Department of Education Child Safety Code of Conduct

The Department of Education (the department) is committed to protecting all children and young people and upholding the rights of every child under the Charter of Human Rights and Responsibilities Act 2006. Victoria’s commitment to child safety is demonstrated through the framework of the Child Safe Standards made under the Child Wellbeing and Safety Act 2005.

The Child Safety Code of Conduct (Code of Conduct) should be read with the department’s Child Safety and Wellbeing Policy.

Scope

This Code of Conduct applies to everyone who conducts work for the department in a paid or unpaid capacity, regardless of whether their role relates to children and young people. This includes:

• employees and executive officers
• officers and officeholders
• labour hire workers engaged by the department
• volunteers, interns, cadets, trainees and work experience students engaged by the department.

Acceptance of the Code of Conduct is mandatory for external suppliers to the department (including those under subcontract) and their employees and other personnel engaged to perform work related to children.

All of these groups have a duty of care to take reasonable steps to protect children and young people from all types of harm and abuse.

This Code of Conduct does not apply to:

• school School staff will be guided by their school’s child safety policies
• organisations that the department funds or regulates. These organisations may need to take their own steps to comply with the Standards.

Through the department’s policies, programs and operations, department staff, and suppliers may engage with children and young people in a wide variety of ways. For example, through:

• programs delivered directly by the department - International Education, State Schools Spectacular, School Sports Victoria
• providing services to students at a school - Health, Wellbeing and Inclusion Workforces, inclusive of school nursing and Student Support Services staff
• working with school staff to support improved teaching, learning and wellbeing outcomes - regionally based teaching and learning staff, Koorie Education Workforce
• presenting at events where children are participants - award ceremonies or departmental events.

This Code of Conduct sets out expected behaviours when engaging with children and young people through the department’s policies, programs and operations.

Acceptable behaviours

Through the department’s policies, programs and operations, staff and suppliers must:

• promote the cultural safety of Aboriginal children and young people by supporting and encouraging their connection to culture, kin, community, cultural practices and Aboriginal identity
• provide a welcoming, inclusive, culturally responsive and safe environment for children and young people
• take reasonable steps to protect children and young people from harm and abuse including by identifying child safety risks and taking steps to remove or reduce those risks
• ensure, as far as practicable, that adults are not alone with a child or young person – one-to-one interactions between an adult and a child or young person are to be in an open space or in line of sight of other staff
• treat allegations, disclosures, incidents and suspicions of child abuse and harm seriously and if child abuse is suspected ensuring as quickly as possible that children and young people are safe and protected from harm
• report alleged or suspected child abuse or other child safety concerns in accordance with the law and department policy
• record all incidents that result in harm to children or young people in our record keeping system, eduSafe Plus
• manage the behaviour of children and young people in ways that are reasonable, lawful and follow department policy
• treat children and young people with respect and value their opinions
• communicate with children and young people in a way that helps them understand information, ask questions and express their preferences
• provide access to tools and services that children and young people need to communicate (for example interpreter and translation, Auslan, content in child friendly language)
• listen and respond to children and young people’s concerns, particularly about their or others’ safety
• encourage children and young people to ‘have a say’ and participate in decisions that affect them
• ensure children and young people know who to approach if they feel unsafe or want to raise concerns
• promote the cultural safety, inclusion, participation and empowerment of all children and young people including Aboriginal children, children from multicultural and multifaith backgrounds, children with disability and LGBTIQA+ children
• take a no tolerance approach to racism and respond appropriately to any incidents
• manage personal information in line with the department’s Privacy Policy and Child and Family Violence Information Sharing Scheme
• personal information should be handled in the interests of child and young person safety
• tell the department if you are charged with a criminal offence.

Unacceptable behaviours

Through the department’s policies, programs and operations, staff and suppliers must not:

