Aset Penerbit

Child Protection in Department of Education Sites Procedures for School Psychologists

procedure

These procedures must be read in conjunction with the Child Protection in Department of Education Sites Policy.

2. Scope

These procedures apply to school psychologists in Department of Education sites.

3. Procedures

3.1 Child protection and abuse prevention professional learning

School psychologists must:

  • complete the online Child Protection and Abuse Prevention professional learning within six months of enrolment in the online course; and
  • 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.

3.2 Child abuse prevention education

School psychologists must promote protective behaviours education that aligns with the Western Australian Curriculum across all phases of schooling.

Guidance

For further information refer to Access protective behaviours resources and Request child protection and abuse prevention training in Ikon (staff only).

3.3 Mandatory reporting of child sexual abuse

When a school psychologist 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 school psychologist, and where the principal or, where applicable residential college manager, is not the person alleged responsible for the abuse, school psychologists 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; or
    • in a school context, complete the Mandatory Reporting form (available from the Mandatory Reporting Service) and provide it to the principal for lodgement with MRS
  • inform the principal and where applicable, residential college manager, that a mandatory report has been lodged
  • provide the principal and, where applicable, residential college manager, with
    • the documentation of the grounds on which they formed the belief; and
    • the receipt number of the mandatory report
  • 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 or, where applicable, residential college manager, for storage or store their own copy of the report in Department of Education files
  • follow procedures in 3.4 if the belief is formed that a child was the subject of sexual abuse before 1 May 2024 and the abuse is not ongoing
  • if a decision has been made to not make a mandatory report, document observations, information and disclosures received or discussed with staff and consultations, record this information in the student psychology file and follow procedure 3.4.

Where the principal or, where applicable, residential college manager is the person alleged to have committed the abuse, or may be biased towards the person alleged to have committed the abuse, school psychologists must: 

  • make a report to the Director of Education or the Standards and Integrity Directorate (SID), and choose one of the following reporting processes
    • make an online mandatory report
    • make a verbal report to the MRS which must be followed up with an online or written mandatory report
  • provide the Director of Education with
    • the receipt number of the mandatory report; and
    • documentation of the grounds on which they formed the belief
  • not provide a copy of their mandatory report to the principal/residential college manager or Director of Education for storage or store their own copy of the report in Department of Education files.

School psychologists 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.

Guidance

Mandatory reporting requirements apply when working in the role of a school psychologist, whether at their own school or another school, in either a paid or unpaid capacity. 

Please refer to the relevant service in 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 2004)

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 1 May 2024 there was no legal requirement for school psychologists to report the belief of child sexual abuse in Western Australia.

The school psychologist is not required to make their own mandatory report if a report has already been made by a Department staff member or a third party provider who is a mandatory reporter for the belief based on the same reasonable grounds and the MR receipt number has been provided to the school psychologist as proof.

Unless a mandatory reporter 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 2004 s124B(3):

(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.

If the psychologist 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.

A child can be subject to a number of mandatory reports by different mandatory reporters. Multiple reports can be made for the same child if that child is subjected to abuse over a period of time.

Prior to submission of a report, school psychologists may seek advice from the Department of Education’s, Service Response (Child Protection) staff on (08) 9402 6124 or the Department of Communities on 1800 708 704.

The legal penalties in accordance with the Children and Community Services Act 2004 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.

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 Education and the Department of Communities, the Department of Communities is obliged to share relevant information with the principal relating to the wellbeing of a child.

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 psychologist, either paid or voluntary, there is no legal requirement to report.  However, the Department of Education strongly recommends a report be made voluntarily to the Department of Communities. School psychologists may like to refer to the Australian Psychological Society Code of Ethics.

If school psychologists 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.

When there is concern for the safety of a reporter, the principal or, where applicable, residential college manager, should advise the Department of Communities and/or the WA Police and contact the relevant Regional Education Office for further advice. For further information refer to Ikon: Support a staff member who has reported child abuse and Access support after reporting child abuse (staff only).

School psychologists are protected from civil, criminal liability or professional misconduct allegations by providing information in good faith to the Department of Communities, WA Police and/or the Standards and Integrity Directorate (SID) for the purpose of investigating child abuse.  Refer to procedure 3.10 on Confidentiality and procedure 3.11 on Information Sharing.

3.4 Report concern of child 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, school psychologists must:

  • document observations, relevant information and disclosures received or discussed with staff
  • record this information in the student psychology file
  • provide this documentation to the principal and where applicable, residential college manager
  • make a report to the Director of Education or the Standards and Integrity Directorate (SID) if the principal or residential college manager is the person alleged responsible for the abuse or may be biased towards the person alleged responsible for the abuse.

School psychologists 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

School psychologists may consult with the principal and, where applicable, the residential college manager, their lead school psychologist, the Department of Education’s Service Response (Child Protection) staff on (08) 9402 6124 or the Department of Communities on 1800 708 704.

