Child safety and wellbeing policy

Early Learning Victoria has a duty of care for all children who attend its centres.

Our practices safeguard children from child abuse and harm and prioritise their safety and wellbeing. Early Learning Victoria has zero tolerance for child abuse and actively promotes the Victorian Child Safe Standards. We ensure child safety and wellbeing is at the heart of the work we do in leadership, service and program delivery, policies and practices.

Every child has the right to be in a nurturing and safe environment where they can learn and develop. We engage with families, children and communities with respect. We provide culturally safe environments, encouraging participation and empowerment by giving children and their families a voice.

1. Scope

This policy applies to families, staff, management and visitors of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour-hire employees of Early Learning Victoria.

2. Policy statement

This policy demonstrates our commitment to creating and maintaining a child safe and child-friendly organisation. It informs our community of everyone’s obligations to act safely and appropriately towards children and guides our processes and practices for the safety and wellbeing of children across all areas of our work.

Early Learning Victoria is committed to complying with National Principles for Child Safe Organisations(opens in a new window) and the Victorian Child Safe Standards. These 11 standards are for organisations and services providing education and care for children.

Early Learning Victoria is committed to providing an environment where children are safe and feel safe. We commit to:

ensuring that Aboriginal and Torres Strait Islander children are culturally safe and involved in decisions that affect them
ensuring children, families, staff and communities feel safe to speak up about child safety
listening to and supporting children and their families to understand their rights and have a say in decisions that affect them
listening to and learning from children who attend Early Learning Victoria centres and have contact with Early Learning Victoria staff
providing a safe and welcoming environment for all children, including Aboriginal and Torres Strait Islander children, children from all cultural and religious backgrounds, children with disability, children who are living in out-of-home care and LGBTIQA+ families
hiring suitable educators to work with children and ensuring that they are properly screened, including passing police checks and the Working with Children Check, and where relevant, holding Victorian Institute of Teaching (VIT) registration
training and supporting our educators to provide a child safe environment
treating suspicions, allegations, disclosures and incidents of child abuse (including grooming) with concern and notifying authorities if required by law or by our policies and procedures
providing support to children and families who have experienced abuse in the past
aligning responses to children at risk of family violence with Victoria’s legislated Family Violence Multi-Agency Risk Assessment and Management Framework (the MARAM Framework)
preventing abuse of, or harm to, children by identifying risks and taking steps to reduce or remove risks in physical and online environments. We do this while considering a child’s right to privacy, access to information, social connections and learning opportunities.

2.1 Requirements

Early Learning Victoria staff play a vital role in protecting children from harm and are well-placed to observe signs or behaviours that may indicate child abuse. Early Learning Victoria staff must follow the Four Critical Actions for early childhood if they:

witness an incident
receive a disclosure
form a reasonable belief that a child has been abused or is at risk of being abused.

Key schemes, policies, acts, laws and regulations that aim to protect children from the risk of harm, abuse and neglect are outlined below.

Child Safe Standards

The Child Safe Standards (CSS) require all organisations that deliver services to children to have policies, procedures and practices to keep children safe. For more information about how Early Learning Victoria meets CCS, refer to the Protecting children policy and the Child and family violence information sharing policy.

Mandatory reporting

Early childhood educators are mandatory reporters. A mandatory reporter must report to Child Protection as soon as practicable if, in the course of practising their profession or carrying out their duties (including observing other Early Learning Victoria staff), they form a belief on reasonable grounds that:

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

It may be a criminal offence not to report under these circumstances.

Reportable Conduct

The Reportable Conduct Scheme requires Early Learning Victoria to notify the Commission for Children and Young People (CCYP) and the Regulatory Authority of alleged abuse by staff or volunteers.

There are five categories of Reportable Conduct:

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

All Early Learning Victoria staff must report all allegations of Reportable Conduct made against their staff and volunteers.

