What To Do When Faced With Allegations of Child Sexual Abuse

Vince Scopelliti - Wednesday, August 22, 2018

In the event of an allegation of child sexual abuse in the workplace, it is essential that immediate steps are taken to ensure the safety of any child allegedly involved. 

Following from this crucial first response, mandatory reports need to be made to the relevant statutory child protection authorities and subject to any police investigation, the allegations must be objectively investigated. The investigation report must be provided to the appropriate authority. 

As a society, we are beginning to understand the true nature and extent of child sexual abuse, including the insidious manner in which this crime can take place. Employers must be swift to report where required, providing all necessary support to various parties throughout the course of the investigative process. 

If in doubt, reporting child abuse allegations to the Police is preferable to inaction.

preying on vulnerability

Child sexual abuse by its very nature is a violation of trust, relying as it does upon the vulnerability of minors. As well as involving criminal physical and sexual acts, emotional abuse 'grooming' and 'crossing boundaries' are now recognised as being part of the matrix of child sexual abuse. 

For example, in an educational setting or community group, crossing boundaries and grooming can involve subtle favouritism from the employee towards one or more children. This can develop into a falsely 'special' connection that can ultimately lead to more tangible forms of abuse. 

For employers, protection against child sexual abuse by employers will require knowing the warning signs of inappropriate relationships and acting swiftly where needed.

Employers' responsibility to report

If an allegation of child sexual abuse arises in the workplace, the first priority for the employer is to secure the safety and welfare of the child/ren allegedly involved. This holds true even if the allegation is speculative or based upon unverified reports. 

Some employers will have mandatory reporting requirements dictated by legislation, which will require the reporting of any activity causing or likely to cause harm to a child as soon as is reasonably practicable in the circumstances. 

Above all, employers who become aware of possible child sexual abuse in the workplace must not delay reporting until a finding has been made. A report needs to be made as soon as the employer becomes aware of the allegation. 

Further, while strong policies around the reporting of child sexual abuse will guide timely and appropriate action, a failure to act cannot be blamed upon the lack of such resources.

Across australia - reporting child sexual abuse

As a nation - and particularly since Australians have become more aware of our institutional failures - we have learned to better protect and support children who are subject to child sexual abuse. 

If an allegation of child sexual abuse arises in connection with employment, there will be subtle differences between the Australian States and Territories regarding the form that a report should take. 

A summary report by the Australian Institute of Family Studies (AIFS) demonstrates that while there are some differences in the size and quantity of State and Territory legislation protecting children, the overall structure is similar - a Child Protection (or similarly named) Act, plus in many cases statutory reporting requirements to a statutory child protection department and/or Ombudsman, or similar body. 

Regardless of which jurisdiction an employer operates in, it is important to remember that procedural fairness must be provided throughout the entire process from allegation through to investigation and reporting. 

internal or external investigation? 

An allegation of child sexual abuse in the workplace will ordinarily be followed by practical steps to ensure the immediate safety and welfare of the child involved. 

Following this, the person or persons alleged to have carried out the abuse need to be informed of the allegation and advised of the next steps to be taken. 

Depending upon the severity of the alleged conduct, a period of immediate leave might be provided. It is vital to ensure that the person accused is given all necessary information about the process. This will include giving an initial outline of the allegation, the nature of reporting requirements and the type of investigation to be undertaken. 

Whether an investigation should be carried out internally or externally is a vital question for employers to consider. In such sensitive cases as child sexual abuse allegations, an internal investigator would need to be knowledgeable and experienced in all facets of objective and fair workplace investigations, be familiar with Child Protection Legislation and be experienced at interviewing children. If a workplace exhibits turmoil and division regarding the allegation, or expertise is simply not available in-house, then it might be best to source external assistance in conducting the investigation. 

When allegations of abuse arise the primary focus must be the safety, welfare and wellbeing of any child who may have been involved in the alleged conduct - or who may be at risk of harm due to contact with that employee. 

