2. Procedures
2.1 Child protection and abuse prevention professional learning
Teachers must:
- complete the online Child Protection and Abuse Prevention professional learning program within six months of enrolment in the online course
- repeat the online Child Protection and Abuse Prevention professional learning every three years from the date of completion.
Guidance
Enrolment occurs automatically for staff who have an E number.
Note that any reference to staff includes casual and relief staff.
Compliance is monitored by the principal and Statewide Services.
A certificate of completion is provided on satisfactory completion of the course.
Alternative professional learning formats are available for staff who cannot access the online professional learning due to a disability or special circumstances.
Refer to Appendix A and Ikon: Access child protection and abuse prevention online professional learning (staff only) for further information.
2.2 Child abuse prevention education
Teachers must implement protective behaviours education that aligns with the Western Australian Curriculum across all phases of schooling.
2.3 Mandatory reporting of child sexual abuse
When a teacher believes on reasonable grounds, that a child is or has been the subject of sexual abuse and forms the belief, during the course of paid or unpaid work as a teacher, and where the principal is not the alleged perpetrator, teachers must:
- choose one of the following reporting processes:
- make an online mandatory report at Mandatory Reporting Service (MRS)
- make a verbal report to the MRS which must be followed up with an online or written mandatory report
- write a report and provide it to the principal for lodgement with MRS
- inform the principal that a mandatory report has been lodged and provide the principal with the receipt number of the mandatory report and documentation of the grounds on which they formed the belief
- follow procedures in 3.4 if the belief is formed that a child was the subject of sexual abuse before 1 January 2009 and the abuse is not ongoing
- if a decision to make a mandatory report has not been made, document all observations and consultations and follow procedures 3.4
- inform the principal of the advice contained in the feedback letter received from MRS following the mandatory report
- not provide a copy of their mandatory report to the principal for storage or store their own copy of the report in Department of Education files.
Where the principal is the person alleged to have committed the abuse or may be biased towards the person alleged to have committed the abuse teachers must:
- make a report to Director of Education or Standards and Integrity Directorate (SID) and choose one of the following reporting processes:
- make an online mandatory report at Mandatory Reporting Service (MRS) or
- make a verbal report to the MRS which must be followed up with an online or written mandatory report and
- not provide a copy of their mandatory report to the principal for storage or store their own copy of the report in Department of Education files.
Guidance
Please refer to the relevant service on Ikon including Form the belief that a child is or has been the subject of sexual abuse in Manage child protection at your school (staff only).
The definition of sexual abuse from the Children and Community Services Act 2004 (s124A):
Sexual abuse, in relation to a child, includes sexual behaviour in circumstances where —
(a) the child is the subject of bribery, coercion, a threat, exploitation or violence; or
(b) the child has less power than another person involved in the behaviour; or
(c) there is a significant disparity in the developmental function or maturity of the child and another person involved in the behaviour.
(s124A Children and Community Services Act)
Students under 13 years of age are deemed under the Criminal Code as incapable of consenting to a sexual relationship and this should be reported to WA Police and obtain a police record number, if a mandatory report of child sexual abuse is not submitted.
Prior to submission of a report, teachers may seek advice from Department of Communities (MRS) staff on 1800 708 704 and/or the Department of Education’s Service Response (Child Protection) staff on (08) 9402 6124.
Following submission of a report, the mandatory reporter may contact the MRS to request information on the progress or current status of a report.
Under the Memorandum of Understanding between the Department of Communities and the Department of Education, the Department of Communities are obliged to share relevant information with the principal relating to the wellbeing of a child.
The teacher is not required to make their own mandatory report if a report has already been made by a principal or another teacher for a belief based on the same reasonable grounds and the MR receipt number has been provided to the principal as proof.
A child can be subject to a number of mandatory reports by different mandatory reporters.
If the teacher or principal believes on reasonable grounds that a child is or has been the subject of sexual abuse and forms the belief, mandatory reporting requirements apply even if the staff member providing the information has not formed the same belief.
