Student Protection Reporting Requirements from 29 January 2013

1. Student Protection Reporting Requirementsfrom29 January 2013

2. Session Overview Understanding the legislation guiding reporting student protection concerns Understanding the changes to reporting from 2013 Review of reporting processes Knowing where to access information and resources Applying knowledge in case scenarios Self-care and staff support

3. Understanding the Legislation In Queensland, Non-state Schools are guided by two key pieces of legislation around reporting student protection concerns. These are: The Education (General Provisions Act) 2006; and The Education (Accreditation of Non-State Schools) Regulation 2001

4. Understanding the Legislation (cont'd) Specifically: The Education (General Provisions) Act 2006 mandates that the sexual abuseor likely sexual abuse of a student under 18 must be reported to Police The Education (Accreditation of Non-State Schools) Regulation 2001 requires that Non-State Schools have written processes for reporting harm to students (irrespective of the source) to the relevant state authority, and reporting inappropriate behaviour by staff members towards students to the Principal

5. What has changed in 2013? Prior to 29 January 2013, section 366 of the Education (General Provisions) Act 2006 mandated that the sexual abuse of a student under 18 by any person be reported to Police. As of 29 January 2013, a new section 366A has been introduced into the Education (General Provisions) Act 2006 which mandates that the likely sexual abuse of a student under 18 must also be reported to Police.

6. Some specifics Commencing on 29 January 2013, where a staff member (the first person) reasonably suspects that a student is likely to be sexually abused, they must immediately report the suspicion to the School Principal or Director of the Governing Body. The Principal or Director of the Governing Body must then immediately forward the report to Police. If the first person is the School Principal, then the Principal must immediately submit a report to Police, then forward a copy of the report to the Director of the Governing Body.

7. Some specifics (cont'd) If the suspicion of likely sexual abuse involves an allegation against the School Principal, then the first person must immediately submit the report to the Director of the Governing Body. The Director of the Governing Body must then immediately forward the report to Police.

8. Who is the Director of the Governing Body? The Director of the Governing Body is currently the Bishop of the Diocese of Toowoomba. Reports to the Director of the Governing Body are made through sending the report to the Bishop’s Office in Toowoomba.

9. Mandatory Reporting requirements The legal obligation to report sexual abuse or likely sexual abuse of a student under 18 years is limited to a reasonable suspicion formed “in the course of the staff member’s employment at the school” Whilst the law mandates the reporting of sexual abuse or likely sexual abuse of students under 18, the Toowoomba Catholic Education reporting procedures apply to all students, regardless of age

10. Mandatory Reporting requirements Am I protected when making a report? The law also ensures that staff members reporting a reasonable suspicion of sexual abuse or likely sexual abuse of a student under these provisions will not be liable under a civil, criminal or administrative process

11. Mandatory Reporting requirements What if I don’t make a report? It is an offence for a staff member to fail to report sexual abuse of a student under 18 years and the law establishes a maximum penalty of $2,000. However, it is not an offence for a staff member to fail to report the likely sexual abuse of a student under 18 However, if an employee fails to report an incident of harm or likely harm including sexual abuse or likely sexual abuse of a student, they may be subject to disciplinary procedures for not complying with Diocese of Toowoomba Catholic Education Office Student Protection Policy and Procedure student protection processes. If the staff member is a registered teacher, there may also be consequences imposed by the Queensland College of Teachers for failure to report

12. Some important definitions: Sexual abuse, in relation to a relevant person, includes sexual behaviour involving the relevant person and another person in the following circumstances : (a) the other person bribes, coerces, exploits, threatens or is violent toward the relevant person (b) the relevant person has less power than the other person (c) there is a significant disparity between the relevant person and the other person in intellectual capacity or maturity Education (General Provisions) Act 2006, section 364

13. Some important definitions (cont'd): The following additional advice is offered to assist staff members around understanding sexual abuse of students: activity between peers may also be abusive, especially if the relationship is coercive, forceful, degrading or threatening. The involvement of any staff member, other employee or volunteer within a school in sexual activity with, or sexual exploitation of, a student attending that school is always to be regarded as sexual abuse.

14. Some important definitions (cont'd): What is harm caused to a student under 18 (1) Harm, caused to a student under 18 years, is any detrimental effect of a significant nature on the student’s physical, psychological or emotional wellbeing (2) It is immaterial how the harm is caused (3) Harm can be caused by: (a) physical, psychological or emotional abuse or neglect; or (b) sexual abuse or exploitation Section 3 of the Education (Accreditation of Non-State Schools) Regulation 2001

15. Some definitions (cont'd): What is a “reasonable suspicion” of harm or abuse? A “reasonable suspicion” is a suspicion that would be formed by a reasonable person based on a reasonable view of the evidence available to them.