If you work with children and want to ensure your practices are current, WISE provides training services, including investigating abuse in care. Alternatively, if you have an allegation of abuse, and are unsure what to do, contact WISE today! 

Guarding the Vulnerable: Reporting Obligations in Focus

Vince Scopelliti - Wednesday, July 25, 2018

With the conclusion of the Royal Commission into Institutional Responses to Child Sexual Abuse, Australian organisations are now on notice in relation to their ongoing child protection reporting obligations.

Mandatory reporting of particular conduct or convictions is a strong means of ensuring that those who care for the most vulnerable in our community, do not slip through the regulatory net.

We examine the nature and extent of these obligations, as an ongoing reminder of the importance of safeguarding children and other vulnerable individuals within organisational contexts.

Different states, different rules 

One of the difficulties that has hampered a national response to child abuse and neglect is that due to Australia being a federation of States, there can be slight differences in the reporting requirements between State jurisdictions. This leads to the possibility of uneven treatment between organisations that are mandated to report alleged child abuse.

As a result, employers should be vigilant in adhering to the reporting obligations applicable to all organisational operations, both between and across State lines. Effectively identifying and reporting the types of behaviour that require mandatory notification is an ongoing challenge across Australia - but certainly a battle that is worth continuing, considering what is at stake.

This article focuses on reporting obligations in NSW. 

Reportable conduct

Under s 25A of the NSW Ombudsman Act 1974, the nature of reportable conduct is clearly set out. Alleged conduct by an employee or prescribed volunteer that involves child sexual assault or misconduct, child abuse and/or neglect must be reported to the Ombudsman as soon as practicable by all agencies covered by the Act.

An employer's knowledge of an employee's prior conviction for reportable conduct must also be brought to the notice of the Ombudsman. Less well-known conduct such as grooming and crossing boundaries by an assailant are also covered, and employers should take care to understand the breadth of the behaviours in question.

Mandatory reporting

Under the legislation, it is mandatory for employers within three organisational types to report any alleged notifiable conduct.

These organisations are defined in the Act as designated government agencies, all other public authorities, and designated non-government agencies (such as schools, childcare centres, out-of-school-hours services and agencies providing substitute residential care).

The latter group provides examples only, and employers should examine closely whether their organisation is, in all likelihood, an entity that falls under this third grouping. Businesses or agencies who are uncertain about their reporting obligations should seek immediate professional advice regarding their status under the Act.

when do obligations arise

It is not necessary for employers to have firm evidence about notifiable conduct prior to contacting the Ombudsman. Any allegation of reportable conduct should be notified as soon as the information comes to hand. Waiting until a clearer picture or more facts can be established before reporting is not advised. There is much more risk in 'waiting it out' than there is in making a premature notification: the safety and wellbeing of children must of course be placed front-and-centre in all deliberations by employers.

Who to report to?

The Ombudsman provides information and reporting advice for NSW employers in relation to mandatory notification of alleged child abuse. If any doubt remains at all in specific circumstances, it is essential that employers seek advice on the extent and nature of their obligations. For those employees who are not at the higher rungs of an organisation, it can certainly be difficult to ascertain who to tell if child abuse or neglect is suspected. Depending upon the circumstances, involvement of Police or the Office of the Children's Guardian might be necessary alongside those mechanisms mandated by the Ombudsman.

internal processes

It is not always the case that business owners or senior management will be aware of child-related reportable conduct that requires immediate notification. For this reason, it is essential that appropriate procedures are put in place to ensure that all employees are aware of mandatory reporting obligations.

Training on the practical requirements for reporting an employee or volunteer should be regularly provided and updated. Child safety is necessarily an organisation-wide issue and time can be essential if an individual finds themselves in a situation where abuse is suspected.

WISE provides Investigating Abuse in Care training which is specifically developed for organisations dealing with vulnerable clients. This is designed to meet the needs of investigators of child abuse in line with the recommendations of the Royal Commission into Institutional Response to Child Sexual Abuse. Alternatively, we are highly experienced at investigating reportable conduct matters, through our investigation services.