School nurses are mandatory reporters and are required to follow reporting procedures in accordance with Department of Health guidelines. They should also inform the principal of the circumstances when they make a notification relating to a school student to the Department of Communities. They are not required to provide the MR receipt number to the principal. For further information, please refer to the MOU between the Department of Education and Child and Adolescent Health Service and WA Country Health Service: 1 January 2022 – 31 December 2024 (staff only).
Unless a mandatory has proof that a report has been submitted regarding child sexual abuse, mandatory reporting requirements apply. For further explanation, please refer to the Children and Community Services Act s124B(3):
In a prosecution for an offence under subsection (1) it is a defence for the person charged to prove that he or she honestly and reasonably believed that —
(a) all of the reasonable grounds for his or her belief were the subject of a report made by another person; or
(b) the CEO had caused, or was causing, inquiries to be made under section 31 about the child’s wellbeing; or
(c) the CEO had taken, or was taking, action under section 32 in respect of the child’s wellbeing.
School chaplains and Aboriginal and Islander Education Officers (AIEOs) are classified as school counsellors and are mandatory reporters. They follow reporting procedures for school counsellors.
Mandatory reporting requirements apply when working in the role of a teacher, whether at their own school or another school, in either a paid or unpaid capacity. Mandatory reporting requirements do not apply to a registered teacher who is working in another role, for example as a Participation Coordinator, in an Education Regional Office, as a Social Worker or a Youth Transition Coordinator, unless that role is categorised as a mandatory reporter.
If the belief is formed that a child is or has been the subject of sexual abuse when not working in their role as a teacher, either paid or voluntary, there is no legal duty to report. However a report to the Department of Communities can be made voluntarily
TAFE lecturers are mandatory reporters.
In accordance with the Children and Community Services Act, the legal penalties for a mandatory reporter who fails to report the belief that a child is or has been the subject of sexual abuse can be a fine of up to $6,000. A person can be prosecuted within three years after failing to make a report. Failure to report the belief that a child is or has been the subject of sexual abuse may also be considered a breach of the Department’s Staff Conduct and Discipline policy. Failure to follow up a verbal report of child sexual abuse with a written report could result in a fine of $3,000.
Prior to 1 January 2009 there was no legal requirement for teachers to report child abuse in Western Australia.
If teachers have any concerns regarding the student and suicidal ideation, they should seek advice and consultation to increase the safety of the student, and refer to the School Response and Planning Guidelines for Students with Suicidal Behaviour and Non-Suicidal Self Injury (staff only).
When there is concern for the safety of a mandatory reporter, the principal should advise the WA Police and/or Department of Communities and contact the relevant Regional Education Office to assist. For further information refer to Ikon: Support a staff member who has reported child abuse (staff only) and Access support after reporting child abuse (staff only).
2.4 Report concern of child sexual abuse
If the belief that a child is or has been the subject of sexual abuse, is not formed, but a child protection concern of child sexual abuse is held, teachers must:
- report to the principal
- document all observations, relevant information and concerns
- provide this documentation to the principal.
Teachers must not:
- inform parents that a report has been made
- interview the child or children involved
- investigate the concern
- collect photographic evidence
- keep records or documentation
- inform the person alleged to be responsible for the abuse that a child protection concern is held.
2.5 Report concern of physical or emotional abuse, family violence or neglect
Teachers must:
- document and report all child protection concerns relating to physical abuse, emotional abuse, family violence or neglect to the principal
- inform the Director of Education or the Department’s Standards and Integrity Directorate (SID) if the principal is the person alleged to have committed the abuse or may be biased towards the person alleged to have committed the abuse.
Teachers must not:
- inform parents that a report has been made
- interview the child or children involved
- investigate the concern
- collect photographic evidence
- inform the person alleged to be responsible for the abuse that a child protection concern is held.