When considering if a submission of a child concern report is warranted, please refer to the definition of ‘Child Protection Concern’ in the Definitions section of these procedures and Manage child protection at your school in Ikon (staff only).

A concern that a child has been abused may be based on but is not limited to:

  • disclosure of abuse or information provided by a child or parent
  • disclosure of abuse or information provided by a third party
  • physical and/or behavioural indicators.

The concern may be based on a number of possible indicators over time. Refer to Ikon: Recognise signs of child abuse and Indicators of abuse - factsheet (staff only)

There is no requirement to provide proof of child abuse. School psychologists provide evidence of the reasonable grounds for their concern e.g., sufficient indicators, disclosure from a child, information from a third party.

A child can be subject to a number of mandatory reports by different mandatory reporters. Multiple reports can be made for the same child if that child is subjected to abuse over a period of time.

If a school psychologist 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. School psychologists may like to refer to the Australian Psychological Society Code of Ethics.

Another mandatory reporter may form the belief, based on information received from the school psychologist, that a child is or has been the subject of sexual abuse even if the school psychologist has not formed the belief. School psychologists should be aware that they will be named in the mandatory report.

If school psychologists 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.

School psychologists are protected from civil, criminal liability or professional misconduct allegations by providing information in good faith to the Department of Communities, WA Police and/or the Standards and Integrity Directorate (SID) for the purpose of investigating child abuse.  Refer to procedure 3.10 on Confidentiality and procedure 3.11 on Information Sharing.

3.5 Report concern of physical or emotional abuse, family violence or neglect

School psychologists must:

  • document observations, information and disclosures received or discussed with staff and store these records in the student psychology file
  • report all child protection concerns to the principal and, where applicable, residential college manager
  • make a report to the Director of Education or the Standards and Integrity Directorate (SID) if the principal or residential college manager is the person alleged responsible for the abuse or may be biased towards the person alleged to be responsible for the abuse.

School psychologists 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

When considering if a submission of a child concern report is warranted, please refer to the definition of ‘Child Protection Concern’ in the Definitions section of these procedures and Manage child protection at your school in Ikon (staff only).

There is no requirement to provide proof of child abuse. The referrer needs to provide reasonable grounds for their concern.

A concern that a child has been abused may be based on but is not limited to:

  • disclosure of abuse or information provided by a child or parent
  • disclosure of abuse or information provided by a third party
  • physical and/or behavioural indicators.

The concern may be based on a number of possible indicators over time. Refer to Ikon: Recognise signs of child abuse and Indicators of abuse - factsheet (staff only).

Emotional abuse includes being exposed to family violence.

Multiple reports can be made for the same child if that child is subjected to abuse over a period of time.

If a School Psychologist 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 Communitiesas a private citizen. School psychologists may refer to the Australian Psychological Society Code of Ethics.

If school psychologists 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.

School psychologists are protected from civil, criminal liability or professional misconduct allegations by providing information in good faith to the Department of Communities WA Police and/or the Standards and Integrity Directorate (SID) for the purpose of investigating child abuse.  Refer to procedure 3.10 on Confidentiality and procedure 3.11 on Information Sharing.

3.6 Report allegation of physical, emotional or sexual abuse committed by staff

School psychologists must:

  • document and report all allegations of abuse, where a staff member is the person alleged responsible, to the principal or, where applicable, residential college manager
  • report to the Director of Education or the Department’s Standards and Integrity Directorate (SID) if the principal or residential college manager is the person alleged responsible for the abuse or may be biased towards the person alleged responsible for the abuse
  • follow reporting procedures in 3.3, 3.4 or 3.5, as applicable.

School psychologists must not:

  • interview the child
  • investigate the allegation
  • inform the person alleged to have committed the abuse that an allegation has been made.

Guidance

An allegation may concern the behaviour of a staff member towards a child who is enrolled at the referrer’s school or another school.

The allegation may concern the behaviour of a staff member towards a child during or outside of school hours.

Certain behaviour towards students, while not illegal, may not be within appropriate professional boundaries.  Refer to the Code of Conduct and Standards (staff only).

Any concerns regarding an inappropriate relationship between a staff member and a student should be referred to the Standards and Integrity Directorate. For further information refer to Report staff misconduct in Ikon (staff only).

Sexual harassment is dealt with in the Equal Opportunity, Discrimination and Harassment policy. In some cases, sexual harassment of students may also be child sexual abuse. Refer to the definition of child sexual abuse in Section 4 of these procedures. 

If school psychologists 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.

3.7 Report allegation of sexual abuse committed by a student during supervised school or residential college activities

School psychologists must:

  • report all incidents of sexual abuse committed by a student during supervised school or college activities to the principal and where applicable, residential college manager
  • follow reporting procedures in 3.2.

School psychologists 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.

Sexual behaviour within the normal developmental range is not usually an indicator of child sexual abuse.  Sexual behaviour outside of the normal developmental range may be an indicator that the child is or has been the subject of abuse, including sexual abuse. For more information, refer to Ikon: Respond to sexual behaviour in students (staff only).