Grooming, or an Error in Judgment?

Vince Scopelliti - Wednesday, October 18, 2017

No employer likes to think that one of their staff members might deal inappropriately with a client, or even could possibly commit a criminal act. But all employers need to be aware of the potential for professional boundaries to be crossed in these ways. This is particularly important for organisations that work directly with vulnerable members of society, including children, the elderly, and the disabled 

We take a look at when certain behaviours might be deemed to be significant errors of judgment, or in the worst-case scenario, grooming.

The definitions 

In NSW, the Child Protection (Working with Children) Act 2012 sets out the requirements for people who work with children. It defines misconduct involving children to include the action of 'grooming'. 

Similarly, Section 25A (1) of the Ombudsman Act 1974 (NSW) considers 'reportable conduct' to include: 

  • Any sexual offence or misconduct committed against, with or in the presence of a child, including child pornography. Grooming, sexually explicit comments and other overtly sexual behaviour, as well as crossing professional boundaries are included in the definition of sexual misconduct. 
  • Any assault, ill-treatment or neglect of a child.
  • Any behaviour, which causes psychological harm to a child, even if the child agreed to that behaviour. 

In NSW, the offence of grooming is set out in Section 66EB of the Crimes Act 1900. It is defined as behaviour by an adult who exposes a child to indecent material or provides a child with an intoxicating substance with the intention of making it easier to procure the child for unlawful sexual activity. 

A child is defined as being under the age of 16, however the maximum penalty for the offence of grooming is higher (up to 12 years), if the child is under 14. This is very similar to the definition contained in the Commonwealth Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010

By contrast, in Victoria the Crimes Amendment (Grooming) Act 2014 defines grooming as 'predatory conduct' engaged in to prepare a child for participation in sexual activity at a later time. What is relevant in Victoria is the intention in the interaction. 

For example, even if nothing sexual is ever explicitly discussed or implied, shown or raised, the conduct can still be considered 'grooming' if the person befriends a child or their parent with the intended, hidden purpose of later pursuing sexual activity. 

grooming children - examples of common behaviours

Specific instances of grooming are likely to differ depending on the circumstances, but examples could include:

  • Creating a belief in a child or group of children that they are in a special relationship with the 'groomer', whether by participating in particularly adult conversation or providing 'special' gifts or activities. 
  • Permitting testing of boundaries, such as engaging in adult or inappropriate behaviours, including jokes, sexual displays or nudity in front of a child. 
  • Establishing an inappropriate relationship outside of work, including inappropriate or excessive text, email or social media contact, or developing unnecessary and close friendships with family members. 
  • Targeting children who are particularly vulnerable due to disability, history of trauma or previous emotional, physical or sexual abuse.  

a case in point

A recent decision of the Victorian County Court highlights some of the difficulties in determining whether behaviour constitutes grooming, or simply a person creating a bond because they want to help out a vulnerable child. 

In this case, reported by The Age, a troubled student was mentored by a teacher in his mid-20's There was never any sexual contact between them, but the teacher provided numerous gifts and engaged in regular excursions with the pre-teen boy, eventually turning into 'sleepovers'.

The accounts of the boy suggest that the sleepovers included physical contact and sexual discussion, which was completely denied by the teacher. Although the teacher was ultimately acquitted of charges, his life and livelihood were destroyed.  

gROOMING THE ELDERLY - FINANCIAL ABUSE

Another, less well-known example of grooming involves a specific type of behaviour, by carers or medical staff, towards elderly patients. These actions are designed to foster unnaturally close relationships between the caregiver and the client, with the intention of obtaining financial gain. This could occur through:

  • Traditional theft, such as taking money or items from a client's room.
  • Misusing financial information, such as PIN numbers or cheque books, to take out unauthorised funds. 
  • In extreme cases, procuring powers of attorney, or ensuring inclusion into wills in order to obtain a significant portion or the entirety of a financial estate. 

