Child Protection Policy
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Purpose | Scope | Principles | Policy statements | Policy owner and contact | Definitions | Approval information | Version history | References
1. Purpose
1.1 The Child Protection Policy (the policy) sets out UTS’s commitment to the safety, protection and wellbeing of children while on campus or involved in university activities.
1.2 This policy identifies strategies to protect children from harm, exploitation and neglect. It also outlines reporting requirements where a complaint of child exploitation, abuse, harassment, neglect or inappropriate behaviour has been made against UTS staff, students or affiliates and addresses the university’s responsibilities under the:
- Child Protection (Working with Children) Act 2012 (NSW) (the Act)
- associated Child Protection (Working with Children) Regulation 2013 (NSW) (the Regulation), and
- Children's Guardian Act 2019 (NSW).
2. Scope
2.1 This policy applies to all staff, students (including students undertaking internships) and affiliates (including volunteers) engaged by or on behalf of UTS.
2.2 This policy does not apply to the following:
- UTS students under the age of 18 (teaching of university students is excluded in the Act).
- Children of staff, students, affiliates and visitors who may be on campus from time to time. While on campus, these children do not fall under the responsibility of the university and are considered to be in the care of the parent, teacher, school coordinator or another carer.
- Associated or controlled entities of the university.
- UTS's obligations under the Health Practitioner Regulation National Law 2009 (NSW). This is managed under the Australian Health Practitioner Regulation Agency Reporting Procedure.
3. Principles
3.1 UTS, in line with its values and commitments under the UTS 2027 strategy, makes every effort to ensure a safe working and learning environment. This includes a commitment to the safety and wellbeing of children.
3.2 UTS has a zero-tolerance approach to child exploitation, abuse and any reportable conduct as defined in the Children’s Guardian Act. This includes the possession, production and/or distribution of child pornography or any other child exploitation material.
3.3 UTS acknowledges Australia’s role as a signatory to the United Nations Convention on the Rights of the Child and the rights and obligations outlined under this convention.
3.4 UTS will not knowingly engage, directly or indirectly, with any individual or organisation, in or outside Australia, who poses an unacceptable risk to children. UTS will report any such abuses. This includes provisions in relation to modern slavery reporting (refer Eradicating modern slavery and the Modern Slavery Act 2018 (Cwlth)).
3.5 UTS acknowledges that child-related work may take place in a face-to-face setting or online.
4. Policy statements
UTS commitment to child protection
4.1 UTS is committed to ensuring the safety and wellbeing of children and will take necessary steps and precautions to protect children from abuse, neglect, exploitation and/or any forms of misconduct.
4.2 In line with the behavioural requirements outlined in the Code of Conduct, the Student Rights and Responsibilities Policy and the Equity, Inclusion and Respect Policy, staff, students and affiliates play a collective role in ensuring the protection and safety of children.
4.3 In support of this collective responsibility, supervisors must:
- be aware of the role of the employer as outlined by the Office of the Children’s Guardian, particularly when a Working With Children Check (WWCC) is required
- identify any roles or activities that involve child-related work and ensure the necessary checks are in place for those engaging in child-related work, including a WWCC and/or appropriate training
- be aware of the process for the reporting of alleged abuses
- ensure relevant individuals are made aware of and comply with their responsibilities under this policy, and
- those with reporting obligations under this policy are familiar with these requirements and supported in making such reports.
4.4 The UTS Working with Children Check assessment tool may be used by supervisors and staff to determine whether a WWCC is required (refer to the WWCC assessment tool available at Child protection). Further guidance on the WWCC and child-related work is available via the Office of the Children’s Guardian (refer Who needs a check).
4.5 Where the requirement to undertake child-related work is known before employment (or before enrolment where it applies to a student), a WWCC must be included in the relevant position description, contract of employment, enrolment form, or otherwise occur as part of the pre-employment or pre-enrolment.
4.6 UTS may require staff, students or affiliates to attend child protection training, awareness sessions or any other form of training even when not engaged directly in child-related work in support of this policy, or for any other reason as required by the university.
4.7 The Code of Conduct, the Student Rights and Responsibilities Policy and the Equity, Inclusion and Respect Policy outline expectations of behaviour at UTS. In addition to the requirements of these policies, the following behaviour must be reported to the relevant authorities for investigation:
- sexual touching of a child
- accessing, producing, disseminating or possessing child pornography or exploitation materials
- sexual comments, conversations or communications to a child
- child grooming behaviours, and
- any mistreatment of a child, including, but not limited to, making excessive, inappropriate or degrading demands or comments either directly or indirectly, and any behaviour that may cause significant emotional or psychological harm.