Guidance
Being exposed to family violence is considered to be emotional abuse and may also be physical abuse.
If a teacher holds a child protection concern involving a child or children enrolled at another school or college, they may report their concern to the Department of Communities as a private citizen.
If teachers have any concerns regarding the student and suicidal ideation, they should seek advice and consultation to increase the safety of the student, and refer to the School Response and Planning Guidelines for Students with Suicidal Behaviour and Non-Suicidal Self Injury (staff only).
Refer to Appendix C for more information on completing documentation.
2.6 Report allegation of abuse committed by staff
Teachers must:
- document and report all allegations of abuse committed by staff to the principal
- if the principal is the person alleged to have committed the abuse or may be biased towards the staff member alleged to have committed the abuse, inform the Director of Education or the Department’s Standards and Integrity Directorate (SID)
- follow reporting procedures in 3.3, 3.4 or 3.5, as applicable.
Teachers must not:
- interview the child
- investigate the allegation
- inform the person alleged to have committed the abuse that an allegation has been made.
2.7 Report allegation of sexual abuse committed by a student during supervised school activities
Teachers must:
- report all incidents of sexual abuse committed by a student during supervised school activities to the principal
- follow reporting procedures in 3.3.
Teachers must not:
- interview the children involved
- disclose the identity of the person alleged to have committed the abuse to the alleged victim’s parent
- disclose the identity of the alleged victim to the parents of the student alleged to have committed the abuse.
Guidance
Sexual abuse of a child by another child is any sexual behaviour that involves the use of bribery, coercion, a threat, exploitation or violence or when one child has less power than the other or when there is significant disparity in the developmental function or maturity of the children involved.
Examples are: unwanted touching, unwanted kissing, exposure to sexual acts, exposure to pornographic materials and sexual penetration of the genitals or mouth.
Behaviour outside of the normal developmental range may be an indicator of child sexual abuse. Sexual behaviour that is within the normal range is not usually an indicator of child sexual abuse. For more information refer to Ikon: Respond to sexual behaviour in students (staff only).
If teachers have any concerns regarding the student and suicidal ideation, they should seek advice and consultation to increase the safety of the student, and refer to the School Response and Planning Guidelines for Students with Suicidal Behaviour and Non-Suicidal Self Injury (staff only).
2.8 Respond when a student is at immediate risk of harm
Where there is a concern that the student will be exposed to the immediate risk of harm during or after school hours, teachers must inform the principal as a priority.
2.9 Students 18 years of age and over subjected to physical or sexual assault
Teachers must inform the principal of a concern for a student 18 years or over who discloses physical or sexual assault.
Guidance
Students over 18 years of age are adults and concerns for their safety are reported to the WA Police by the student. The principal may advise and assist the student who has been subjected to physical or sexual assault to make a police report.
Students over 18 years who have an intellectual disability are viewed under the Criminal Code as being an ‘incapable person’ (Section 330). The principal may make a report to WA Police themselves when the student is incapable of doing so.
Any concerns regarding an inappropriate relationship between a staff member and a student should be reported to the Department’s Standards and Integrity Directorate (SID). For further information refer to Report staff misconduct (staff only).
2.10 Respond to students in possession of sexually explicit or child exploitation material
When sexually explicit or child exploitation material has been located on a student’s mobile phone or other electronic device, or if sexually explicit or child exploitation material has been distributed to others, teachers must:
- secure the electronic device (if circumstances permit)
- report to the principal
- follow reporting procedures in 3.3 or 3.4, as applicable.
Teachers must not:
- search through a student’s portable electronic device for evidence
- download, transmit or distribute the images or text
- delete images or text
- inform the person alleged to have committed the abuse that an allegation has been made.
Guidance
Please refer to the definition of ‘Child Exploitation Material’ in Section 4 of these procedures.
Teachers have the authority to confiscate student’s property on school premises under reg 71 of the School Education Regulations 2000. The process for the confiscation of mobile phones should be stated in the school’s policy for the management of mobile phones and other electronic devices on school grounds.
