Child Protection in Department of Education Sites Procedures for School Psychologists

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.

Guidance

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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’.

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).

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). 

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)

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). 

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).