DGD13-037
Child Protection Policy
Policy Statement
ACT Health takes its responsibility for protecting children and young people extremely
seriously and therefore requires ALL its staff to report suspicions of ALL forms of abuse and
neglect.
ACT Health staff must comply with:
1. The requirements of the Children and Young People Act 2008 (the Act).
This is the law in the ACT relating to the care and protection of children and young
people. Section 356 of the Act makes it mandatory for certain groups of people
(including certain ACT Health staff) to make a report to Care and Protection Services
when they believe on reasonable grounds, during the course of their work, that a child or
young person has experienced or is experiencing sexual abuse or non- accidental physical
injury.
The Children and Young People Act 2008 also has other sections that refer to prenatal
reporting (Section 362) and voluntary reporting (Section 354).
2. The ACT Health requirement to report suspicions of all other forms of abuse, including
neglect and emotional abuse. These obligations arise as a condition of employment and
must be complied with regardless of whether or not the employee is mandated under
the Act to report such suspicions.
This policy should be read in conjunction with the:


Child Protection Standard Operating Procedure (SOP); and
Child Protection Practice Paper.
Purpose
Reporting begins the process of protection… the victims of child abuse and
neglect are usually too young or too frightened to obtain protection for
themselves. They can be protected only if a concerned individual recognises
the danger and reports it to the proper authorities.
Besharov, 1990:34
This policy establishes the guiding principles, responsibilities and legislative basis for
ACT Health staff to protect unborn children, children and young people aged 0 and up to
18 years.
This policy aims to improve the protection of children by assisting both clinical and nonclinical ACT Health staff to understand and fulfil their responsibilities in relation to child
protection.
Doc Number
DGD13-037
Issued
Sep 2013
Review Date
Sep 2016
Area Responsible
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Child Health Policy
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Guiding principles for protecting children include:
 The best interest of the child is paramount;
 Child abuse and neglect is a crime;
 Child abuse and neglect will not go away without intervention;
 Children are vulnerable and need members of the community to support, advocate and
protect them, even if their parents or carers cannot or do not do so;
 Listening to children and advocating on their behalf is an important role for ACT Health
staff;
 Protecting children is a shared community responsibility;
 Supporting children and families and intervening early improves long-term outcomes for
children;
 ACT Health staff are mandatory reporters and are legally bound to report suspicions of
child physical and sexual abuse.
 ACT Health staff are also required to report suspicions of all other forms of abuse,
including neglect and emotional abuse.
 It is mandatory for all ACT Health staff to attend child protection training.
Scope
This Child Protection Policy and related SOP applies to all ACT Health staff.
Evaluation
Outcome Measures

ACT Health supports the protection of children and young people from harm.

Staff fulfil mandatory reporting requirements.
Method

Establish a program to conduct clinical audits to ascertain compliance with the policy and
legislative requirements for reporting child abuse and neglect.

Annual audit of compliance with staff mandatory training requirements.

Ongoing qualitative evaluation of staff training course delivery and resources.

Annual review of the Child Protection Advisory Committee work plan.

Data provided by the child protection training officers and the Capabiliti system will be
reported to the ACT Health Executive Council through the annual Board Assurance on
Compliance e-System (BaCES) child protection policy compliance report in October each
year.

Child protection training officers report through the Child Protection Advisory
Committee (CPAC).

Incidents related to this policy are reported via the Clinical Incident Reporting System
Riskman. Incidents are reviewed and corrected actions are reported via relevant
departments in line with continuous quality improvement processes.
Doc Number
DGD13-037
Issued
Sep 2013
Review Date
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Related Policies and Standards
In addition to finding the documents below on the online
Policy Register, staff can also access them by clicking the
child protection button (at left) on the top right hand side of the
ACT Health intranet homepage.
Child Protection Standard
Operating Procedure (SOP)
(ACT Health)
The SOP establishes the guiding
principles, responsibilities and
legislative basis for ACT Health
employees to protect unborn
children, and children and young
people aged 0 to 18 years.
Hyperlink
Child Protection Practice
Paper
(ACT Health)
The Practice Paper provides
detailed information on child
protection to assist ACT Health staff
to fulfil their role in protecting
children and young people, be
child-centred in their practice, and
promote the best interests of the
child.
Hyperlink
Neglect of medical needs
of children and young
people Standard
Operating Procedure (SOP)
(ACT Health)
The SOP establishes the
responsibilities and legislative basis
for ACT Health staff to protect
children and young people whose
medical needs are being neglected.
Under development
Child Protection Factsheets
(ACT Health)

Factsheet 1:
Information Sharing
This Factsheet provides
information on what information
sharing is permitted between ACT
Health staff and Care and
Protection Services
Information Sharing

Factsheet 2: Prenatal
Reporting and Pre-birth
Alerts
This Factsheet provides
information on prenatal reporting,
prenatal information sharing and
pre birth alerts.
Prenatal Reporting and Prebirth Alerts