A staff member may view an image to determine if it is reportable and document whether the:
- image is sexually explicit
- identity of the person is known
- image appears to be of a person under 18 years old.
Once the device is secured, it is recommended that it is switched to flight mode (where possible).
If known, document the distributor and recipient/s of the images.
If teachers have any concerns regarding the student and suicidal ideation, they should seek advice and consultation to increase the safety of the student, and refer to the School Response and Planning Guidelines for Students with Suicidal Behaviour and Non-Suicidal Self Injury (staff only).
The WA Police will identify whether or not a child has been exploited and may interview the students, teachers, boarding supervisors, parents and any other parties involved.
Further information and resources can be found on the website of the Office of the eSafety Commissioner and in Ikon (staff only).
For information related to Western Australia’s Intimate Image laws (Chapter XXVA of the Criminal Code) which came into effect on 15 April 2019, please refer to the Frequently Asked Questions.
2.11 Respond to specific child protection issues
2.11.1 Female genital mutilation/cutting
Teachers must:
- report to the principal all concerns that a student may be subjected to female genital mutilation/cutting (FGM/C) or arrangements are being made to carry out the procedure
- follow reporting procedures in 3.5.
Teachers must not inform the parent of the concern or the report.
Guidance
Department of Communities has advised that employees of state government agencies should report the practice or risk of FGM as a form of physical abuse. FGM/C is also reported to WA Police as the practice is a criminal offence in Western Australia, as is taking the child from the state with the intention of having the child subjected to FGM/C. Concerns of FGM/C are reported to WA Police by the principal.
For further information refer to Section 306 of the Criminal Code and Report female genital mutilation or cutting of a student (staff only).
2.11.2 Forced marriage
Teachers must:
- report to the principal any concerns for a student under 18 years of age who is being forced or coerced into a marriage, or is in an existing marriage and
- follow reporting procedures in 3.3 or 3.4.
Teachers must not inform the parent of the concern or the report.
2.12 Support students affected by abuse
Teachers must:
- support students affected by abuse, including students who are alleged to have committed abuse
- document and inform the principal of any further information or observations.
Guidance
Staff involved in a supportive role should take into account factors such as culture, religion, age, disability and level of maturity of the student. Refer to Support a student affected by abuse or neglect (staff only).
Staff should consult with appropriate school and Education Regional Office staff to develop strategies to support the student, whilst maintaining student confidentiality.
Staff should consult with the Sexual Assault Resource Centre resources when supporting students harmed by sexual assault.
The impact on the student’s behaviour of trauma stemming from abuse should also be considered.
As appropriate, the student should be provided with the option of who their support person is and involved in decisions that directly affect them and provided with relevant information.
The student and their family may be provided with the option to ‘opt out’ of support and intervention.
School based strategies and or interventions should not disadvantage the student harmed, for example, the student should not be moved out of their class, unless at the request of the student or family.
If teachers have any concerns regarding the student and suicidal ideation, they should seek advice and consultation to increase the safety of the student, and refer to the School Response and Planning Guidelines for Students with Suicidal Behaviour and Non-Suicidal Self Injury (staff only).
2.13 Communicate to parents
2.13.1 When a mandatory report or child abuse report has been made
Teachers must not:
- inform parents, unless instructed by the principal
- disclose the identity of the mandatory reporter (if known) or the person alleged to have committed the abuse.
Guidance
The parent/carer may be responsible for the abuse and advising them that a mandatory report or child abuse report has been made may compromise an investigation.
2.13.2 When a concern is held but a mandatory report or child abuse report has not yet been made
Teachers must not inform parents:
- that physical or behavioural indicators have been observed in their child which have led to the belief or concern of child abuse
- of a concern of family violence
- of an intention to make a report concerning their child to the Department of Communities, the Mandatory Reporting Service (MRS), WA Police and/or the Department’s Standards and Integrity Directorate (SID).