4.8 Staff, students, affiliates and visitors using information and communications technology facilities to access, produce or distribute child pornography or exploitation materials (including via social networks or any other means of online communication) will be managed under the Information Security Policy and this policy as appropriate.
Child-related work and the Working with Children Check
4.9 It is against the law to engage anyone in child-related work without a Working with Children Check (WWCC) via the Office of the Children’s Guardian. WWCCs may be transferred between jobs and must be renewed every 5 years. UTS will maintain its registration with the Office of the Children’s Guardian.
4.10 In addition to any activities requiring a WWCC under the Act, UTS may require staff, students and affiliates (including volunteers) to undertake checks, clearances, training or development as determined by the university or any other relevant organisation.
4.11 Individuals engaging in child-related activities organised by UTS should be assessed by UTS to determine whether their involvement constitutes child-related work requiring a WWCC under the Act or other forms of clearance or training. Further guidance is available via the Office of the Children’s Guardian (refer Who needs a check).
4.12 Individuals must apply for (or renew) a WWCC, and receive clearance by the Office of the Children’s Guardian, before interacting with children and ensure supervisors are informed of any renewal or review activities. Where possible, this should be undertaken before starting work or study at UTS.
4.13 Child-related work that arises after employment or enrolment has started must be managed by the appropriate university manager or supervisor (refer also Child protection).
Outcomes of a Working with Children Check
4.14 If the outcome of a WWCC is a clearance to work with children, the cleared individual will still be subject to ongoing monitoring by the Office of the Children’s Guardian for the 5-year life of the clearance.
4.15 If the outcome of a WWCC is a bar against working with children, the barred individual will be prohibited from engaging in any child-related work for or on behalf of UTS. The individual will also be immediately prohibited from engaging in any other activity that may include interactions with children by the supervisor in consultation with the People Unit.
4.16 The People Unit (on behalf of UTS) may apply for WWCCs for workers and volunteers or verify WWCC application numbers.
4.17 Any staff, student or affiliate already engaged by UTS for child-related work, who, in the course of their appointment, subject to ongoing or special review, is barred by the Office of the Children’s Guardian will be immediately suspended from any child-related work or any other work as determined by the university, pending further investigation.
4.18 The Office of the Children’s Guardian maintains reporting responsibilities under Division 3 of the Children’s Guardian Act. This is separate from and outside the university’s obligations under the Act and the Regulation.
Undertaking child-related work and activities
4.19 All child-related activities (which may include child-related work) must be proposed in a business case and approved by an appropriate supervisor in line with the Delegations. The business case must include relevant information on:
- the specific nature, purpose and objectives of the activity
- the activity’s strategic alignment to the UTS 2027 strategy
- the location of the activity (for example, whether it is on or off-campus and/or online)
- whether the activity will be undertaken with children
- how the Child Safe Standards (refer Implementing the Child Safe Standards) will be applied to design a child safe framework appropriate to the type and nature of the work
- appropriate risk assessments (refer Risk Management Policy), and
- funding and costs (including WWCC or police checks for each person engaging in child-related work on behalf of UTS).
4.20 This policy, the Code of Conduct, the Student Rights and Responsibilities Policy and the Equity, Inclusion and Respect Policy apply to all those engaged in child-related activities.
Research involving children
4.21 Anyone undertaking research activity that is child-related must apply for a WWCC and receive clearance before applying for ethics approval (outlined in the Research Policy) and before starting any interaction with children as part of their research project.
4.22 Researchers must comply with all working with children requirements identified as part of their ethics approval. Further guidance on ethics approval requirements and processes is available in the Research Policy and the Research Management Procedure (SharePoint).
4.23 To meet its state and Commonwealth regulatory responsibilities, an active report on all projects involving research with children is kept as part of the human research ethics process and updated regularly.
Internships
4.24 This policy applies to students undertaking internships in line with the Internships Management Policy. Students undertaking internships are also required to comply with the child protection requirements of host organisations.
