Making institutions child safe


The Royal Commission recommends the institutions uphold the rights of the child. Recommendations focus on preventing sexual abuse and making institutions safer for children through the implementation of child safe standards. It also includes recommendations for organisations to respond to online sexual abuse in institutions in order to create child safe online environments.

The ACT is a human rights jurisdiction, with relevant rights enshrined in the ACT's Human Rights Act 2004 (HR Act). The HR Act imposes direct obligations on ACT Government institutions, and other institutions that are considered to be functional public authorities for the purposes of the HR Act, to act and make decisions consistent with human rights. The HR Act specifically provides in section 11(2) that ‘every child has the right to the protection needed by the child because of being a child, without distinction or discrimination of any kind’. This is a right to special or positive measures, which also requires a higher standard to be adopted in relation to children when the application of other human rights are considered.

The United Nation’s Convention on the Rights of the Child, including the ‘best interests’ principle in Article 3, assists to elucidate the content of children’s rights protected in the HR Act, and is able to be used as guide to interpretation under section 31 of the HR Act.

The recommendations of the Royal Commission address a legitimate objective in seeking to protect children and young people from sexual abuse, giving effect to the right of children to the protection they need, as guaranteed in section 11(2) of the HR Act.

Child safe standards

The ACT Government agrees with the Royal Commission that organisations providing services to children must do more to prevent and respond to child abuse that may occur within their organisations.

The Royal Commission has recommended that the standards be compulsory for all organisations providing facilities or services to children, including those that are funded or regulated by government, and those that are not. The standards aim to drive cultural change in organisations so that protecting children from abuse is embedded in the everyday thinking and practice of leaders, staff and volunteers. Currently the ACT and NSW have a partially regulated child safe standards system, while Victoria, Queensland and South Australia have mandatory systems in place.

The ACT Government will seek the views of industry, regulators and interested parties as to how children’s services organisations meet existing and proposed standards. The ACT Government notes the Royal Commission recommended a wide range of organisations be required to adopt the standards, and that these organisations vary significantly; in size, governance arrangements and in the nature of their interaction with children.

The approach needed by different organisations to meet the standards is likely to vary. Consultation will commence from mid-2018 to ascertain sector readiness and existing regulatory requirements across government and non-government sectors to inform the ACT’s Government’s position on introduction of child safe standards.

In October 2018, the ACT Government partnered with the ACT Public Advocate and Children and Young People Commissioner to conduct stakeholder forums to understand current sector readiness to implement the Child Safe Standards.

In October 2019, ACT Government decided to regulate Child Safe Standards in the Territory, and a scheme is currently being developed.

The scheme will focus on education and long-term capacity building, rather than prescriptive rules and penalties.  Organisations will receive training, tools and support from the oversight body which will be located within the ACT Human Rights Commission.

Public consultation began in November 2019 and will run until February 2020. The consultation will run for an extended period to compensate for the consultation including summer holidays.

Have Your Say on the way we design the regulatory scheme for Child Safe Standards in the ACT

National Statement of Principles for Child Safe Organisations

In November 2016, Community Service and Disability Ministers agreed to the development of a National Statement of Principles for Child Safe Organisations. The National Children’s Commissioner was engaged by the Commonwealth Government to develop national principles.

In February 2019, the Council of Australian Governments (COAG) endorsed the National Principles for Child Safe Organisations. The National Principles represent ten child safe standards to provide a nationally consistent approach to creating child safe cultures across organisations, and are broader than sexual abuse, covering other forms of harm.

The ACT Government agrees to prioritise collaboration with other jurisdictions to progress a new National Framework on Child Safety. The Framework will ensure that the National Principles are applied to support the development of child safe institutions and in the development of government policies, programs, services and interventions.

eSafety

The ACT Government will assess the additional work that will be required to implement e-safety mechanisms in government schools, including consideration of the Queensland Department of Education and Training’s Cyber Safety and Management Unit as a model, and what support might be available to small jurisdictions to implement the arrangements. This includes appropriate levels of escalation and effective engagement with all relevant entities. The ACT Government will introduce arrangements to require the non-government education sector to achieve this recommendation.

The work of the Royal Commission and the ACT Government’s response may bring up strong feelings and questions. Be assured you are not alone, and that there are many services and support groups available to assist. Some options for advice and support include 1800 Respect, Lifeline on 13 11 14 and the National Redress Information Line on 1800 737 377.