Child Safety Framework

The Office of the Children’s Guardian is a statutory NSW government agency that oversees organisations that provide services to children. The powers and functions of the Children's Guardian are defined in the Children’s Guardian Act 2019.

The role of the Office of the Children’s Guardian is to:

• regulate and oversee select child‑related organisations and certain employers of children to keep children safe
• administer worker screening checks to identify those who should be prevented from working with children and people with disability
• ensure out-of-home care agencies meet essential standards in relation to the care they provide
• be a leading authority on child safety, shaping NSW and Australian policy and practice.

The Office of the Children’s Guardian is responsible for overseeing the Child Safe Scheme. The OCG has a strong focus on education and capability building to help organisations put their child safe foundations in place.

But, if necessary, they can take enforcement action to make sure organisations comply with the Scheme to keep children safe.

In February 2022, new laws were introduced to create the NSW Child Safe Scheme. These laws aim to make sure that organisations in NSW are doing everything they can to keep children safe.

Under the Children’s Guardian Act 2019, it is mandatory for certain organisations to comply with the Child Safe Scheme if they provide services to children, or if adults have contact with children in their organisation.

The Child Safe Scheme is built on ten Child Safe Standards. These standards are principle-based and are designed to keep children safe by creating organisations that help prevent, detect and respond more effectively to harm and abuse, if it occurs.

Applying the Standards means that the best interests of children are always at the forefront, child abuse is never tolerated, and every child’s rights are respected. Concerns about child safety are taken seriously, and everyone is empowered to report abuse without obstruction. Applying the Standards also ensures UNE is complying with the legal obligations of the Child Safe Scheme.

UNE will apply these standards in a way that best fits our environment, community and how UNE interacts with children and young people. This means tailoring our approach to suit our organisation.

The Child Safe Standards provide a framework for creating child safe organisations. They are designed to drive cultural change to create, maintain and improve child safe practices. When organisations apply the Standards, they build a culture where abuse of children is prevented, responded to and reported.

The Standards are based on the extensive research and consultation by the Royal Commission into Institutional Responses to Child Sexual Abuse. They provide clear guidance for UNE to create a culture, adopt strategies and act to put the interests of children first to keep them safe from harm.

As UNE works with children, we are implementing the Child Safe Standards and continually working to improve our child safe practices.

Guide to Child Safe Standards provides further in-depth information about the 10 standards including the aim, what we should be doing, why it is important, and ways we know we are meeting each standard.

Children’s Guardian Act 2019 No. 25 Includes powers and functions of the Office of the Children’s Guardian, Child Safe Scheme, Child Safe Standards, and Reportable Conduct.

Children’s Guardian Regulation 2022 Includes residential care workers register, out-of-home care, specialised substitute residential care, adoption, child employment.

Child Protection (Working with Children) Act 2012 No 51 Includes restrictions of child related work, child-related work, working with children's clearances, working with Children Register, and determination of applications.

Child Protection (Working with Children) Regulation 2013 Supports the Child Protection (Working with Children) Act 2012 No 51 including definitions, child related work, clearances, and exemptions of workers and employers from the Act.

Children and Young Persons (Care and protection) Act 1998 No 157 Includes request for assistance and reports, children and young persons in need of care and protection, children’s court proceedings, and support for children and young persons in crisis.

Children and Young Persons (Care and Protection) Regulation 2012 Supports the Care and Protection Act including provisions relating to care plans, guardianship orders and medical examinations and treatments.

Child Protection (Offender Registration) Act 2000 Requires offenders who have been convicted and sentenced for certain offences involving children or child abuse material to register with police when they re-enter the community. Further information about the Child Protection Register can be found on the NSW Police Force website.

The Australian Government National Office For Child Safety oversees the implementation of Australia’s National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030 (National Strategy). The National Strategy is an initiative of the Australian, state and territory governments, and considers child sexual abuse in all settings, including within families, online and within organisations.

The National Principles for Child Safe Organisations set out a nationally consistent approach to promoting a culture of child safety and wellbeing within organisations. The principles give effect to the child safe standards that were recommended by the Royal Commission and bring attention to general child safety and wellbeing issues.

The National Principles give effect to the child safe standards recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission). The National Principles set out a nationally consistent approach to creating organisational cultures and practices that promote the safety and wellbeing of children in Australia. The National Principles include information on how to implement them in practice, through key actions and performance measures.

Child Protection Policy This policy relates specifically to the protection of children (see definitions below) from any type of exploitation and abuse in the delivery of these activities (whether delivery is virtual, online or in person) and recognises that exploitation and abuse is met with disciplinary and commercial sanctions as well as criminal penalties under Australian law (and where it applies, under extra-territorial laws).

Child Protection Procedure These procedures provide a framework to operationalise the UNE Child Protection Policy which advocates UNE's intolerance of any act of Child abuse or exploitation. The procedures are based upon best practice in relation to the professional work that UNE Representatives, Students and other representatives undertake in the support, nurturing and education of children in their operations at UNE, as well as outside the University.

Code of Conduct The Code of Conduct (the Code) for the University of New England establishes principles to be applied by UNE Representatives in their activities and behaviour. As the University is a public sector entity, UNE Representatives are expected to serve the public interest, including through showing leadership and contributing to the public good, promoting academic freedom and a supportive, respectful, safe and healthy environment for our staff and students and engaging in ethical business practices with our partners, aligned with our values as in our strategic plan.

Domestic Violence Guidelines The purpose of these Guidelines is to assist the University in responding effectively to circumstances of domestic violence. The guidelines specify both the entitlements and obligations UNE representatives, as defined, are to comply with or afford when dealing with Domestic Violence issues.

Residential College Code of Conduct This Code outlines the principles, expectations and rules for the conduct of all College Members at the University of New England (UNE). College Members agree to abide by this Code when entering into an accommodation agreement with the Colleges.

Enterprise Agreements An enterprise agreement is a written agreement that that sets out the terms and conditions of employment for specified groups of employees. Enterprise Bargaining is carried out between UNE and the Unions (CPSU and NTEU) to determine the Agreements. UNE has two agreements; one that covers Professional Staff, and one that covers Academic Staff and English Language Teaching Staff. The Agreements are supported by a range of UNE Rules, Procedures and Policies.

Student Behavioural Misconduct Rules These rules outline the principles and expectations for the behaviour of all students at the University of New England on University premises or at activities (including excursions) sponsored, or participated in, by the University.

Student (related) Grievance Policy This policy addresses the requirements relating to grievance handling required under the Tertiary Education Quality and Standards Agency Act, the Educational Services for Overseas Students Act and the recommendations contained within the NSW Ombudsman Complaint Handling at Universities: Best Practice Guidelines.