Is your organisation Child Safe? Understanding your legal obligations under Victoria’s Child Safe Standards
Many organisations may be unaware of their legal obligation to comply with the Victorian Child Safe Standards (Standards) - even where an organisation does not primarily work with children.
The Standards, established under the Child Wellbeing and Safety Act 2005 (Cth), were enacted in response to the Royal Commission into Institutional Responses to Child Sexual Abuse, which laid bare the need for accountability and procedure when working with children.
July 2022 saw the reveal of eleven revised Standards, which set out to reflect the National Principles for Child Safety and strengthen the mandatory regime. The Standards are enforceable at law, and non-compliance can carry reputational and financial consequences.
Who needs to comply?
Administered and enforced by the Commission for Children and Young People (CCYP), the Standards aim to prevent child abuse by setting out expectations for organisations that interact with children in any capacity. Whether you run a sports club, community centre, retail store employing young people, or provide public spaces accessed by children, your organisation may be required to comply.
The Standards may apply if an organisation:
works with or provides services specifically to children; or
provides spaces/locations children can attend; or
engages children under the age of 15 as workers or volunteers.
Even if an organisation does not provide services directly to children, it may still be required to comply with the Standards. An extensive list of organisations that must comply with Standards can be found in Schedule 1 of the Child Wellbeing and Safety Act 2005 (Cth) and includes:
Schools (inclusive of distance education providers and boarding schools); and
Childcare centres; and
Sporting organisations; and
Disability support services; and
Churches and other religious organisations.
What are the Standards?
The eleven Child Safe Standards encompass rules designed to be embedded into an organisation’s governance, operations, and workplace culture. They relate to the implementation and creation of policies, Codes of Conduct, screening processes for employees, ongoing staff training, risk management, and reporting avenues for suspected abuse. Whilst some Standards require a document be established to satisfy minimum requirements, many Standards require compliance through strategy and holistic cultural approaches.
Importantly, the Standards state that compliance isn’t achieved through one off measures. Compliance requires that strategies undergo review and improvement regularly. Policies must be publicly accessible, and organisations are expected to demonstrate a genuine, proactive commitment the promotion of child safety, the prevention of child abuse and proper response to allegations of abuse.
Where to start
For organisations unsure of their obligations, it is important to determine whether the Standards apply to them.
The CCYP has broad powers to request documentation, conduct investigations, and take enforcement action, including civil penalties and publicising non-compliant organisations.
To mitigate risk and demonstrate a commitment to child safety, organisations should take a proactive approach by assessing potential risk, updating relevant policies and procedures, and seeking support where needed.
Navigating child safety compliance can be complex. Harwood Andrews can assist by:
determining whether an organisation is required to comply with Standards;
drafting appropriate contractual protections when engaging contractors or service providers who may engage with or provide services to children;
For more information, please contact:
Hugo Le Clerc
Senior Associate
03 5225 5213 | 0438 089 334
hleclerc@ha.legal
Paul Gray
Principal
03 5225 5231 | 0414 195 886
pgray@ha.legal
Ella Handreck
Lawyer
03 5225 5206
ehandreck@ha.legal