If school psychologists 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.

3.8 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, school psychologists must, as a matter of priority:

  • report to the principal and where applicable, residential college manager
  • assist in developing a support plan for the student.

Guidance

A support plan may involve a risk assessment, collaboration with staff to develop a safety plan, and liaison with other agencies.

If a school psychologist has 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.

3.9 Respond to students 18 years of age and over subjected to physical or sexual assault

School psychologists must report to the principal/residential college manager 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 themselves. The principal or, where applicable, residential college manager may advise and assist the student who has been subjected to physical or sexual assault to make a WA 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/residential college manager may make a WA Police report 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 in Ikon. (staff only)

If school psychologists have any concerns regarding the student and suicidal ideation, they should seek advice and consultation to increase the safety of the student, refer to the School Response and Planning Guidelines for Students with Suicidal Behaviour and Non-Suicidal Self Injury.

3.10 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, school psychologists must:

  • report to the principal/residential college manager
  • follow reporting procedures in 3.3 or 3.4, as applicable.

School psychologists must not:

  • inform parents that a report has been made
  • investigate the allegation
  • search through a student’s portable electronic device for evidence
  • seize any portable electronic device
  • download, transmit or distribute the images
  • delete images or text
  • inform the person alleged responsible that an allegation has been made.

Guidance

Please refer to the definition of ‘Child Exploitation Material’ in Section 4 of these procedures.

Only members of the teaching staff 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 should consider 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.

If known, document the distributor and recipient/s of the images and provide this to the principal/residential college manager.

The WA Police will identify whether a child has been exploited and may interview the students, teachers, 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.

If school psychologists 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.

3.11 Respond to specific child protection concerns

3.11.1 Female genital mutilation/cutting

School psychologists must:

  • report all concerns that a student may be subjected to female genital mutilation/cutting or arrangements are being made to carry out the procedure to the principal and, where applicable, residential college manager; and
  • follow procedures in 3.5.

School psychologists must not inform the parent of the concern or the report.

Guidance

The Department of Communities has advised that employees of state government agencies should report the practice or risk of FGM/C as a form of physical abuse.  FGM/C should also be 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 must be reported to WA Police by the principal.  

For further information refer to Section 306 of the Criminal Code and Report female genital mutilation/cutting of a student in Ikon (staff only).

3.11.2 Forced marriage

School psychologists must:

  • report to the principal and, where applicable, residential college manager; 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 procedures in 3.3 or 3.4.

School psychologists must not inform the parent of the concern or the report.

Guidance

For further information refer to sections 270.7A and 270.7B of the Commonwealth Criminal Code Act (1995), the Australian Federal Police website and to Report forced marriage of a student in Ikon (staff only).

3.12 Support students affected by abuse

School psychologists must promote trauma informed frameworks and practices when supporting schools in their response to the needs of students affected by abuse.

Guidance

The principal or residential college manager may seek advice from the school psychologist on determining what actions, adjustments and supports are in the best interests of the child. Refer to the Children and Community Services Act 2004 for further information on ‘best interests of the child’.

The principal or residential college manager may request the school psychologist to provide support to plan for the engagement and wellbeing of students affected by abuse, including students who are alleged to be responsible for abuse. A support plan may involve a risk assessment, collaboration with staff to develop a safety plan, and liaison with other agencies.

Where a WA Police investigation into child abuse is occurring, the school psychologist should consult with the lead school psychologist about the provision of counselling by the school psychologist to the student concerned.  Counselling may impact on the reliability of the student’s disclosure and/or contaminate evidence. (Refer to Respond to a disclosure of abuse (staff only)

When providing direct psychological services to a student, consider the impact of possible trauma stemming from abuse and apply evidence based support and interventions. Staff involved in a supportive role should consider factors such as culture, religion, age, disability and level of maturity of the student. The impact on the student’s behaviour of trauma stemming from abuse should also be considered.

Refer to the Connect community for information and resources on trauma informed frameworks and practices (staff only).

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 school psychologists 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.

3.13 Support a student charged with harmful sexual behaviour

Lead school psychologists must:

  • upon receipt of notification from the Director of Education, made in accordance with the Multi-agency protocol for education options for young people charged with harmful sexual behaviours, support the development of a Risk Assessment and Management Plan (RAMP) for the student charged or convicted
  • detail the specific support and risk management strategies for the student charged or convicted in the RAMP
  • detail how the school related bail conditions for the student charged or convicted will be managed.

Guidance

The Multi-agency protocol for education options for young people charged with harmful sexual behaviours allows for the Western Australian Police Force to notify the Director General, Department of Education, of school aged young people who have been charged with or convicted of harmful sexual behaviours (students charged or convicted) if criteria in section 28B of the Children and Community Services Act 2004 are met and the offence is included in Schedule 1 or 2 of the Working with Children (Criminal Record Checking) Act 2004.