THE DIFFERENCE BETWEEN GROOMING AND AN ERROR IN JUDGMENT

A finding that behaviour constitutes grooming, as opposed to a simple error of judgment, is likely to depend on the intention and the degree of the wrongdoing. Circumstances, which could contribute towards a finding of grooming include:

  • Whether an action is a 'once off' or a repeated pattern. For example, one ill-considered movie outing between a teacher and a student, or a series of meetings outside school hours. 
  • Whether there is any ulterior motive, particularly a sexual one, or if a decision was simply made rashly.
  • Whether the person in a position of authority intentionally pursued or sought out a relationship with the vulnerable person. 
  • Whether there may be a reasonable alternative explanation for the behaviour.
  • Whether there was a request/coercion for the vulnerable person to keep any aspect of the relationship secret.
  • Whether there was repeated conduct despite previous warnings from supervisors/managers. 

why codes of conduct are important

If your organisation works with vulnerable persons such as children, specific Codes of Conduct, which set out the professional boundaries expected between staff and clients, and the consequences for any breach of these, can be very useful. 

If you require assistance drafting a Code of Conduct, which meets all of your organisation's needs, or have received a complaint that professional boundaries may have been crossed in your workplace and need to undertake a workplace investigation, contact WISE Workplace. We offer full or supported investigation services and can also assist with investigation training, awareness training.

Professional Distance and Conflict of Interest at Work

Vince Scopelliti - Wednesday, September 20, 2017

During the seventies and eighties, organisations started to realise that the improper use of power and authority and undeclared and/or ineffectively managed conflicts of interest, posed a significant risk to their integrity and public trust. 

The requirement for ethical business dealings focuses the spotlight on conflicts of interests and the factors involved in creating the perception of conflicts of interest in the workplace. 

It can be difficult to maintain a suitable professional distance with colleagues, subordinates and suppliers, particularly if a significant friendships have been formed outside the workplace. There is an increased risk when managers, employees and co-workers communicate on social media. Employers must also be vigilant about the risks of inappropriate levels of professional distance with clients or colleagues, especially in circumstances where such behaviour may lead to, or can be perceived as, grooming of vulnerable persons. 

When it comes to conflicts of interest, it is best to completely avoid any behaviour, which may result in the creation of a real or perceived conflict of interest. For this reason, many professions address this specifically in their Codes of Conduct or may draft specific conflict of interest policies, which set out expected and appropriate standards of behaviour. 

In our planned six-part series we'll unpack the key elements of professional distance and conflict of interest, from maintaining professional boundaries to determining the difference between a lapse of judgement and grooming. 

breaching professional boundaries   

According to Dr. Anna Corbo Crehan, from the Centre for Applied Philosophy and Public Ethics at the University of Melbourne, questions of professional distance occur when two or more people involved in a professional relationship also have an additional relationship, such as one based on love, attraction, friendship or family. "So then, professional distance is the space a professional must keep between their professional relationship with another, and any other relationship they have with that person. By keeping this space, a professional can fulfil their professional and personal obligations, and be seen to do so, in a way that is impartial and/or non-exploitative in regard to the other in the relationship", she says. 

Breaching professional boundaries can also refer to the failure to manage conflicts of interest. A particularly close relationship between co-workers, especially those involving persons in a position of authority, may create the perception (whether real or imagined) of inappropriate work-related benefits or advantages being bestowed on a close associate because of the friendship. 

The most common types of conflict of interest are financial, such as where a monetary advantage is bestowed or a financial saving made, and personal, where a clear benefit is provided to the recipient such as a promotion or an opportunity for advancement or training and development. 

The best way to avoid perceived conflicts of interest is by maintaining clear professional boundaries, especially by those in a position of power, such as employers, supervisors, managers, or instructors. In extreme circumstances it may be prudent to completely avoid forming any relationships with colleagues outside of work.

codes of conduct and different professions 

Many professions abide by specific Codes of Conduct, which set out and govern acceptable standards of behaviour in their specific industry and provide comprehensive guidelines as to what is considered appropriately maintained levels of professional distance in that industry. 