Duty of care

Duty of care is a legal obligation to avoid acts or omissions that could foreseeably harm another person. In relation to child abuse, this may include (but is not limited to):

acting on concerns and suspicions of abuse as soon as practicable
seeking appropriate advice or consulting with other professionals or agencies
reporting the suspected child abuse to appropriate authorities such as Victoria Police and Child Protection
arranging counselling and/or other appropriate welfare support for the child
providing ongoing support to the child
sharing information with other Early Learning Victoria staff who will also be responsible for providing ongoing support to the child.

Child information sharing and privacy

There are 3 interrelated information sharing schemes and frameworks that allow professionals working with children to share information to:

promote the wellbeing or safety of children
facilitate assessment and management of family violence risk to children and adults.

They are:

Child Information Sharing Scheme (CISS)
Family Violence Information Sharing Scheme (the scheme)
Multi-Agency Risk Assessment and Management Framework (MARAM).

For more information, see the Child information sharing policy.

Record-keeping requirements

Records documenting the reporting and investigation of child sexual abuse incidents, allegations and disclosures, including those not proven, must be retained for 99 years after the action is completed.

Early Learning Victoria centre staff and Early Learning Victoria management must not dispose of or destroy records relating to child sexual abuse incidents, allegations and disclosures without first consulting with the Knowledge, Privacy and Records Division of the Department of Education (the department).

3. Actions and procedures

3.1 Responsibilities of families

Families should act if they are concerned that any organisation, including Early Learning Victoria, is not keeping their child or other children safe.

Families are encouraged to:

talk to their centre director or Early Learning Victoria management to discuss their concerns and what may be the next course of action
call the Regulatory Authority on 1300 307 415, contact Child Protection or the Commission for Children and Young People if Early Learning Victoria does not address their concerns.

3.2 Responsibilities of staff

All Early Learning Victoria staff and the approved provider must comply with the following 11 Child Safe Standards. Staff are required to acknowledge Early Learning Victoria’s commitment to each standard and implement each standard as specified. Early Learning Victoria central office staff will be mentoring and coaching nominated supervisors and centre staff on the implementation of Child Safe Standards in practice.