Guidance
A parent may be responsible for the abuse. To inform the parent of the belief or concern of child abuse may alert them and pose a further risk to the child.
If a parent makes a disclosure of extra-familial child abuse (where the person alleged to have committed the abuse is not a family or kinship member), teachers should discuss this with the principal.
Observations can be discussed with parents in order to seek further information without alerting them to concerns of child abuse.
2.14 When a student under the age of consent discloses a sexual relationship
Teachers must:
- inform the principal
- follow reporting procedures in 3.3 or 3.4, if applicable.
Teachers must not interview the child or children involved.
Guidance
These procedures only apply when a disclosure has been made by the student themselves.
In Western Australia, the legal age for people to consent to sexual activity is 16 years of age.
Sexual behaviour involving students aged 13 to under 16 years of age may not necessarily constitute sexual abuse. If the belief is formed on reasonable grounds that a child is or has been the subject of sexual abuse, a mandatory report must be submitted as per procedure 3.3. Refer to Ikon Form the belief that a child is or has been the subject of sexual abuse (staff only) (staff only). Consideration should be given to the age of the child, developmental level, any disability or the influence of drugs or alcohol.
The principal will inform parents about a child under the age of consent being in a sexual relationship, unless:
- it is not in the best interests of the child
- a report of child sexual abuse or other form of abuse is made.
2.15 Recordkeeping and documentation
Teachers must:
- document all incidents of possible physical or behavioural indicators and concerns of child abuse
- provide copies to the principal
- securely store all confidential records and information separately from the student’s school records.
Guidance
It is strongly advised that a copy of the mandatory report is not stored by the mandatory reporter. It is not necessary to keep a mandatory report. The receipt number issued by the MRS is proof that a report has been made. The report can be accessed or additional information added by the reporter at a later date by quoting the receipt number or the name of the child to the MRS.
Documentation kept by staff, excluding mandatory reports, may be required by the Department of Communities, WA Police and/or the Department’s Standards and Integrity Directorate (SID) in their investigations. For further information refer to Respond to an order to produce documents to a court or WA Police (staff only).
Refer to Appendix C for more information on completing documentation.
2.16 Confidentiality
Teachers must protect the identity of a staff member who submits a child abuse report.
When a student discloses abuse or family violence, teachers must not promise confidentiality.
Guidance
Staff may consult with appropriate school and Education Regional Office staff, as necessary and must at all times maintain confidentiality.
All staff are protected by the Children and Community Services Act 2004 from civil, criminal and disciplinary liability by providing information in good faith to the Department of Communities, WA Police or SID.
The identity of the person making the report is protected. However, in prescribed circumstance the identity of the reporter may be disclosed. The penalty for disclosing a mandatory reporter’s identity outside of these circumstances can be up to two year’s’ imprisonment and/or $24,000 fine. (Children and Community Services Act).
For assistance regarding appropriate responses to students disclosing abuse, please refer to Respond to student disclosure of abuse (staff only).
For further information, refer to Appendix D and Share confidential child protection information (staff only).
2.17 Protection and support for staff who report child abuse
Teachers who have a concern for their own safety following a child abuse report must inform the principal.
Guidance
Where there is concern for the safety of the teacher following a report, the principal may consult with the Regional Education Office to implement a risk management plan. This may include informing WA Police and the Department of Communities.
Staff who require support as a result of reporting child abuse can access the Employee Assistance Program (staff only) for counselling.
For further information refer to Appendix B and Access support after reporting child abuse (staff only).
2.18 Documented planning for children in the care of the CEO of the Department of Communities
Teachers must:
- develop a documented plan within 30 working days of being advised that a child is in care
- provide a copy of the completed documented plan to the principal who will forward it to the Department of Communities child protection worker and other key stakeholders
- review the documented plan at least twice per year, or if there is a significant change in the students’ circumstances.