For example, an inappropriate level of closeness may mean one thing in the context of a school teacher, and another thing in the context of a physical therapist. Professions such as nursing, teaching and social work need to have an additional emphasis on protecting vulnerable persons (such as children, the elderly, the disabled, of the mentally ill) from unscrupulous persons of the effects of inappropriately close relationships. 

In other professions, such as aged care or legal services, it is vital that professional distance is maintained to avoid any perception (whether actual or imagined) of financial abuse and conflicts of interest, when a client confers excessive financial benefits on the service provider. 

One recent example of a breach of an industry specific Code of Conduct involved a police officer who sold confidential information and provided accident locations to a tow truck driver, who gained a financial advantage from arriving on the scene ahead of competitors. 

On many occasions, a failure to maintain an appropriate professional distance occurs inadvertently or without any intentional wrongdoing. While it is beneficial for colleagues to develop good relationships with their co-workers, it is important for all employees to be able to maintain a perception of professional distance so that it does not appear as though they are incapable of making impartial business related decisions. 

professional distance and social media 

In the modern workplace, social media has become a virtually omnipresent phenomenon. With the advent of many different types of social media platforms, including LinkedIn and Facebook, there are many opportunities for workers to remain connected. 

Most employers recognise that social media is a platform that is both complimentary to, and additional to, other methods of communication and engagement used by them. Most employers also understand the beneficial networking functions of social media, particularly in the case of LinkedIn, however there is a far greater risk of boundaries being crossed or lines being blurred when communicating through social media. 

There can be particular difficulties in utilising social media when dealing with vulnerable people such as students, the disabled or persons with mental health issues. As a general rule, it is inappropriate for work colleagues or employers to share overly personal information or material on social media. Most workplaces have a clearly set-out social media policy. It is important that employees are made aware of its contents and application and are encouraged to use social media in a responsible, reasonable and ethical manner, in accordance with the employer's Code of Conduct. 

Broadly, if content is critical of a colleague, affects his/her reputation, is personal, hurtful, potentially embarrassing to a co-worker, or otherwise inappropriate, it could easily breach the requirements of professional distance.   

determining grooming, or an error of judgement. 

An important aspect of maintaining professional distance involves taking steps to avoid situations where it could be perceived that 'grooming' is taking place. This is essential not just in the context of children, but other people who are deemed to be vulnerable, including the elderly, those with disabilities, or those involved in situations where there is a power imbalance. 

The act of grooming is a criminal offence in many Australian states. It is a term which generally refers to deliberate and sustained contact with a vulnerable person in order to obtain their trust and prepare them to participate in the groomer's intended purpose, which may be sexually, financially or otherwise motivated. 

As a responsible employer, if somebody reports concerns about potential grooming, or you observe the possibility of such behaviour occurring, it is important that a workplace investigation is conducted to determine whether the contact is in fact grooming, or merely represents a lapse in judgement.

Dealing with a breach of boundaries 

The best litmus test when assessing appropriate levels of professional distance between managers and employees, between co-workers or between employees and clients, is whether there could, in the view of a reasonable person, be a perception of inappropriate behaviour, conflict of interest, favouritism, nepotism, or even grooming. 

If there is any possibility that such assumptions could be made, then it is likely that professional boundaries are being crossed. 

If you have doubts regarding a potential conflict of interest or breach of professional distance, then it is best to get an impartial third party to investigate. Our services include full and supported workplace investigations and training. Contact WISE Workplace today to find out how we can best be of assistance.

ACT Launches Reportable Conduct Scheme

Harriet Witchell - Wednesday, June 07, 2017

If there's one thing that's been made clear from the recent Royal Commission, it's that the protection of children and the reporting procedures around child abuse need to be improved. 

In August 2016, largely in response to the commission, the ACT Government passed legislation designed to cast a 'wider net' when it comes to the scrutiny of child abuse and the protection of children within certain organisations.