Early Learning Victoria respects and values the diverse and unique identities and experiences of Aboriginal and Torres Strait Islander children and families. Early Learning Victoria will ensure that educators acknowledge and celebrate the strengths of Aboriginal and Torres Strait Islander culture and its importance to the wellbeing and safety of Aboriginal and Torres Strait Islander children and families.
Early Learning Victoria supports self-determination for Aboriginal and Torres Strait Islander children and families and will work to ensure that Aboriginal and Torres Strait Islander children are safe and are supported to thrive in their cultural identities.
To achieve this, we:
- make Aboriginal cultural safety a priority in the formation of Reconciliation and develop an action plan
- partner with local Aboriginal communities and their Elders to develop place-based knowledge and understanding
- work with our stakeholders, including the Victorian Aboriginal Child and Community Agency and/or Victorian Aboriginal Education Association Inc. (VAEAI), to establish culturally safe environments
- work to strengthen Aboriginal inclusion, self-determination and cultural safety
- continue to work with VAEAI on supporting Aboriginal people to become early childhood teachers and educators
- draw on the expertise of dedicated teams in the department, such as the Koorie Outcomes Division and local Koorie Engagement Support Officers, as well as external partners, such as VAEAI Early Years Unit.
- provide professional learning opportunities for staff and educators on Aboriginal cultural safety, and anti-racism empowerment training
- take a zero-tolerance approach to racism and deal with inappropriate behaviour as required.
Early Learning Victoria prioritises child safety and wellbeing in its leadership, culture and governance.
To achieve this, we:
- publicise our commitment to child safety and wellbeing by publishing the Child Safety and Wellbeing Policy on our website
- address behaviour that can lead to bullying, harassment and intimidation through the Staff Code of Conduct Policy and Victorian Public Sector Code of Conduct
- ensure Early Learning Victoria actively considers its approach to child safety via the Early Learning Victoria leadership team and appropriate governance forums of the department
- assess and monitor child safety risks across Early Learning Victoria and continuously improve risk management strategies that focus on preventing, identifying and mitigating risks to children and young people
- ensure Early Learning Victoria staff, contractors and visitors understand their obligations on information sharing and record-keeping in relation to child safety
- work with the Commission for Children and Young People on the safety, health and wellbeing of children in Early Learning Victoria centres.
Early Learning Victoria recognises the importance of empowering children and strengthening their confidence, so they feel respected and have a say in decisions that affect them. We recognise the need to be responsive to the views of children and their families.
To achieve this, we:
- talk about child safety with the children who attend Early Learning Victoria centres in a way that is appropriate to their age and stage of development. Child safety discussions include body safety, empowering children to use their voice and involve them in decisions impacting the child
- consult and utilise expertise of organisations representing children and health and wellbeing affecting children such as Early Childhood Australia (ECA), Community Child Care Association (CCCA), Early Learning Australia (ELAA), Beyond Blue - Be You Program and Gowrie Victoria
- provide educational programs that support children to develop positive, respectful and reciprocal relationships with peers and educators
- ensure educators seek, listen to and act on the voices of children
- ensure educators follow inclusive practices, working in partnership with families to understand and value all cultural identities.
Early Learning Victoria recognises the importance of partnerships with families to support better outcomes for children and promote children’s safety, health and wellbeing.
To achieve strong partnerships and family engagement, we:
- clearly display to families Early Learning Victoria’s commitment to child safety, including on the Early Learning Victoria website
- consult with families and communities when developing our policies or programs
- create opportunities for families to be actively involved in decision-making processes that affect their child
- create opportunities for children, families and communities to give feedback about providing safe environments for children.
Early Learning Victoria works to create environments that recognise the individual cultural and religious needs of all children. Early Learning Victoria aims to provide a safe and welcoming environment for all children, including Aboriginal and Torres Strait Islander children, children from all cultural and religious backgrounds, children with disability, children who are living in out-of-home care and LGBTIQA+ families.
To achieve this, we:
- commit to the department’s Cultural Diversity Plan, to better meet the needs of families, and children from culturally and linguistically diverse backgrounds, particularly refugees
- provide guidance and resources to support Early Learning Victoria educators to work with families to meet their child’s individual needs
- provide our staff and educators with training on equity and anti-bias approaches to early childhood education and care
- act to stop racism, discrimination and exclusion in Early Learning Victoria
- commit to ensuring children’s learning environments are inclusive of children of all abilities.
Early Learning Victoria is committed to hiring suitable people to work with children. We emphasise child safety in our policies. We support our staff and volunteers to be child safe in their work.
To achieve this, we:
- require staff to uphold the Staff code of conduct policy
- document our commitment to child safety in position descriptions for roles that involve child-related work
- employ educators with suitable and approved qualifications and experience
- conduct pre-employment screening, including questions about child safety in interviews, reference checks and police checks for child-related positions
- require that all educators, volunteers and students hold a valid Working with Children Check or, if applicable, Victorian Institute of Teaching (VIT) registration
- require that educators complete training on reportable conduct, mandatory reporting obligations and child information sharing
- provide information and resources for educators about the Child Safe Standards and how to manage feedback from children.
Early Learning Victoria ensures all educators, staff, families and children feel confident about reporting child abuse, family violence and other child safety concerns. We are committed to making our complaint system easy to access, responsive and focused on children and families.
To achieve this, we:
- provide children with developmentally appropriate, accessible, culturally safe and easily understood books and information on body safety and protective behaviours
- require that staff treat suspicions, allegations, disclosures and incidents of child abuse (including grooming) with concern and notify authorities where required by law and as stipulated in our policies and procedures
- ensure educators and nominated supervisors can confidentially report misconduct through Early Learning Victoria management
- document all complaints and contact Early Learning Victoria’s central office management
- provide information and/or training for educators and nominated supervisors about how to respond to disclosures, allegations and concerns
- notify the appropriate authorities of alleged or suspected child abuse or harm, in accordance with the law and the Protecting children policy for responding to disclosures, allegations and concerns
- offer support to all those affected by a child safety incident, including children, families and those who made the report.
We are committed to ensuring our educators have up-to-date knowledge and skills to keep children safe.
To achieve this, we:
- require that educators complete training on reportable conduct, mandatory reporting obligations and child information sharing
- provide training and resources on Victoria’s legislated family violence framework (the MARAM framework) to help relevant staff identify and respond to family violence and contribute to family violence risk assessment and management
- provide information to all educators about the Child Safe Standards, and also provide them with the Child safety and wellbeing policy and the Protecting children policy
- support educators through critical reflection, wellbeing programs and ongoing learning opportunities.
Early Learning Victoria promotes child safety and wellbeing in its physical and online environments.
To achieve this, we:
- assess child safety risks across the organisation and develop risk management strategies and plans that focus on preventing, identifying and mitigating physical and online risks to children
- support children to engage with digital and online technology in a safe and responsible way, as outlined in the Educational program policy and Early Childhood Australia’s Statement on young children and digital technologies.
This policy describes Early Learning Victoria’s approach to child safety and wellbeing and our expectations of staff, educators and nominated supervisors.
As a large organisation with many functions and services, we document our child safety policies and procedures, drawing on research, best practice and feedback from regulatory and integrity bodies, other government departments, stakeholders and the community.