3.14 Communicate to parents

3.14.1 When a mandatory report or child protection concern referral has been made

School psychologists must not:

  • inform parents of a mandatory report or a child protection concern referral has been made to the Department of Communities, or to WA Police
  • disclose the identity of the reporter (if known) or the person alleged to have committed the abuse.

Guidance

No member of staff, apart from the principal/residential college manager or their nominee, is permitted to inform parents of a child abuse report. A parent may be responsible for the abuse and advising them that the school has made a child abuse report may compromise an investigation by the Department of Communities or WA Police.

3.14.2 When the belief or concern is held but a mandatory report or a child protection concern referral has not yet been made

School psychologists must not inform parents:

  • that physical or behavioural indicators have been observed in their child which have led to a 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 WA Police and/or the Department’s Standards and Integrity Directorate (SID).

Guidance

No member of staff, apart from the principal/residential college manager or their nominee, is permitted to inform parents of a child abuse report. A parent or family member may be responsible for the abuse. To inform the parent of a child protection concern may alert them and pose a further risk to the child.

School psychologists should use their professional judgement when deciding to clarify information or discuss observations with parents. It is permissible to seek clarification from a parent about an incident to assist in determining if there are reasonable grounds to form a concern or the belief that a child is being or has been subject to abuse. Document questions and responses verbatim. The WA Police and the Department of Communities may use this information in their investigations.

3.15 When a student under the age of consent discloses a sexual relationship

School psychologists must:

  • document the disclosure and provide a copy to the principal and, where applicable, residential college manager;
  • follow documentation procedures in the Professional Practice Guidelines - Records Management (staff only);
  • follow reporting procedures 3.3 or 3.4, if applicable;
  • document advice to the principal and, where applicable, residential college manager on the grounds for or against informing parents based on the best interests of the child concerned; and
  • record this information in the student psychology file.

Guidance

These procedures only apply when a disclosure has been made by the student themselves.

In Western Australia, under the Criminal Code, the legal age for people to consent to sexual activity is 16 years of age.

When a person engages in sexual behaviour with someone below the age of consent (16 years of age), this is a criminal offence under the Criminal Code and should be reported to WA Police. Sexual behaviour involving students aged 13 to under 16 years of age may not necessarily constitute sexual abuse. Consideration should be given to characteristics of the child that could be exploited - their age and developmental level, their understanding of the consequences of the behaviour and the influence of drugs or alcohol. Refer to Ikon: Form the belief that a child is or has been the subject of sexual abuse (staff only).

If a mandatory reporter forms the belief that the child is or has been the subject of sexual abuse, a mandatory report must be submitted.

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 if a mandatory report of child sexual abuse is not submitted.

The principal/residential college manager will inform the parents about the disclosure except in circumstances where informing the parents is

  • considered to be not in the best interests of the child; or
  • a report of child sexual abuse has been made.

The school psychologist may be consulted on determining the best interests of the child. Refer to the Children and Community Services Act 2004 for further information on ‘best interests of the child’.

3.16 Recordkeeping and documentation

School psychologists must:

Guidance

As per procedure 3.3, a mandatory reporter must not provide a copy of their mandatory report to the principal or residential college manager for storage or store their own copy of the report in Department of Education files. 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. Therefore, it is not necessary to keep a mandatory report and it is strongly advised that a copy of the mandatory report is not stored by the mandatory reporter.

School psychologists record decision-making and actions in student psychology files, including that:

  • Child Protection in Department of Education sites policy and procedures for school psychologists were followed
  • if a child protection report was submitted to the Department of Communities.

Where a mandatory report is made, the receipt number issued by the MRS is provided to the principal, and may also be recorded in the student psychology file.

Information relevant to a child protection report to the Department of Communities is recorded in student psychology files but not copies of child protection reports.

Where the principal or residential college manager is the person alleged responsible for the abuse, child concern referrals are stored by the Director of Education/the Manager Residential Colleges.

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 (refer to Respond to an order to produce documents to a court or WA Police (staff only).

Refer to the Professional Practice Guidelines – Records Management and Manage student psychology records in Ikon (staff only).

School Psychology records should include the identity of the staff member who has consulted about possible child abuse and making a child protection report or mandatory report.  This information may be required by the Department of Communities and/or WA Police during the course of an investigation.

Records of school psychologist support relating to child abuse stored in student psychology files may be considered exempt material in relation to requests by parents to access the information under the Freedom of Information Act 1992. This is because the records may include information that identifies or leads to the identification of the staff member who made a child protection referral or mandatory reporter which is protected under the Children and Community Services Act section 240(1).

3.17 Confidentiality

School psychologists must protect the identity of a staff member who makes a child abuse report.

When a student discloses information that leads to a concern of child abuse or family violence, school psychologists 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.

