Purpose

The purpose of this policy is to outline the procedures Rotary District 9790 and our clubs (collectively, the district) have in place to respond to complaints or concerns relating to child abuse and to ensure that all Rotary and Rotaract members, and volunteers understand and follow the various legal obligations that apply to the reporting of child abuse to relevant authorities.

Scope

This policy applies to complaints and concerns relating to child abuse made by or in relation to a child or young person, Rotary and Rotaract members, volunteers, contractors, service providers, visitors or any other person while connected to our programs (physical and online).

Definitions

Child abuse

Child abuse includes:

• physical violence inflicted on a child.
• sexual offences committed against a child.
• grooming of a child by an adult.
• family violence committed against or in the presence of a child.
• serious emotional or psychological harm to a child.
• serious neglect of a child.

The definition of child abuse is broad and can include student to student incidents and concerns, as well as behaviour committed by an adult.

Grooming

Grooming is a criminal offence and is a form of child abuse and sexual misconduct. This offence targets predatory conduct undertaken by an adult to prepare a child, under the age of 16, to engage in sexual activity at a later time. Grooming can include communicating (including electronic communications) and/or attempting to befriend or establish a relationship or other emotional connection with the child or their parent or carer.

Policy

The district understands the important role we play in protecting children and young people from abuse. We have a range of policies and measures in place to prevent child abuse from occurring.

Information for children and young people

All children and young people should feel safe to speak to any Rotary member to raise any concerns about their safety or any other concerns that they have.

Identifying child abuse

To ensure we can respond in the best interests of children and young people when complaints or concerns relating to child abuse are raised, all Rotary and Rotaract members, and relevant volunteers must:

• understand how to identify signs of child abuse and behavioural indicators of perpetrators - for detailed information on identifying child abuse and behavioural indicators of perpetrators refer to the Victorian Government’s Identify child abuse webpage.
• understand their various legal obligations in relation to reporting child abuse to relevant authorities - for detailed information on the various legal obligations refer to Appendix A
• follow the below procedures for responding to complaints or concerns relating to child abuse, which ensure we act in the best interests of children and young people and complies with our legal obligations.

We recognise the diversity of the children, young people, and families and take account of their individual needs and backgrounds when considering and responding to child safety incidents or concerns.

Procedures for responding to an incident, disclosure, allegation, or suspicion of child abuse

Rotary member and volunteer responsibilities

1. Immediate action

If a Rotary member or volunteer witnesses an incident of child abuse, or reasonably believes, suspects, or receives a disclosure or allegation that a child has been, or is at risk of being abused, they must:

• If a child is at immediate risk of harm, separate alleged victims and others involved, administer first aid (appropriate to their level of training), and call 000 for urgent medical or police assistance where required to respond to immediate health or safety concerns.
• Notify the club’s child safety champion and/or the district protection officer as soon as possible, who will ensure we follow the steps in these procedures.

NOTE for Rotary and Rotaract members, and volunteers:

• if you are uncertain if an incident, disclosure, allegation, or suspicion gives rise to a concern about child abuse you must always err on the side of caution and report the concern to club’s child safety champion and/or the district protection officer.
• If the Club Protection Officer and/or the district protection officer is unavailable, the club president and/or district governor will take on this role.
• If the concerns relate to the conduct of the Club Protection Officer and/or the district protection officer, notify the club president and/or district governor who must then take on responsibility for ensuring we follows these procedures.

Refer to Appendix B for guidance on how to respond to a disclosure of child abuse.

2. Reporting to authorities and referring to services

As soon as immediate health and safety concerns are addressed, and relevant people have been informed, the club protection officer and/or the district protection officer must report all incidents, suspicions, and disclosures of child abuse as soon as possible.

The following steps will ensure we comply with the four critical actions, Rotary International policies as well as additional actions required under the Child Safe Standards.

The Club Protection Officer and/or the district protection officer must ensure:

• all relevant information is reported to the Child Protection, Police or relevant services where required.
• the incident is reported to the district protection officer and district governor.
• all reportable conduct allegations or incidents are reported by the district protection officer to the Commission for Children and Young People, and the person who is accused of misconduct involving young people be temporarily removed from all contact with them in Rotary until the matter is fully addressed.
• a report has been made by the District Governor to Rotary International at youthprotection@rotary.org within 72 hours.

NOTE: In circumstances where Rotary and Rotaract members, and volunteers are legally required to report child abuse to Child Protection or Police and they are unable to confirm that the information has been reported by another person or the designated member person does not agree that a report needs to be made, the person who has formed the reasonable belief must still contact Child Protection and/or Police to make the report.

If you believe that a child is not subject to abuse, but you still hold significant concerns for their wellbeing you must still act. This may include making a referral or seeking advice from Child Protection (in NSW) or The Orange Door (in Victoria).

3. Contacting parents or carers

The club protection officer and/or the district protection officer must ensure parents and carers are notified unless advised otherwise by Child Protection or Police, or there are other safety and wellbeing concerns in relation to informing parents/carers.

Club protection officers may contact the district protection officer for advice on notifying parents and carers, and where relevant, the community.