4. Resources

Legislation and standards

Relevant legislation and standards include:

Child Wellbeing and Safety Act 2005
Child Wellbeing and Safety Regulations 2017
Commission for Children and Young People Act 2012
Charter of Human Rights and Responsibilities Act 2006
Victorian Child Safe Standards (updated 1 July 2022)
Privacy and Data Protection Act 2014
Privacy Act 1988
Disability Act 2006
Education and Care Services National Law Act 2010
Education and Care Services National Regulations 2011

Staff code of conduct policy
Protecting children policy
Child and family violence information sharing policy
Anti-bias approach policy
Educational program policy
Records management policy

Definitions

Child: A person under 18 years of age.

Child abuse: Refers to an act or omission by an adult that endangers or impairs a child’s physical and/or emotional health or development. Child abuse can be a single incident but often takes place over time. ‘Abuse’, ‘neglect’ and ‘maltreatment’ (refer to definitions below) are generic terms used to describe situations in which a child may need protection. Child abuse includes any of the following:

Physical abuse: When a child suffers or is likely to suffer significant harm from an injury inflicted by a parent, guardian, caregiver or other adult. The injury may be inflicted intentionally or be the consequence of physical punishment or the physically aggressive treatment of a child. Physical injury and significant harm to a child can also result from neglect by a parent, guardian, caregiver or other adult. The injury may take the form of bruises, cuts, burns, fractures, poisoning, internal injuries, shaking injuries or strangulation.
Sexual abuse: When a person uses power or authority over a child, or inducements such as money or special attention, to involve the child in sexual activity. It includes a wide range of sexual behaviour, from inappropriate touching or fondling of a child or exposing a child to pornography, to having sex with a child or grooming with the intent of committing child sexual abuse.
Emotional and psychological abuse: When a child’s parent or caregiver repeatedly rejects the child or uses threats to frighten the child. This may involve name-calling or put downs to the extent that it significantly damages the child’s physical, social, intellectual or emotional development.
Neglect: The failure to provide a child with the basic necessities of life, such as food, clothing, shelter, medical attention or supervision, to the extent that the child’s health and development is, or is likely to be, significantly harmed.
Family violence: When children and young people witness or experience the chronic, repeated domination, coercion, intimidation or victimisation of one person by another through physical, sexual or emotional means within intimate relationships. Witnessing episodes of violence between people they love can affect young children as much as if they were the victims of the violence. Children who witness regular acts of violence have greater emotional and behavioural problems than other children.