Professional confidentiality is protected when school psychologists provide information in the best interests of the child regarding possible child abuse to the Department of Communities, or other prescribed authorities who are directly involved in responding, investigating, or supporting the child.  This protection does not extend to discussion or disclosure of information to other parties who are not directly involved.

While the Act protects the identity of the reporter, there are some circumstances where the identity of the reporter may be released.  These are:

  • for the purpose of a Department of Communities assessment;
  • for investigative purposes by WA Police or to prosecute an offence;
  • for court processes such as child protection, family law or adoption proceedings;
  • with the written permission of the reporter.

The penalty for disclosing a reporter’s identity outside of these circumstances can be up to two years imprisonment and/or $24,000 fine.

For assistance regarding appropriate responses to students disclosing abuse, please refer to Respond to student disclosure of abuse in Ikon (staff only). 

3.18 Protection and support for staff who report child abuse

School psychologists who have a concern for their own safety following a child abuse report must inform the principal and, where applicable, the residential college manager, and their lead school psychologist. 

Guidance

Where there is concern for the safety of a reporter, the principal/residential college manager advises the Department of Communities and/or the WA Police and and contacts the regional education office for further advice.

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 in Ikon. (Staff only)

3.19 Information sharing

School psychologists must:

  • direct requests for information from prescribed authorities to the principal or, where applicable, the Manager Residential Colleges and the lead school psychologist
  • assist principals or Manager Residential Colleges in providing relevant information to and requesting information from prescribed public authorities, non-government service providers, non-government and Catholic schools subject to the information being relevant to the wellbeing of a child.

Guidance

Refer to Ikon for information about sharing confidential child protection information and to understand who authorised staff can share information with (staff only).

The principal or Manager Residential Colleges, in consultation with the lead school psychologist, may provide information relevant to the wellbeing of a child or request this information from prescribed public authorities, non-government service providers and non-government and Catholic schools (Children and Community Services Act 2004). This includes relevant information:

  • in cases where the Department of Communities is not involved; or
  • where there is a concern for the safety of a child subject to family and domestic violence.

The Children and Community Services Act 2004 overrides other policies, codes of conduct professional confidentiality requirements and legislation that governs the exchange of information between agencies when it is in the best interests of the child.

Relevant information relates to the wellbeing of a child or the safety of a person who has been exposed to or subjected to family and domestic violence.

The wellbeing of a child includes but is not limited to:

  • the care of child;
  • the physical, emotional , psychological and educational development of the child;
  • the physical, emotional and psychological health of the child; and
  • the safety of the child

(Section 3 of the Children and Community Services Act (CCSA) 2004)

In these circumstances, the Children and Community Services Act 2004  provides statutory protection for School Psychologists from:

  • civil or criminal liability;
  • breach of duties of confidentiality or secrecy; or
  • breach of applicable professional ethics, standards or codes of conduct.

(Section 28B Children and Community Services Act 2004)

If acting in good faith, staff are deemed not to have breached a duty of confidentiality, professional ethics or standards; or to have engaged in unprofessional conduct by providing information under s129 of the Children and Community Services Act 2004).

Exchange of information does not breach confidentiality requirements as stated in the School Education Act (1999). 

3.20 Respond to the Department of Communities requests for school psychology information

School Psychologists must:

  • direct all requests for school psychology information to the principal or, where applicable, the Manager Residential Colleges;
  • inform the lead school psychologist who will consult with the principal/Manager Residential Colleges to determine what information is relevant to the request; and
  • assist the principal/Manager Residential Colleges and verify that original documents are not sent to other key stakeholders.

Guidance

School psychology information may be provided in compliance with a request from a prescribed authority (section 28B of the Children and Community Services Act 2004).

Refer to Ikon for information about sharing confidential child protection information and to understand who authorised staff can share information with (staff only).

4. Definitions

Allied professionals are those staff employed under s235(1)(a), (c) and (d) of the School Education Act 1999. 

Allied professionals who are not categorised as school counsellors are non-mandatory reporters. When reporting any type of child abuse, including sexual abuse, these allied professionals are required to follow the procedures for allied professionals.

Allied professionals who fall within the category of school counsellor (see definition) are mandatory reporters of child sexual abuse and are required to follow the procedures for school counsellors.

Believes on reasonable grounds’ means that a reasonable person, doing the same work, would have formed the same belief on those grounds. Grounds for forming the belief are matters of which you have become aware, and any opinions in relation to those matters. 

A mandatory reporter does not have to be able to prove that harm has occurred. Professional judgement and objective observation help to identify warning signs or possible indicators of child sexual abuse and contribute to a reporter forming the belief on reasonable grounds. Knowledge of child development and consultation with colleagues or other professionals can also contribute to reasonable grounds.

Reasonable grounds may include:

  • your own observations of a child’s behaviour;
  • your own observations of the behaviour of an adult interacting with the child;
  • when a child tells you they, or another child, has been harmed;
  • when you hear about it from someone who is in a position to provide reliable information, perhaps a relative or friend, neighbour or sibling of a child who is at risk. 