16. Forming a reasonable suspicion

17. Reporting requirements summary The mandatory requirement to report the sexual abuse or likely sexual abuse of a student under 18 years by “another person” under the Education (General Provisions Act) 2006 to Queensland Police The requirement to report harm to a student, irrespective of the source of harm, to the “relevant state authority” under the Education (Accreditation of Non-State Schools) Regulation 2001 The requirement to report inappropriate behaviour of a staff member towards a student under the Education (Accreditation of Non-State Schools) Regulation 2001

18. How do I make a report? Toowoomba Catholic Education uses 4 form types for reporting sexual abuse & likely sexual abuse, harm and inappropriate behaviour by staff members and volunteers: A Category 1 Section 366 & 366A Mandatory Reporting Form, used to report sexual abuse or likely sexual abuse by another person ACategory 1 Section 10 Mandatory Reporting Form, used for reporting harm or risk of harm by any person, including self harm, (excluding sexual abuse or risk of sexual abuse) A Category 2 Professional Misconduct Mandatory Reporting Form, used to report professional or criminal misconduct by a staff member or volunteer ACategory 3 Minor Incident Mandatory Reporting Form, used to report a minor incident involving staff member or volunteer

19. How do I access the forms and other material? The Student Protection Policy and Procedure and the reporting forms are available Catholic Education Office internet page: https://ceo.twb.catholic.edu.au/Pages/default.aspx

20. What process does a staff member follow? Where a staff member has formed a reasonable suspicion that a student has been sexually abused or is likely to be sexually abused, harmed (or is at risk of harm) or has experienced inappropriate behaviour by a staff member or volunteer, the staff member as the “first person” should complete the appropriate form and submit this immediately to the School Principal Where the allegation concerns sexual abuse or likely sexual abuse by the Principal, the report should be submitted directly to the Director of the Governing Body Where guidance is required, staff members can access the School Student Protection Contacts, the School Principal or the Student Protection Officer at the Catholic Education Office

21. Applying the student protection policy and procedure in practice Break into groups and discuss whether what is happening to students in the following scenarios is “reasonable grounds” to suspect: harm? likely harm? sexual abuse? likely sexual abuse? staff inappropriate behaviour? Give a rationale for your answer. What would you do?

22. Scenario 1 Two 6 year old boys are discovered in the school toilets looking at each other’s genitals. One boy says that the other boy touched his penis and the other boy asks the teacher not to tell his mum.

23. Scenario 2 A mother of a student (Toby, 8 years) in your class came to tell you the following story about Andy (8 years) another student in his class. She stated that her son (Toby) had told her that Andy approached Toby while in the toilets and asked Toby whether he would lick Andy’s penis. Andy told Toby he knows how boys had sex and went on to explain oral and anal intercourse and asked Toby to put his penis into Andy’s anus.

24. Scenario 3 You overhear two 8 year old girls in your class telling other students that a teacher has been buying them free drinks and ice creams from the local shop. When you speak with the girls they tell you that the teacher has given them each an iPod because he thinks they are so special but told them not to tell anyone. The girls said that the teacher also tells them to come into the teacher’s classroom after school if they wanted help with their homework or even if they wanted to chat. The teacher has offered to ask their parents if the teacher can take them to the movies in the holidays. The girls said that the teacher always tells them how pretty they are and what great bodies they have.

25. Scenario 4 Four year 8 female students approached you and told you that another year 8 female student (Rebecca) had sent naked photos of herself to a boy at the local boys college. The students advise you that Rebecca sent the photographs after repeated texts from the boy asking her to do so, offering her phone credit if she sent them. They also said that the boys had then sent them on to 4 other boys at another local high school. They also tell you that Rebecca is very upset and is talking about killing herself.

26. How do I access more information and support? Managing disclosures from students, and suspicions of harm, sexual abuse and inappropriate behaviour can be challenging. The Employee Assistance Program (EAP) is available to all staff via Centacare, offering free confidential counselling and advice. More information can be gathered through your School Student Protection Contacts and Principal. Resources and support are available through the Student Protection page of the Intranet, and through contacting the Student Protection Officer at the Catholic Education Office.

27. “Student Protection is everyone’s responsibility”