The ACT Reportable Conduct Scheme will take effect from July 1 2017. The scheme is designed to ensure that there are processes in place for allegations of employee abuse of children, and that these allegations are independently reviewed. 

In essence, it provides a mechanism for employers to report employee misconduct in relation to children, with the ACT Ombudsman acting in the role of independent oversight body.   

WHICH EMPLOYERS DOES THIS APPLY TO?

Certain types of employers that work with children will be covered under the scheme, including health service providers, foster care and out-of-home services, residential care providers, schools and educational services. 

In general, religious organisations (other than schools), instructional services (such as teachers of sports and music), scouts/guides and universities will not be included under the scheme. 

The term 'employee' in this instance refers not only to workers but also to contractors and volunteers within the relevant organisation, whether or not they work directly with children. This means conduct may be reported even if it is of a personal and non-professional nature.  

WHAT ABOUT OTHER REPORTING PROCESSES? 

It's important to be aware that the scheme will not override other reporting obligations - such as that of suspected crime to the police, or mandatory reporting of serious abuse or neglect of children to the Child and Youth Protection Services (CYPS). However, it does cover a wider range of behaviours in relation to children, and also provides a mechanism for employers to report conduct not covered under other mandatory reporting programs. 

WHAT EMPLOYERS NEED TO DO

ACT employers covered by the scheme will need to notify the Ombudsman within 30 days of suspected or actual misconduct by an employee in relation to children. These acts of misconduct include neglect, mistreatment, psychological harm, sexual misconduct or inappropriate discipline. 

Employers will also need to:  

  • Perform investigations into alleged reportable conduct and provide a written report to the Ombudsman. 
  • Report to other bodies as required - including the police, the human rights commission, CYPS and others. 
  • Review and amend their organisational policies and procedures where necessary.
  • Inform and educate employees regarding any new or amended policies and responsibilities. 

THE OMBUDSMAN'S ROLE

The scheme is designed to go beyond just reporting misconduct. For instance, the Ombudsman's role in regard to this is also to monitor and analyse trends, share information with other authorities as required, provide guidance to organisations regarding child protection, and monitor the practices of employers in relation to child safety and prevention of abuse.

WHERE TO FROM HERE?

WISE Workplace provides independent investigation services for organisations into reportable conduct, and training on how to respond and investigate allegations. 

Child Sexual Exploitation & Trafficking Conference Insights

Harriet Witchell - Wednesday, May 10, 2017

A wrap-up of the Children, Justice and Communication Conference at Portsmouth University, May 2017.  Last week, I had the privilege of attending the Children, Justice and Communication Conference at Portsmouth in the UK.  The conference is hosted by some of the world’s leading academics and practitioners working in the areas of child sexual exploitation, trafficking, child abuse, incest and more.  

Opened by Professor Ray Bull, the conference featured the work of Professor Becky Milne, Dr Julie Cherryman, Dr Lucy Akehurst and Professor Penny Cooper to name but a few. 

The audience, mostly police officers from the UK, represent those forward-thinking agencies and officers who want to make a change for the good and tackle some of the most challenging crimes. The number of police officers with higher research degrees is particularly impressive, and is having a massive impact on the quality of policing not only in Britain, but around the world.

Tackling challenging issues across the globe

Some of the issues covered on the first day included the conundrum of obtaining evidence from teenagers who have been exploited and trafficked but consider their actions to be consensual and complicit in the activities. How do we empower these individuals to become witnesses rather than to take on the persona of victim? 


Dr Brian Chappel, a senior police intelligence expert, spoke of the use of juveniles as critical intelligence sources necessary to infiltrate youth gangs. Interestingly, his research showed that the 10 informants who participated in his study were themselves free from any police intervention up to a year later. 


Dr Shaleve-Greene addressed the issues for agencies in handling or identifying the 10,000 unaccompanied migrant minors that go missing across Europe every year. This was another statistic to get my head around – this number reflects only those we know about who are missing and vulnerable to traffickers and exploitation. There are also tremendous challenges to local safeguarding children boards, such as the one operating in Kent on the south coast of Britain. 