Mandatory reporters must specify the grounds on which they formed the belief that a child has been, or is being, sexually abused.  

(Mandatory Reporting Guide: Western Australia)

If you are a mandatory reporter and you have not formed the belief that a child has been or is being sexually abused but are sufficiently concerned, it is recommended that you consult with staff with expertise in this area, such as the Department’s child protection consultants.

Refer to Ikon: Form the belief that a child is or has been the subject of sexual abuse and Recognise signs of child abuse in Manage child protection at your school (staff only).

Means a place used to provide residential accommodation for children while they attend a school as defined in the School Education Act 1999.  (Children and Community Services Act 2004 Section 124A).

Means a person who holds an office or position in a boarding facility; the duties of which include the supervision of children living at the facility. (Children and Community Services Act 2004 Section 124A) 

Department of Education residential settings commonly use the terms boarding supervisor and residential supervisor to describe a boarding supervisor.

A person who has not reached the age of 18 years of age and, in the absence of positive evidence as to age, means a person who is apparently under 18 years of age (Children and Community Services Act 2004 Section 124A).

Occurs when a child has been subjected to physical, sexual or emotional abuse and/or neglect which has resulted or is likely to result in significant harm to the child’s wellbeing. It may involve ongoing, repeated or persistent abuse, or arise from a single incident.

Child exploitation material is (a) child pornography; or (b) material that, in a way likely to offend a reasonable person, describes, depicts or represents a person, or part of a person, who is, or appears to be, a child (i) in an offensive or demeaning context; or (ii) being subjected to abuse, cruelty or torture (whether or not in a sexual context).

Child pornography is material that, in a way likely to offend a reasonable person, describes, depicts or represents a person, or part of a person, who is, or appears to be a child (a) engaging in sexual activity; or (b) in a sexual context

Material includes (a) any object, picture, film, written or printed matter, data or other thing; and (b) any thing from which text, pictures, sound or data can be produced or reproduced, with or without the aid of anything else.

(Child Pornography and Exploitation Material and Classification Legislation Amendment Act 2010 s216)

Sexting (sex + texting) is the sending and receiving of sexually explicit or sexually suggestive texts or images via phone or internet. (Australian Institute of Family Studies 2018)

A concern about the wellbeing of a child based on the observation of indicators or information that may lead to a concern for:

  • the care of the child;
  • the physical, emotional, psychological and educational development of the child;
  • the physical, emotional and psychological health of the child; and the safety of the child.

(s3 Children and Community Services Act 2004)

The Australian Children’s Commissioners and Guardians (ACCG) define a child safe organisation as one that consciously and systematically:

  • creates conditions that reduce the likelihood of harm occurring to children and young people;
  • creates conditions that increase the likelihood of any harm being discovered; and
  • responds appropriately to any disclosures, allegations or suspicions of harm.

Refer to Manage child protection at your school in Ikon (staff only).

The protection of personal, private and sensitive information. Professional codes of conduct and the Department’s Staff Conduct and Discipline policy reinforce the importance of protecting an individual’s privacy.

Documented Plan is an umbrella term used to describe a range of ways of catering for the educational needs of individual or smaller groups of students with identified needs. It is primarily a teaching and learning planning document and it identifies short to medium term education outcomes.

Documented Plans take a variety of forms, including: Individual education plans (IEPs); Individual behaviour management plans (IBMPs); Individual transition plans (ITP) and Risk management plans (RMP); Risk Assessment and Management Plans (RAMPs) and Documented Education Plans (DEP).

A duty imposed by law to take care to minimise the foreseeable risk of harm to another.

Occurs when an adult harms a child’s development by repeatedly treating and speaking to a child in ways that damage the child’s ability to feel and express their feelings.  Emotional abuse includes psychological abuse and being exposed to family violence.

Some examples are: constantly putting a child down; humiliating or shaming a child; not showing care, support or guidance; continually ignoring or rejecting the child; exposing a child to family violence; threatening abuse or bullying a child; threats to harm loved ones, property or pets.

Family violence is a reference to:

(a) violence, or a threat of violence, by a person towards a family member of the person; or
(b) any other behaviour by the person that coerces or controls the family member or causes the member to be fearful.

A child is exposed to family violence or personal violence if the child sees or hears the violence or otherwise experiences the effects of the violence.

Examples of behaviour that may constitute family violence include (but are not limited to) the following —

(a) an assault against the family member;

(b) a sexual assault or other sexually abusive behaviour against the family member;

(c) stalking or cyber-stalking the family member;

(d) repeated derogatory remarks against the family member;

(e) damaging or destroying property of the family member;

(f) causing death or injury to an animal that is the property of the family member;

(g) unreasonably denying the family member the financial autonomy that the member would otherwise have had;

(h) unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or a child of the member, at a time when the member is entirely or predominantly dependent on the person for financial support;

(i) preventing the family member from making or keeping connections with the member’s family, friends or culture;

(j) kidnapping, or depriving the liberty of, the family member, or any other person with whom the member has a family relationship;

(k) distributing or publishing, or threatening to distribute or publish, intimate personal images of the family member;

(l) causing any family member who is a child to be exposed to behaviour referred to in this section.