Records management and privacy
4.25 All investigations (and information relating to any investigations) will be managed confidentially and in line with the Privacy Policy and the Records Management Policy. Any disclosures relating to allegations or investigations of child abuse will follow the requirements of section 57 of the Children’s Guardian Act 2019 (NSW).
4.26 Supervisors are responsible for keeping accurate records of who is required to have a WWCC, who has a current WWCC, verifying the WWCC numbers, and reminding staff, students and affiliates to renew their WWCC (every 5 years). This can be tracked on the ‘WWCC clearance table' on the WWCC assessment tool (available at Child protection).
4.27 Clearance tables must be signed by the relevant director and submitted annually to Client Services and Support (People Unit). This information is:
- collated and recorded on Content Manager in line with the Records Management Policy, and
- provided to the Provost annually to support external compliance requirements.
4.28 All records must be maintained in line with the Records Management Policy, the requirements of the Office of the Children’s Guardian and any guidance provided by the People Unit.
Mandatory reporting
4.29 Staff, students and affiliates must report any suspected exploitation, neglect and/or abuse to their supervisor or responsible academic officer (hereafter supervisor), even where the allegation may seem trivial, minor or lacking evidence (refer Child protection). Additional reporting obligations under the Reportable Conduct Scheme may also apply for UTS staff, students and affiliates working or volunteering in a ‘relevant entity’. Refer Reportable Conduct Scheme for details.
4.30 On receiving a report, supervisors must immediately:
- remove or minimise any obvious risk to children or students where possible (while protecting the rights of the employee)
- report any allegations of exploitation and/or abuse by staff or affiliates to the Executive Director, People and Culture
- report any allegations of exploitation and/or abuse by students to the Director, Student Services, and
- report any incidents to the Finance Unit (insurance@uts.edu.au) immediately, ensuring personal information is protected (refer Records management and privacy).
4.31 Allegations of abuse perpetrated by a student will be managed by the Director, Student Services. Allegations of abuse perpetrated by a student who is also a staff member will be managed by the Executive Director, People and Culture in consultation with the Director, Student Services and the Director, Equity, Diversity and Inclusion as appropriate.
4.32 The General Counsel and Executive Director, Risk and Compliance and/or the Head of Security and Emergency Management may be consulted, as required, in the management of a complaint or report.
4.33 The Director, Student Services and the Executive Director, People and Culture are authorised to receive confidential information from the Office of the Children’s Guardian and/or the Department of Social Services. This may occur if an individual’s WWCC status has changed or there is an investigation by the Office of the Children’s Guardian of a reportable allegation.
4.34 The Director, Student Services and the Executive Director, People and Culture may have further obligations to report suspected child abuse, exploitation or risk of significant harm to Communities and Justice NSW, the NSW Child Protection Helpline and/or the NSW Police.
4.35 Staff, students and affiliates who are unsatisfied with UTS’s response to a reported child protection allegation, including mandatory reporting obligations, are encouraged to seek information and advice from the Office of the Children’s Guardian.
Policy breaches
4.36 Any breaches of this policy will be managed in line with the Code of Conduct, the Enterprise agreements, the Student Rules and the Student Rights and Responsibilities Policy. In line with the Campus Policy, the Temporary Exclusion Policy and Rule 16.9 Student Rules, individuals may be removed from and/or excluded from campus to ensure the safety and wellbeing of the UTS community.
4.37 All alleged breaches of this policy or relevant legislation will be treated confidentially, as far as it is possible to do so, during the investigation. The Director, Student Services, the Executive Director, People and Culture, the Head of Security and Emergency Management and the Director, Property may refer the matter to a relevant statutory authority and/or agency where breaches of relevant legislation may be evident.
5. Policy owner and contact
5.1 Policy owner: The Provost is responsible for policy enforcement and compliance, ensuring that its principles and statements are observed. The Provost is also responsible for annual reporting in line with normal compliance requirements and the approval of any associated university level procedures.
5.2 Policy contact: The Executive Director, People and Culture is the contact responsible for the day-to-day implementation of this policy for staff and acts as a primary point of contact for advice on fulfilling its provisions. The Executive Director, People and Culture is responsible for ensuring that UTS is registered with the Office of the Children’s Guardian. In addition, the following roles act as policy contacts:
- The Director, Student Services acts as a primary point of contact for advice on managing allegations against students.
- The General Counsel and Executive Director, Risk and Compliance, the Director, Property and the Head of Security and Emergency Management may be consulted, where necessary, to support the effective implementation of this policy in line with the university’s obligations.
