Child Protection Policy & Child Safety Code of Conduct

Introduction

Burger Chords is committed to promoting and protecting the interests and safety of children. We have zero tolerance for child abuse. Burger Chords is thereby committed to complying with the Child Safe Standards (Standards) introduced by the Victorian Government, which set out the compulsory minimum standards for organisations that provide services for children and young people (or are used by children and young people), to help protect them from harm.

Everyone working at Burger Chords is responsible for the care and protection of children and reporting information about child abuse.

Application

This policy applies to all staff, contractors and volunteers and to the broad range of situations where interaction with children and young people may occur in the delivery of Burger Chords’s services.

Burger Chords Approach to Child Safety

In continuing to implement and promote a child-safe system of work, Burger Chords will:

develop an environment in which children feel listened to and valued, and in which their concerns are acted upon, including encouraging and allowing children to participate in decisions important to them
consult with staff and other appropriate parties, including families and children
assess and manage the risk of abuse to children who interact with Burger Chords
take a proactive approach to child safety, including fostering a culture of openness that encourages all staff, students and parents to report any concerns of child safety and supports them in this process
report suspected abuse, neglect or mistreatment promptly to the appropriate authority, whether or not the law requires reporting
ensure children know the options available to them if they are concerned or feeling unsafe, and foster an environment where children are safe to raise such concerns
recruit staff who are suitable to work with children and provide high quality training, supervision and professional development to staff
have policies, procedures and supports in place to reflect these commitments, and review these regularly.

Responsibilities

All staff, contractors and volunteers are responsible for the safety and wellbeing of children and young people who engage with Burger Chords. All staff are expected to act in accordance with the Burger Chords’s Child Safety Code of Conduct in their physical and online interactions with children and young people under the age of 18 years.

All teachers at Burger Chords must ensure that they:

promote child safety at all times
assess the risk of child abuse within their area of control and eradicate or minimise any risk to the extent possible
educate employees about the prevention and detection of child abuse
facilitate the reporting of any inappropriate behaviour or suspected abusive activities.

All staff, volunteers and contractors share responsibility for the prevention and detection of child abuse, and must:

familiarise themselves with relevant laws, the Child Safety Code of Conduct, and Burger Chords’s policy and procedures in relation to child protection, and comply with all requirements
report any reasonable belief that a child’s safety is at risk to the relevant authorities (such as the police or the state child protection service) and fulfil their obligations as mandatory reporters
provide an environment that is supportive of all children’s emotional and physical safety.

Personnel and Training

All music teachers at Burger Chords must have current Working with Children Checks to support the ongoing culture of child safety.

Burger Chords may require applicants to provide a police check in accordance with the law and as appropriate, before they commence working and during their time with Burger Chords at regular intervals.

Once engaged, workers and volunteers must review and acknowledge their understanding of this policy.

Investigating

If the appropriate child protection service or the police decide to investigate a report, all employees, contractors or volunteers must co-operate fully with the investigation.

Privacy

Burger Chords will respect the privacy of the individuals involved unless there is a risk to someone’s safety. Burger Chords will have safeguards and practices in place to ensure that any personal information considered or recorded remains confidential.

In accordance with privacy laws, everyone is entitled to know how the personal information will be recorded, what will or can be done with it, and who may be able to access it.

CODE OF CONDUCT FOR EMPLOYEES, VOLUNTEERS AND CONTRACTORS WORKING WITH CHILDREN AND YOUNG PEOPLE

Child Safety Code of conduct

Staff, volunteers and contractors at Burger Chords are required to abide by the Child Safety Code of Conduct.

Burger Chords recognises, respects and promotes its responsibilities to keep children safe from abuse, and commits to ensuring the safety of children as a first priority. Burger Chords values diversity and will not tolerate child abuse or discriminatory practices.

The Child Safety Code of Conduct aims to protect children and reduce opportunities for child abuse or harm to occur. It is intended to complement Burger Chords’s other related policies and procedures.

The Child Safety Code of Conduct applies to the broad range of situations where interaction with children and young people may occur in the delivery of Burger Chords services, including through digital technology and social media.