• condone or participate in illegal, unsafe, abusive or harmful behaviour towards children or young people. This includes, but is not limited to:
  • participating in sexual abuse or misconduct
  • possessing child abuse material
  • grooming a child (predatory conduct undertaken to prepare a child for sexual activity later)
  • engaging in discussions, including online, of a sexualised nature in the presence of a child
  • discussing or showing audio or video or images of sexual acts
  • perpetrating physical or family violence
  • humiliating, belittling, rejecting or threatening a child, or behaving in a way that may cause emotional or psychological harm.
• develop inappropriate relationships and or display behaviours or engage with children or young people in ways that are not justified by educational or professional context, for example, preferential treatment, giving inappropriate gifts, or inappropriate social media communication
• have contact with any child or young person outside of activity/program except when needed to deliver curriculum or professional guidance and where parent or carer consent has been provided
• communicate directly with a child or young person through department, personal or private contact channels (including by social media, email, instant messaging, texting etc) except where that communication is reasonable in all the circumstances, related to department activities or where there is a safety concern or other urgent matter
• initiate unnecessary physical contact with a child or young person, or do things of a personal nature for them that they can do themselves
• ignore or disregard concerns, suspicions or disclosures of child abuse, harm and family violence
• wait until there is proof before acting on and reporting an allegation or suspicion of child abuse, harm or family violence
• ignore or disregard an adult’s overly familiar behaviour, that is not justified by an educational or professional context, towards a child or young person
• condone or participate in racist behaviour, or use inappropriate or discriminatory language when speaking with, or in the presence of children or young people
• treat any child unfairly or criticise how they identify or express themselves. This includes their age, gender, race, culture, religion, sexuality, disability or other protected attributes
• disregard or fail to consider the views of children or young people, especially about their physical and emotional safety, cultural safety, or issues or decisions that are important to them
• use department data about children and young people for purposes other than policy or program development or delivery
• photograph or distribute images of children or young people without the consent of the parent or carer or the minor. Further detail about this requirement is available in the Privacy and photographs information (staff login required).

Breaches of this code

The department is committed to a culture of child safety and wellbeing.

Anyone who suspects a breach of this Code of Conduct must report their concern to their manager. If the breach involves the manager, report to the manager’s supervisor. Suppliers must report this to their contract manager.

Concerns may also need to be reported in accordance with the Reportable and Notifiable Conduct Policy and to other authorities such as Victoria Police.

Staff can also report serious issues to the department’s Speak Up Service on 1800 633 462 or by email to educationspeakup@pkf.com.au.

Handling breaches

Staff who breach this Code of Conduct may be subject to disciplinary procedures in accordance with the relevant industrial instruments and department policies such as our procedures for managing complaints, unsatisfactory performance and misconduct (staff login required). In some situations, breaches of this Code of Conduct may also amount to a breach of the Code of Conduct for Victorian Public Sector employees and other professional codes and obligations.

Suppliers who breach this code may be subject to contract re-negotiation or termination.

The department will:

• manage reportable and notifiable conduct by employees, volunteers and suppliers in accordance with its Reportable and Notifiable Conduct Policy, and
• report criminal conduct and suspected criminal conduct to Victoria Police.

Record keeping

The department will keep full, timely and accurate records of all child safety allegations, disclosures, incidents, suspicions, breaches and complaint matters including outcomes of an investigation.

Records should have a full account of how the issue arose, what response was taken and what happened. Records should be sufficiently detailed, dated, objective and comprehensive to make decisions transparent and capable of effective review or form good evidence if needed.

Documents should record the stages and steps taken in the process, the evidence considered and the outcome of any investigation or relevant decisions or resolutions made, including any findings made, reasons for decisions and actions taken.

Access to records should be on a restricted need-to-know basis. Records are not to be destroyed. Records documenting the reporting and investigation of child sexual abuse incidents, allegations and disclosures, including those not proven and those referred to external law enforcement agencies, must be retained for a minimum of 99 years from the date the records were last amended.

Records will be stored and managed in accordance with the department’s Records Management (staff login required) and Privacy Policy.

Suppliers are required to provide their contract manager with all necessary information to assist the department keep appropriate records.

Approval and review

This Code of Conduct is endorsed by the department Secretary.

An executive level subcommittee will govern the implementation of, and compliance with, this Code of Conduct.

The department will review the Code of Conduct at least once every 2 years.

More information

Terms used in this Code of Conduct are further defined at Child Safe Standards - definitions.

Where can I get help?

Staff and suppliers who are unsure about their obligations under this Code of Conduct should speak with their manager or contract manager or contact the child safety team in the Wellbeing Health and Engagement Division.

Staff may also contact People, Strategy and Operations (VPS) Division if there are concerns about the impact of this Code of Conduct on their employment.

For further information about reportable or notifiable conduct, including managing allegations about an employee, volunteer or supplier, should contact Conduct and Integrity Branch.