Dr Sue Gower spoke about the services and educational needs of their staff when they take on responsibility for the children from their own county, a similar number from neighbouring counties, and then double the number to account for the unaccompanied immigrant minors arriving from Europe. 

How intermediaries are working successfully overseas

Professor Penny Cooper hosted a panel of experts who presented on a range of issues connected to the use of intermediaries who support and assist children and vulnerable adults to communicate with police, and courts. 


The NSW Department of Justice is currently trialling the use of intermediaries, so it was great to hear the many ingenious and fantastic ways these experts have of working with children to help them communicate. Convictions have been secured with the use of evidence from children as young as three-years-old. These presentations also addressed the increasingly common needs of children with autism spectrum disorder. 


As practitioners, it’s so important to stick our heads above the partition wall and have a look at the fantastic work going on around the world. 


WISE Workplace offers consulting and investigation services to assist and support workplaces in conducting fair and efficient investigations and developing comprehensive complaints processes.

Contact one of our offices to talk to an advisor about a free consultation.

A Perplexing Problem: Protecting Children Overseas

Harriet Witchell - Thursday, April 20, 2017


Every year billions of Australian dollars are provided to fund aid projects overseas. The money is targeted to assist developing countries with education, housing, health and community projects. Naturally children are a prime target group for these aid programs.  The majority of these organisations are funded by the Australian public via donations and government funding provided to not-for-profit organisations, many of them faith based organisations.

International rules and expectations govern the protocols for handling and responding to allegations related to child protection, however, enforcing these laws is a tricky business often involving multiple jurisdictions and multiple agencies who may disagree around responsibilities and liabilities.

Policies and procedures are not enough to protect children who are by definition amongst the most vulnerable in the world.

Small operations, voluntary management and high dependency on the goodwill of front end service delivery mitigate against strong child protection regimes. Poor oversight due to long distance, remoteness and cultural differences are also key features of this problem.

Funding bodies in Australia are expected to have high quality child protection systems and policies in place to gain government funding but the challenge of enforcing or even providing adequate training in the expectations to the end providers of the service can be beyond reach.

Now that we know that we cannot unquestioningly depend on the nature of goodly people to act without harming children, what cost do we place on the need to provide secure safe environments for children receiving charitable services?

Documents provided to the Guardian relating to the level of abuse within detention centres on Nauru demonstrate the abject failure of outsourced government funded programs. How then do we expect small voluntary projects to be faring against these standards?

It is clear that policies and procedures are woefully inadequate yet how much of the donated money do we want spent on compliance when it comes to protecting children?

WISE Workplace is regularly requested to undertake investigations of allegations made against staff overseas who are working or administering charitable projects. The work requires a high level understanding of the environment, the agency, funding requirements, boards and community management structures, and the local culture and cultural background of staff and service recipients. The work remains some of the most challenging to investigate. Weak employment relationships can lead to inconclusive outcomes and an inability to enforce any restrictions on volunteers in the field.

For those organisations with managers in Australia trying to manage complaints or allegations arising from activities overseas, using the support of experienced investigators can be a godsend melding the investigative skills of experienced child protection investigators with the cultural and service delivery expertise of the coordinators working for the agency.

Our top 10 list of must do’s if you are a coordinator of a charity funded project overseas:

  1. Nominate a single contact person with responsibility for dealing with complaints related to child protection within your agency

  2. Have clearly articulated Child Protection Standards and Guidelines

  3. Have clearly articulated procedures for dealing with complaints

  4. Understand the criminal law in the country of service delivery

  5. Understand the employee relationship between the funding body and the service providers on the ground

  6. Know your legal obligations under your primary funding agency agreement

  7. Respond quickly to complaints

  8. Conduct a risk assessment and take protective action if necessary

  9. Identify a suitable contact person on the ground in the foreign country to be a liaison pain

  10. Seek specialist help when complaints are serious or complex to investigate.

WISE Workplace runs regular training programs on the principles of undertaking workplace investigations. Our facilitators have extensive experience and expertise in managing all kinds of challenging investigations including running operations overseas via Skype using local contacts. Our unique Investigating Abuse in Care course provides valuable skills in how to assess complaints, reporting obligations, drafting allegations, interviewing victims and respondents, making decisions and maintaining procedural fairness. Book now for courses in May 2017.