(Restraining Orders Act 1997 s5A & Restraining Orders and Related Legislation Amendment (Family Violence) Act 2016)

All procedures involving partial or total removal of the external female genitalia, or other injury to the female genital organs for non-therapeutic reasons.

Harm, in relation to a child, means any detrimental effect of a significant nature on the child’s wellbeing, whether caused by:

     (a)        a single act, omission or circumstance; or

     (b)        a series or combination of acts, omissions or circumstances;

Children and Community Services Act 2004

In Western Australia, the legislation covering mandatory reporting of child sexual abuse in Western Australia is the Children and Community Services Act 2004.

Under section 124B of the Children and Community Services Act 2004, a specified person whose duty to report child sexual abuse (a Mandatory Reporter) is a person who is working in their role either paid or in a voluntary capacity as a Department of Communities assessor or a department officer, midwife, nurse, police officer, boarding supervisor, doctor, minister of religion, out of home care worker, teacher, psychologist and school counsellor.

For the purposes of the legislation, ‘teacher’ is defined as any person registered under the Teacher Registration Act 2012 with the Teacher Registration Board of WA or with Provisional Registration, or Limited Registration and is working as a teacher.

For the purposes of the legislation, ‘boarding supervisor’ is defined as ‘a person who holds an office or position at a boarding facility the duties of which include the supervision of children living at the (boarding) facility’. 

For the purposes of the legislation, ‘psychologist’ is defined as a person who is registered under the Health Practitioner Regulation National Law (WA) Act 2010 in the psychology profession (other than as a student).

For the purposes of the legislation, school counsellor’ is defined as an adult who is employed or engaged in a school (as defined in the School Education Act 1999 section 4) to provide counselling or pastoral care to children who attend the school.  It does not include adults employed or engaged as a student or volunteer.

Staff who are registered under the Teacher Registration Act 2012 with the Teacher Registration Board of WA, and who are not a mandatory reporter of child sexual abuse are required under this policy to report child sexual abuse to the principal

Section 124B of the Children and Community Services Act 2004

Duty of certain people to report sexual abuse of children

   (1)  A person who —

                  (a)     is a person specified in the Table (a specified person); and

Table

assessor boarding supervisor
departmental officer doctor
midwife minister of religion
nurse out‑of‑home care worker
police officer teacher
school counsellor psychologist

Early childhood worker (commencement day

1 November 2024)

Youth Justice Worker

(commencement day

1 May 2025)

 

                  (b) believes on reasonable grounds that a child —

                               (i)     has been the subject of sexual abuse that occurred on or after commencement day; or

                              (ii)     is the subject of ongoing sexual abuse;

                           and

                  (c)     forms the belief:

                               (i)     in the course of the person’s work (whether paid or unpaid) as a specified person; and

                              (ii)     on or after commencement day,

                    must report the belief as soon as practicable after forming the belief.

                    Penalty for this subsection: a fine of $6 000.

Commencement day is the date on which the person becomes a mandatory reporter under the legislation. The duty to report sexual abuse applies if the reporter forms the belief on or after commencement day. Commencement day varies for different reporter groups.

In a school context, the duty to report sexual abuse applies to a teacher, boarding supervisor, psychologist or school counsellor working in their role either in a paid or voluntary capacity.

If the belief that a child is or has been the subject of sexual abuse is formed when not working in their role, then there is no legal duty to report. However, a report to the Department of Communities can be made voluntarily.

 

Neglect includes failure by a child’s parents to provide, arrange, or allow the provision of —

     (a)        adequate care for the child; or

     (b)        effective medical, therapeutic or remedial treatment for the child.

Children and Community Services Act 2004.

Omission of care (from the Department of Communities Neglect policy 2021).

When a child does not receive adequate food or shelter, medical treatment, supervision, care or nurturance to the extent that their development is harmed, or they are injured.

Cumulative harm (from the Department of Communities Neglect policy 2021).

Refers to the effects of multiple adverse or harmful circumstances and events in a child’s life. The unremitting daily impact of these experiences on the child can be profound and exponential, and diminish a child’s sense of safety, stability and wellbeing.

It is possible to have cumulative abuse (multiple events over time) that results in harm that is cumulative in nature (the impact of the events has been cumulative).

In a school context, all staff who are not working in the role of a teacher, psychologist, school counsellor or boarding supervisor are non-mandatory reporters.

When reporting child sexual abuse, non-mandatory reporters are required to follow the procedures for allied professionals.

In relation to a child, is a person who at law has responsibility for the long-term care, welfare and development of the child; or the day-to-day care, welfare and development of the child.