Child Safe Standards: The Child Safe Standards are compulsory minimum standards for all organisations that provide services to children. Their aim is to ensure organisations are well prepared to protect children from abuse and neglect.

Code of conduct: A set of rules or practices that establish a standard of behaviour to be followed by individuals and organisations. A code of conduct defines how people should behave towards each other and towards other organisations and people in the community (see Code of conduct policy).

Commission for Children and Young People: Responsible for administering the Reportable Conduct Scheme. This includes:

supporting and guiding organisations that receive allegations to promote fair, effective, timely and appropriate responses
independently overseeing, monitoring and, where appropriate, making recommendations to improve the responses of those organisations.

The commission can share information where appropriate, including with the Working with Children Check Unit, relevant regulators and Victoria Police, to better prevent and protect children from abuse.

Contractor: A person or company that undertakes a contract to provide materials or labour to perform a service or do a job. Examples include a photographer, a tradesperson or people contracted to provide an incursion.

Disclosure: In the context of this policy, this refers to a statement that a child or young person makes to another person that describes or reveals abuse.

Duty of care: A legal concept that refers to the responsibility of all staff members within any Victorian early childhood service to take reasonable steps to protect children in their care from harm that is foreseeable.

Maltreatment: Refers to physical and/or emotional mistreatment, and/or lack of care of a child. Examples include sexual abuse, the witnessing of family violence and any non-accidental injury to a child.

Mandatory reporting: The legal obligation of certain professionals and community members to report when they believe, on reasonable grounds, that a child needs protection from harm.

A broad range of professional groups are identified in the Children, Youth and Families Act 2005 as ‘mandatory reporters.’ From 30 September 2015, this list includes VIT-registered early childhood teachers. Mandated reporters must make a report to Victoria Police and/or Child Protection as soon as practicable if, during acting 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 and/or sexual abuse and
the child’s parents/guardians have not protected, or are unlikely to protect, the child from harm of that type.

Mandatory reporters must also follow processes for responding to incidents, disclosures or suspicions of child abuse to fulfil all their legal obligations.

Orange Door: The Orange Door provides help for people experiencing family violence or who need support with the care and wellbeing of children and young people. The Orange Door can serve as an entry point into the broader support system.

Reasonable belief/reasonable grounds: A person may form a belief on reasonable grounds that a child or young person needs protection after becoming aware that the child or young person’s safety, health or wellbeing is at risk and the child’s parents or guardians are unwilling or unable to protect them. There may be reasonable grounds for forming such a belief if:

a child or young person states that they have been physically or sexually abused
a child or young person states that they know someone who has been physically or sexually abused (sometimes the child may be referring to themselves)
someone who knows the child or young person states that the child or young person has been physically or sexually abused
a child shows signs of being physically or sexually abused
the person is aware of persistent family violence or parental substance misuse, psychiatric illness or intellectual disability or other factors that are impacting the child or young person’s safety, stability or development
the person observes signs or indicators of abuse, including non-accidental or unexplained injury, persistent neglect, poor care or lack of appropriate supervision
a child’s or young person’s actions or behaviour may place them at risk of significant harm and the parents or guardians are unwilling or unable to protect the child.

Education

Updated 17 January 2025

On this page

1. Scope

2. Policy statement

2.1 Requirements

Child Safe Standards

Mandatory reporting

Reportable Conduct

Duty of care

Child information sharing and privacy

Record-keeping requirements

3. Actions and procedures

3.1 Responsibilities of families

3.2 Responsibilities of staff

4. Resources

Legislation and standards

Links

Definitions

Child safety and wellbeing policy

On this page

1. Scope

2. Policy statement

2.1 Requirements

Child Safe Standards

Mandatory reporting

Reportable Conduct

Duty of care

Child information sharing and privacy

Record-keeping requirements

3. Actions and procedures

3.1 Responsibilities of families

3.2 Responsibilities of staff

4. Resources

Legislation and standards

Related policies

Links

Definitions