What Does Child Protection Look Like in 2017?

Harriet Witchell - Wednesday, February 15, 2017

There is no doubt that the sobering outcomes of the Royal Commission into Institutional Responses to Sexual Abuse have caused Australian organisations to take stock of their child protection strategies. Investigating and preventing abuse in care has become a non-negotiable priority issue for many citizens and institutions across the nation. So what is the current state of play?

Abuse in Care: NSW initiatives

We reported in 2016 that the NSW legislature had made considerable headway into strengthening the state’s response to allegations of child abuse. NSW was the first state to draft and implement Reportable Conduct laws, which set out details of the types of events, behaviours and history that require reporting. This can include the insidious phenomenon of grooming conduct, whereby children are encouraged to trust a person who later engages in child abuse. Boundary violations are also one of the many behaviours that employers now must monitor. Last year, we also saw the powers and involvement of the NSW Ombudsmen gain traction, with better coordination of information around reports of child abuse in care

Child protection developments nation-wide

As we head into 2017, we are seeing some further promising action happening in other Australian states and territories. The ACT is leading the charge to stamp out child abuse, with the introduction of its own Reportable Conduct legislative scheme. Working off the NSW model, the ACT is embedding similar mandatory reporting mechanisms into the fabric of the territory government’s business-as-usual practices, yet as with NSW, there are inevitable challenges around information sharing across agencies.

Victoria has begun its own task of developing and implementing a range of up-to-date laws dedicated to fighting child abuse in care environments. The state is not as far advanced as the ACT in these initiatives, but there are positive signs that the state government will do what it can to improve information sharing within the bounds of privacy requirements.

Protecting against abuse in 2017 and beyond

The work ahead is considerable. As we can see, not all states and territories are currently on board with the necessary structures to counter child abuse. Yes, it is certainly a considerable task – to implement new legislation on reportable conduct, to link agencies more effectively and to update enforcement knowledge and skills. And for those employers investigating child abuse, any uncertainty around legal requirements can create unique investigative challenges. 

As the Royal Commission has painfully shown, no work is too arduous when it comes to protecting Australia’s children from abuse – and indeed protecting any vulnerable individual such as the elderly or disabled in institutional settings.

Harmonisation of anti-child abuse measures

One major outstanding task is the harmonisation of child protection legislation and policies around Australia. There is little hope of tightening the system if alleged perpetrators can simply cross borders into ‘’more relaxed” jurisdictions. COAG has ear-marked this coordination of child abuse responses as a priority area in 2017. We are hopeful that the council will show the necessary chutzpah to pull the states and territories into line on this urgent task of protecting children against abuse.

Even if the federal nature of Australian government makes Commonwealth measures difficult to implement in this space, harmonisation of separate schemes is far from impossible. There are many precedents demonstrating that the states can unify when the subject matter is sufficiently pressing. Surely this is perhaps the most pressing issue imaginable?

Investigating the abuse of children and other vulnerable people

At Wise Workplace, we help employers to monitor and investigate alleged abuse at the ground level. While various governments around Australia are doing their best to learn and act from the Royal Commission, we are determined to give every employer the opportunity to establish the strongest possible strategies against child abuse that they can – right now.

Whether you are seeking advice on workplace audits, workplace investigations into abuse of children or others, the current legal state-of-play on reportable conduct – or indeed all of the above, then please do not hesitate to give us a call.

We’re also excited to announce our first training offerings in NSW and Victoria on the particulars of the abuse in care schemes, successful investigations and some important steps to take in every workplace. We can’t emphasise how important this is for all employers to take on board. Make sure you book in soon, as numbers are limited. Hope to see you there!