Occurs when a child is severely and/or persistently hurt or injured by an adult or a child's caregiver. It may also be the result of putting a child at risk of being injured.  

Some examples are: hitting, shaking, punching; burning and scalding; excessive physical punishment or discipline; attempted suffocation; or shaking a baby.

Strategies that promote self‑management, emotional awareness and interpersonal problem‑solving skills that reduce risk factors and promote protective factors to ensure the wellbeing of children and young people. 

A personal safety program designed to equip children with the knowledge and skills to act in ways that reduce the likelihood of abuse occurring and help them to report abuse and to seek help if abuse occurs. 

A psychologist is defined as a person who is registered under the Health Practitioner Regulation National Law (WA) Act 2010 in the psychology profession (other than as a student).

Psychologists are mandatory reporters. When reporting any type of child abuse, including child sexual abuse, school psychologists are required to follow the procedures for school psychologists.

A place used to provide residential accommodation for children while they attend a school as defined in the School Education Act 1999 section 4.

Also referred to as a boarding facility and does not include private arrangements.

The residential college manager has the same mandatory reporting responsibilities as a boarding supervisor and is responsible for the line-management of other boarding supervisors and operations in a residential setting.  Department of Education residential settings commonly use the terms residential college manager, college manager or head of residence to describe a residential college manager.

A place used to provide residential accommodation and related services for students while they attend, and participate in an educational programme of, a school as defined in the School Education Act 1999 section 4, 213A and 213B.  Also referred to as a student residential college or boarding facility and does not include private arrangements. 

An activity that is organised or managed by a boarding supervisor as part of his or her duties.

An activity that is organised or managed by a teacher as part of his or her duties.

A school counsellor is defined as an adult who is employed or engaged in a school (as defined in the School Education Act 1999 section 4) to provide counselling or pastoral care to children who attend the school.  It does not include adults employed or engaged as a student or volunteer. (Children and Community Services Act 2004)

In the Department of Education, school counsellors are allied professionals and third-party providers with either of the terms ‘pastoral care’ or ‘counselling’ listed in their job title, JDF or relevant service agreement.  This includes Aboriginal and Islander Education Officers and some third-party providers including school chaplains, student wellbeing officers and providers of engagement programs for Aboriginal students, engaged through a formal service agreement with the Department of Education.

School counsellors are mandatory reporters of child sexual abuse. When reporting any type of child abuse, including child sexual abuse, school counsellors are required to follow the procedures for school counsellors.

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 2004)

Some examples are: letting a child watch or read pornography; allowing a child to watch sexual acts; touching a child’s genitals; oral sex with a child; sexual assault (including sexual touching or vaginal or anal penetration that is non‑consensual); and using the internet to find a child for sexual exploitation.

Sexual harassment under the Equal Opportunity Act 1984 (WA) occurs when a person makes an unwelcome sexual advance or request for sexual favours, or engages in other unwelcome conduct of a sexual nature, towards another person and that person is disadvantaged, or has reasonable grounds for believing he or she will be disadvantaged, by taking objection. Sexual harassment is unlawful in the areas of employment, education, and accommodation.

All employees of the Director General of the Department of Education.

A place used to provide residential accommodation and related services for students while they attend, and participate in an educational programme of, a school as defined in the School Education Act 1999 section 4, 213A and 213B.  More commonly known as residential setting.

5. Related documents

6. Contact information

Policy manager:

Director, Student Engagement and Wellbeing 

Policy contact officer:

Principal Consultant

T: (08) 9402 6248

7. History of changes

Effective date Last update date Procedure version no.
25 July 2017 3.0
This new procedure supports the Child Protection Policy. Endorsed out-of-session by the Director General at Corporate Executive and ratified on 30 June 2017.
25 July 2017 25 July 2017 3.1
Minor corrective changes as requested by Corporate Executive out-of-session and ratified on 30 June 2017.
25 July 2017 3 October 2018 3.2
Minor changes to title D18/0435848, reference to Public Schools D18/0151652 and updated legislation links D18/0207680.
13 August 2019 3.3
Major changes approved by the Director General on 26 July 2019. D19/0349313
13 August 2019 19 January 2021 3.4
Minor changes to replace the Regional Executive Director position title with Director of Education D20/0647278.
13 August 2019 8 July 2022 3.5
Minor updates to terminology, definitions and links as per D22/0519053.
13 August 2019 22 September 2023 3.6
Minor change to update link to MOU D23/1550610
13 September 2023 6 October 2023 3.7
Minor changes to update contact details D23/1582068
1 May 2024 3.8
Major changes to reflect Children and Community Services Amendment Act 2021 approved by Director General on 11 April 2024

9. More information

This procedure:

Download procedure PDFChild Protection in Department of Education Sites Procedures for School Psychologists v3.8

Please ensure you also download the policy supported by this procedure.


Supported policy:

Download Policy PDFChild Protection in Department of Education Sites Policy


Procedure review date

25 July 2020