- The General Counsel and Executive Director, Risk and Compliance and the Executive Director, People and Culture should be notified where a UTS child-related worker becomes barred in line with the requirements of the Office of the Children’s Guardian.
5.3 Others:
Supervisors have an important role in understanding when a WWCC may be required by staff, students or affiliates under their supervision.
Staff, students and affiliates should work collaboratively to meet the university’s zero-tolerance approach to child exploitation and abuse.
Staff who are guiding students through this process should work with their supervisors and the People Unit as necessary to ensure the necessary WWCCs are in place. Further information is available at Child protection.
Staff, students, affiliates and visitors with mandatory reporting obligations should be aware of their responsibilities under the Children’s Guardian Act.
Client Services and Support, under the Executive Director, People and Culture, is responsible for managing and publishing staff guidance on child protection on the UTS website.
6. Definitions
The following definitions apply for this policy. These are in addition to the definitions outlined in Schedule 1, Student Rules. Definitions in the singular also include the plural meaning of the word.
Adult means any person of 18 years or over.
Affiliate is defined in the Code of Conduct.
Child (or children) means any person under the age of 18 years old. Teaching of university students is excluded in the Act.
Child-related activities means any planned UTS activity or program that is targeted towards children and may involve direct contact or interaction with children. This excludes engaging with UTS students who are under the age of 18 years old, open days or normal university induction processes.
Child-related work means any work requiring face-to-face contact with a child or children, as outlined in section 6 of the Act and part 2 of the Regulation. To summarise, child-related work (which can be paid or voluntary) is any work that involves direct contact with a child or children, normally involves being face-to-face, or any contact with a child that is more than incidental to the work being undertaken. Section 6(2)(g) of the Act excludes the educational activities conducted at UTS from child-related work.
Internship is defined in the Internships Management Policy.
Staff is defined in the Code of Conduct.
Supervisor for the purposes of this policy includes, but is not limited to:
- deans, executive directors, directors, heads of school, all managers and other people who supervise staff
- the supervisor roles outlined in the Graduate Research and Supervision Policy
- any staff or affiliate responsible for coordinating activities that include child-related work.
Unacceptable risk means a high-level risk, identified by a risk evaluation, as unacceptable. The only appropriate risk treatment is avoiding the risk by deciding not to initiate (refer Risk Management Policy).
Working with Children Check means the process of screening individuals engaged in child-related work as managed by the New South Wales Office of the Children's Guardian: Working with Children Check.
Working with Children Check clearance means an authorisation to engage in child-related work from the New South Wales Office of the Children’s Guardian. This is further outlined in the Act.
Visitor is defined in the Campus Policy.
Approval information
Policy contact | Executive Director, People and Culture |
---|---|
Approval authority | Council |
Review date | 2025 |
File number | UR20/1770 |
Superseded documents | Child Protection Policy 2015 (UR15/1171) |
Version history
Version | Approved by | Approval date | Effective date | Sections modified |
---|---|---|---|---|
1.0 | Council (COU 20-6/133) | 25/11/2020 | 08/01/2021 | New policy. |
1.1 | Director, Governance Support Unit (Delegation 3.14.1) | 19/05/2021 | 17/06/2021 | Changes to reflect new organisational structure of the Centre for Social Justice and Inclusion. |
1.2 | Deputy Director, Corporate Governance (Delegation 3.14.2) | 22/02/2022 | 22/02/2022 | Minor change to reflect portfolio realignment under Fit for 2027 project and general updates. |
2.0 | Council (COU/22-6/131) | 30/11/2022 | 15/12/2022 | Full review to address the Child Safe Standards and meet sector and funding body expectations. |
2.1 | Deputy Director, Corporate Governance (Delegation 3.14.2) | 06/07/2023 | 10/07/2023 | Minor updates to reflect new child protection content on the UTS website. |
References
Australian Health Practitioner Regulation Agency Reporting Procedure
Child Protection (Working with Children) Act 2012 (NSW)
Child Protection (Working with Children) Regulation 2013 (NSW)
Children's Guardian Act 2019 (NSW)
Equity, Inclusion and Respect Policy
Health Practitioner Regulation National Law 2009 (NSW)
Modern Slavery Act 2018 (Cwlth)
NSW Office of the Children's Guardian
Research Management Procedure (SharePoint)