For further guidance, refer to the Victorian Government’s Contacting parents and carers webpage.

4. Ongoing protection and support

The Club Protection Officer and/or the district protection officer must ensure appropriate steps are taken to protect the child and other children from any continued risk of abuse.

These steps must be taken in consultation with any relevant external agency such as Child Protection or Police. Ongoing protection will also include further reports to authorities if new information comes to light or further incidents occur.

Appropriate, culturally sensitive, and ongoing support must be offered and provided to all affected children and young people. Ongoing support will be based on any available advice from parents and carers, health practitioners, and other authorities (such as Child Protection, Orange Door or Police) and may include referral to wellbeing professionals, and/or development of a safety plan.

In accordance with Rotary Code of Policies  section 2.120.2. “A club must terminate the membership of any individual who initiates contact with youth in a Rotary context after being notified they have been prohibited from contact with youth.”

5. Recordkeeping

The Club protection officer and/or the district protection officer will ensure that:

• detailed notes of the incident, disclosure, allegation, or suspicion are taken including, where possible, by the Rotary or Rotaract member, or volunteer who reported the incident, disclosure, or suspicion to them. We recommend using the Victorian Government’s Responding to Suspected Child Abuse: Template or the Responding to Student Sexual Offending: template.

• detailed notes are taken of any immediate or ongoing action taken to respond to the incident, disclosure, allegation, or suspicion

• all notes and other records relating to the incident, disclosure, allegation, or suspicion, including the immediate and ongoing actions, are stored securely by the district protection officer.

For visitors and community members

All community members aged 18 years or over have legal obligations relating to reporting child abuse – refer to Appendix A for detailed information.

Any person can make a report to Child Protection or Police if they believe on reasonable grounds that a child is in need of protection.

Members of the community do not have to inform us if they are making a disclosure to Child Protection or the Police. However, where a community member is concerned about the safety of a child or children in our programs, the community member should report this concern to the program organisers or club so that appropriate steps to support the child or young person can be taken.

Additional requirements

All Rotary and Rotaract members play an important role in supporting safety and wellbeing of children and young people and have a duty of care to take reasonable steps to prevent reasonably foreseeable harm to children and young people.

Fulfilling the roles and responsibilities in the above procedure does not displace or discharge any other obligations that arise if a person reasonably believes that a child or young person is at risk of child abuse.

This means that if, after following the actions outlined in the procedure, a person reasonably believes that a child remains at risk of abuse, they must take the following steps:

• if they are concerned that the district or club has not taken reasonable steps to prevent or reduce the risk, raise these concerns with the club president or district governor in the first instance, and escalate to Rotary International’s Club and District Support team by contacting cds@rotary.org if they remain unsatisfied.
• report the matter to the relevant authorities where they are unable to confirm that the information has been reported by another person. 

Refer to Appendix A for further information on their obligations relating to reporting to authorities.

Communication

This policy will be communicated to our community in the following ways:

• Available publicly on the district’s website
• Included in annual training for club child safety champions
• Included in volunteer induction processes and training for relevant volunteers

Further information and resources

Policy review and approval

Appendix A: legal obligations relating to reporting child abuse in Victoria

The following information outlines the various legal obligations relating to the reporting of child abuse to relevant authorities in Victoria. Information about other jurisdictions can be found here: Mandatory reporting of child abuse and neglect | Australian Institute of Family Studies

It is important to note that the procedures outlined in the above policy ensure compliance with the below reporting obligations.

Mandatory reporting to Child Protection

The following individuals are mandatory reporters under the Children, Youth and Families Act 2005 (Vic):

• registered teachers and early childhood teachers (including principals and school staff who have been granted permission to teach by the Victorian Institute of Teaching).
• school counsellors including staff who provide direct support to students for mental, emotional, or psychological wellbeing, including (but not limited to) school health and wellbeing staff, primary welfare coordinators, student wellbeing coordinators, mental health practitioners, chaplains, and Student Support Services staff.
• nurses.
• registered psychologists.
• police officers.
• registered medical practitioners.
• out of home care workers (excluding voluntary foster and kinship carers).
• early childhood workers.
• youth justice workers.
• people in religious ministry.
• Midwives.

All mandatory reporters must make a report to the 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 abuse and/ or sexual abuse; and
• the child’s parents or carers have not protected, or are unlikely to protect, the child from harm of that type.

A mandatory reporter who fails to comply with this legal obligation may be committing a criminal offence. It is important for all mandatory reporters to be aware that they are legally obliged to make a mandatory report on each occasion that they form a reasonable belief that a child is in need of protection, and they must make a mandatory report even if the program organisers or any other mandatory reporter does not share their belief that a report is necessary.

If charged with not making a mandatory report, it may be a defence for the person charged to prove that they honestly and reasonably believed that all of the reasonable grounds for their belief had been the subject of a report to child protection made by another person.

The identity of a person who reports any protective concerns to Child Protection is protected by law. It is an offence for a person, other than the person who made the report, to disclose the name of the person who made a report or any information that is likely to lead to their identification.

