (or an unborn child) should be taken seriously and acted upon. This includes concerns about the wellbeing of a child, which does not appear to be the result of abuse.

In addition to reporting and referring wellbeing concerns to relevant authorities, you also have a duty of care to ensure that children feel safe and supported at your service. For more information, visit Report child abuse action 4 - Providing ongoing support.

This section will support you to determine how to respond to concerns about the wellbeing of a child which do not appear to be the result of child abuse.

When to report wellbeing concerns to Child FIRST

Child FIRST (Family Information, Referral and Support Team) is a community-based referral point into Family Services.

In addition to reporting suspected abuse to appropriate authorities, you should make a referral to Child FIRST if:

  • you have a significant concern for a child's wellbeing
  • your concerns have a low-to-moderate impact on the child
  • the child's immediate safety is not compromised
  • you or your service has discussed the referral with the family and they are supportive of it.

Examples of concerns that you should reported to Child FIRST include instances when a child's care or development is significantly impacted on by:

  • parents who lack the skills to support their child's physical, emotional and cognitive development
  • family conflict or family breakdown
  • pressure due to a family member's physical or mental illness, substance abuse, or disability
  • vulnerability due to youth, isolation or lack of support
  • significant social or economic disadvantage.

W hen to report wellbeing concerns to Victoria Police

In addition to reporting suspected abuse to appropriate authorities, you must contact Victoria Police on 000 if the:

  • child's immediate safety is compromised
  • child is partaking in any risk taking activity that is illegal and extreme in nature or poses a high risk to their safety, or the safety of somebody else.

When to report wellbeing concerns to DFFH Child Protection

In addition to reporting suspected abuse to appropriate authorities, you should contact the Department of Families, Fairness and Housing (DFFH) Child Protection if you have significant protective concerns for the wellbeing of a child, but the parents are unable or unwilling to address or resolve these concerns.

This includes all concerns that:

  • have a serious impact on a child's safety, stability or development (including abandonment, death or incapacity, extreme risk-taking behaviour, or harm to an unborn child (see other reports to DFFH Child Protection listed below)
  • are persistent and entrenched and likely to have a serious impact on a child's safety, stability or development
  • relate to a parent who cannot or will not protect the child from significant harm
  • include a belief that the family is likely to be uncooperative in seeking assistance.

Common grounds for protection

Abandonment

The child’s parents have abandoned the child and after reasonable inquiries, the parents cannot be found, and no other suitable person can be found who is willing and able to care for the child.

Death or incapacity of parent or carer

The child’s parents are dead or incapacitated and there is no other suitable person willing and able to care for the child.

Extreme risk-taking behaviour (in children up to 13 years of age)

The child is displaying extreme risk taking behaviour, which has potentially severe or life threatening consequences. Examples include severe alcohol or drug use; unsafe sexual activity including prostitution; solvent abuse and chroming, and violent or dangerous peer group activity.

In addition to contacting DFFH Child Protection it may also be necessary to contact Victoria Police when the risk taking activity is illegal and extreme in nature or poses a high risk to the child.

Harm to an unborn child

There is a threat of harm to an unborn child, including circumstances where a parent has previously demonstrated an inability to safely parent.

The Children Youth and Families Act 2005 allows DFFH Child Protection to receive and respond to reports about an unborn child, which provides an important opportunity for earlier intervention and prevention.

Prenatal reports may be particularly helpful to the unborn child in family violence situations, or where there are mental health concerns or drug or alcohol misuse during pregnancy.

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