All people involved in the care of children on behalf of Burger Chords will:

work towards achieving the aims and purposes of the organisation
be responsible for relevant administration of programs and activities in their area
maintain a duty of care towards others involved in these programs and activities
take all reasonable steps to protect children from abuse and harm
establish and maintain a child-safe environment for children and young people in the course of their work
be fair, considerate and honest in their dealings with others
work with children in an open and transparent way
treat children and young people with respect and value their ideas and opinions
encourage children to participate in matters important to them
act as positive role models in their conduct with children and young people and model appropriate adult behaviour
listen to children and respond to their needs appropriately
be professional in their actions
maintain strict impartiality
comply with specific organisational guidelines on physical contact with children
respect the privacy of children and their families, teachers and carers, and disclose information about them only to people who have a need to know
operate within the policies and guidelines of [Name of Organisation], including adhering to the Child Safe Policy, at all times
report any allegations of child abuse
contact the police if a child is at immediate risk of abuse (phone 000).

Staff, volunteers and contractors shall work to prevent discrimination and actively promote the participation and inclusion of all children, recognising in particular:

Aboriginal and Torres Strait Islander children and young people
children from culturally and linguistically diverse backgrounds
children with a disability
children who identify as lesbian, gay, bisexual or trans
children who are intersex, non-binary or gender diverse
children in and out of home care and the youth justice system.

Staff, volunteers and contractors shall not:

shame, humiliate, oppress, belittle or degrade children or young people
unlawfully discriminate against any child or young person, including because of age, gender, race, culture, vulnerability, sexuality, ethnicity or disability
seek to use children in any way to meet the needs of adults
ignore or disregard any concerns, suspicions or disclosure of child abuse or harm
engage in any activity with a child or young person that is likely to physically or emotionally harm them
initiate unnecessary physical contact with a child or young person, or do things of a personal nature for them that they can do for themselves; e.g. toileting or changing clothes
be alone with a child or young person unnecessarily and for more than a very short time
develop a “special” relationship with a specific child or young person for their own needs
show favouritism through the provision of gifts or inappropriate attention
arrange contact, including online contact, with children or young people outside of the organisation’s programs and activities
have unauthorised contact with children and young people in person, online or by phone
photograph or video a child or young person without the consent of the child and their parents or guardians
work with children or young people while under the influence of alcohol or illegal drugs
engage in open discussions of a mature or adult nature in the presence of children
use inappropriate language or behaviour, including discriminatory or oppressive language or behaviour, in the presence of children
do anything in contravention of the organisation’s policies, procedures or this Code of Conduct.

Definitions

Child means a child or young person who is under the age of 18 years.

Child protection means any responsibility, measure or activity undertaken to safeguard children from harm.

Child abuse means

a sexual offence committed against, with or in the presence of a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded, or
sexual misconduct committed against, with or in the presence of a child, or
physical violence committed against, with or in the presence of a child, or
any behaviour that causes significant emotional or psychological harm to a child or significant neglect of a child.

Child sexual assault is any act which exposes a child to, or involves a child in, sexual processes beyond his or her understanding or contrary to accepted community standards. Sexually abusive behaviours can include the fondling of genitals, masturbation, oral sex, vaginal or anal penetration by a penis, finger or any other object, fondling of breasts, voyeurism, exhibitionism, and exposing the child to or involving the child in pornography. It includes child grooming, which refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child to lower the child’s inhibitions in preparation for sexual activity with the child.

Reasonable grounds for belief is a belief based on reasonable grounds that child abuse has occurred when all known considerations or facts relevant to the formation of a belief are taken into account and these are objectively assessed. Circumstances or considerations may include the source of the allegation and how it was communicated, the nature of and details of the allegation, and whether there are any other related matters known regarding the alleged perpetrator.

A reasonable belief is formed if a reasonable person believes that:

the child is in need of protection, or
the child has suffered or is likely to suffer significant harm as a result of physical injury, or
the parents are unable or unwilling to protect the child.

A “reasonable belief” or a “belief on reasonable grounds” is not the same as having proof, but it is more than mere rumour or speculation.

A “reasonable belief” is formed if a reasonable person in the same position would form the belief on the same grounds. For example, a “reasonable belief” might be formed if:

a child states that they have been physically or sexually abused
a child states that they know someone who has been physically or sexually abused (the child may be talking about themselves)
someone who knows a child states that the child has been physically or sexually abused
professional observations of the child’s behaviour or development leads a professional to form a belief that the child has been physically or sexually abused or is likely to be abused
signs of abuse lead to a belief that the child has been physically or sexually abused.