In addition, the district requires all Rotary and Rotaract members, and volunteers who form a reasonable belief that a child is in need of protection to discuss their concerns with the program organisers, club protection officers, or the district protection officer and to report their concerns to Child Protection and in some circumstances to Police, or to ensure that all the information relevant to the report has been made by another Rotary or Rotaract member.

Any person can make a report to Child Protection if they believe on reasonable grounds that a child is in need of protection even if they are not a mandatory reporter listed above.

In accordance with the Rotary Code of Policies, any allegation of harassment or abuse that involves children or young people must also be reported by the District Governor to Rotary International at youthprotection@rotary.org within 72 hours.

Reportable Conduct

The Reportable Conduct Scheme is focussed on worker and volunteer conduct and how organisations investigate and respond to suspected child abuse. The scheme aims to improve organisational responses to suspected child abuse and to facilitate the identification of individuals who pose a risk of harm to children. 

There are five types of ‘reportable conduct’ listed in the Child Wellbeing and Safety Act 2005 (Vic):

• sexual offences against, with or in the presence of, a child.
• sexual misconduct (which includes grooming) 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 to a child.
• significant neglect of a child.

A reportable conduct allegation is made where a person makes an allegation, based on a reasonable belief, that a worker or volunteer has committed reportable conduct or misconduct that may involve reportable conduct.

If Rotary and Rotaract members, or volunteers become aware of reportable conduct by any current or former member, contractor, or volunteer, they must notify the district protection officer immediately. If the allegation relates to the district protection officer, they must notify the district governor.

The district protection officer or district governor must notify the Commission for Children and Young People of any reportable conduct allegations involving current or former Rotary and Rotaract members, contractors, and volunteers.

Failure to disclose offence

Reporting child sexual abuse is a community-wide responsibility. All adults (i.e., persons aged 18 years and over), not just professionals who work with children, have a legal obligation to report to Victoria Police, as soon as practicable, where they form a ‘reasonable belief’ that a sexual offence has been committed by an adult against a child under the age of 16 in Victoria.

Failure to disclose information to Police (by calling 000, local police station or the Police Assistance Line 131 444) as soon as practicable may amount to a criminal offence unless a person has a ‘reasonable excuse’ or exemption from doing so.

‘Reasonable belief’ is not the same as having proof. A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds.

For example, a ‘reasonable belief’ might be formed when:

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

‘Reasonable excuse’ is defined by law and includes:

• fear for the safety of any person including yourself or the potential victim (but not including the alleged perpetrator or an organisation).
• where the information has already been disclosed to Police and you have no further information to add (for example, through a mandatory report to Child Protection or a report to Police from another person).

Failure to protect offence

This reporting obligation applies to a Rotary member or volunteer in a position of authority. Any Rotary member or volunteer in a position of authority who becomes aware that an adult associated with the district, or their club (such as another Rotary member, contractor, volunteer, or visitor) poses a risk of sexual abuse to a child under the age of 16 under their care, authority, or supervision, must take all reasonable steps to remove or reduce that risk.

This may include removing the adult (i.e., persons aged 18 years and over) from working with children or young people pending an investigation and reporting your concerns to Police.

If a Rotary member or volunteer in a position of authority fails to take reasonable steps in these circumstances, this may amount to a criminal offence.

APPENDIX B: managing disclosures of child abuse

When managing a disclosure relating to child abuse you should:

• listen to the child or young person and allow them to speak.
• stay calm and use a neutral tone with no urgency and where possible use the child or young person’s language and vocabulary (you do not want to frighten or interrupt the child or young person).
• be gentle, patient, and non-judgmental throughout.
• highlight to the child or young person it was important for them to tell you about what has happened.
• assure them that they are not to blame for what has occurred. 
• do not ask leading questions, for example gently ask, “What happened next?” rather than “Why?”.
• be patient and allow the child or young person to talk at their own pace and in their own words.
• do not pressure the child or young person into telling you more than they want to, they will be asked a lot of questions by other professionals, and it is important not to force them to retell what has occurred multiple times.
• reassure the child or young person that you believe them and that disclosing the matter was important for them to do.
• use verbal facilitators such as, “I see”, restate the child or young person’s previous statement, and use non-suggestive words of encouragement, designed to keep the child or young person talking in an open-ended way (“what happened next?”).
• tell the child or young person, in age-appropriate language, you are required to report to the relevant authority to help stop the abuse and explain the role of these authorities if appropriate (for a young child this may be as simple as saying “I will need to talk to people to work out what to do next to help you”).
• Take prompt action in relation to following the procedures outlined.

When managing a disclosure, you should AVOID:

• displaying expressions of panic or shock.
• asking questions that are investigative and potentially invasive (this may make the child or young person feel uncomfortable and may cause the child or young person to withdraw).
• going over the information repeatedly (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).
• making any comments that would lead the child or young person to believe that what has happened is their fault.
• making any promises you will keep the information the child or young person provided confidential.
• making promises to the child or young person about what will occur next or that things will be different given the process can be unpredictable and different for each child depending on their circumstances (instead reassure them that you and others will do your best to help).