Factsheet 3 Making a
Child Protection Report
to CPS
This Factsheet provides
information on how to make a child
protection report to Care and
Protection Services.
Doc Number
DGD13-037
Issued
Sep 2013
Review Date
Sep 2016
Making a Child Protection
Report to Care and
Protection Services (CPS)
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Related Policies and Standards – continued Child Protection Reporting
Form
(ACT Health)
The Reporting Form is completed
http://inhealth/SearchCenter/Pages/PPR
by ACT Health staff and faxed or
searchresults.aspx?k=Child%20Pr
sent to the Care & Protection
otection%20Reporting%20Form
Services. Completed forms are
filed on client files.
Guide to Public Health
Officers responding to
notifications of sexually
transmittable infections in
children and young people
(ACT Health)
To provide guidance to Public
Health Officers (PHOs) in
understanding their
responsibilities, as mandatory
reporters and as ACT Health staff,
when they receive a laboratory
notification of a child or young
person with a sexually
transmissible infection (STI).
Hyperlink tba
Family Violence Policy
(ACT Health)
Under development for release in
2013/14
Under development
National Framework for
Protecting Australia’s
Children 2009-2020
The National Framework aims to
build parenting and community
capacity to care for children and
reduce child abuse over time.
www.fahcsia.gov.au/ourresponsibilities/families-andchildren/publicationsarticles/protecting-childrenis-everyones-business
Children and Young
People Act 2008
This ACT legislation provides for and
promotes the wellbeing, care and
protection of children and young
people
www.legislation.act.gov.au/
a/2008-19/default.asp
Domestic Violence and
Protection Orders Act
2008
This ACT legislation aims to prevent
violence between family members
and others who are in a domestic
relationship and to facilitate the
safety and protection of people who
fear or experience violence.
www.legislation.act.gov.au/
a/2008-46/default.asp
Related Legislation
Education Act 2004
Doc Number
DGD13-037
This ACT legislation promotes
compulsory education and states the
responsibilities of parents and the
government in relation to education
and the principles and values for
government and non-government
school education and home education
Issued
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Review Date
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www.legislation.act.gov.au/a/2
004-17/default.asp
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Related Legislation – continued -
Freedom of
Information Act 1989
This ACT legislation aims to extend as
far as possible the right of the
Australian community, to access
information in the possession of the
Territory.
Health Records
(Privacy and Access)
Act 1997
This ACT legislation aims to provide
for privacy rights in relation to
personal health information; and to
provide for the integrity of records
www.legislation.act.gov.au/a/
containing personal health
1997-125/default.asp
information; and to provide for access
to personal health information
contained in health records.
Human Rights Act
2004
This ACT legislation aims to respect,
protect and promote human rights.
www.legislation.act.gov.au/a/
2004-5/default.asp
Legislation Act 2001
This ACT legislation aims to make
legislation more accessible by
encouraging access to legislation
through the internet and assisting
users of legislation to find, read,
understand and use legislation.
www.legislation.act.gov.au/a/
2001-14/default.asp
www.legislation.act.gov.au/a/
alt_a1989-46co/default.asp
Privacy Act 1988
This Commonwealth legislation covers
the ACT and makes provision to protect
the privacy of individuals, and for related
purposes.
www.comlaw.gov.a
u/ComLaw/Legislati
on/ActCompilation1.
nsf/0/97BD1BC0103
3A306CA2571A0000
08DBD?OpenDocum
ent
Public Advocate Act
2005
This ACT legislation provides for the
appointment of a public advocate, and
for related matters.
www.legislation.act.gov.au/
a/2005-47/default.asp
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References, resources and further reading
Keeping Children and Young
People Safe – A shared
This is a guide to reporting child
community responsibility
abuse and neglect in the ACT.
(November 2012)
www.dhcs.act.gov.au/__dat
a/assets/pdf_file/0020/201
935/Keeping_Children_You
ng_People_Safe_Nov2013_
DesignerVersion.pdf
Help Break Down the Wall:
Community Attitudes
Survey - Summary of
Results National
Association for the
Prevention of Child Abuse
and Neglect (NAPCAN)
This national survey gauges
community attitudes to child abuse
and neglect across Australia and
identifies inhibitors to action.
www.preventingchildabuse.
com.au/public/pdfs/NAPCA
N_Survey_Report_FINAL_4
_June_2010.pdf
ACT Children’s Plan
The plan has a vision that Canberra
is a child and youth friendly city that
supports all children and young
people to reach their potential,
make a contribution, and share the
benefits of our community.
www.children.act.gov.au/p
ublications.htm
ACT Young People’s Plan
The plan is a statement of
commitment by the ACT
Government to work in partnership www.youth.act.gov.au/cms
with young people and key
/index.php?page=publicatio
stakeholders to improve outcomes
ns
for young people in the ACT aged 12
to 25 years.
Canberra Social Plan
The plan articulates the
ACT Government’s commitment to
collaboration and strengthening
partnerships as the cornerstone of
an inclusive community, and
provides direction for planning and
service delivery.
Doc Number
DGD13-037
Issued
Sep 2013
Review Date
Sep 2016
www.cmd.act.gov.au/policy
strategic/socialplan
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DGD13-037
Definition of Terms
Aboriginal means a person who—
(a) is a descendant of the indigenous inhabitants of Australia; and
Aboriginal
(b) either—
(i) for any person—regards himself or herself as an Aboriginal; or
(ii) if the person is a child—is regarded as an Aboriginal by a
parent or family member; and
(c) is accepted as an Aboriginal by an Aboriginal community.
Abuse of a child or young person, means—
(a) physical abuse; or
(b) sexual abuse; or
(c) emotional abuse (including psychological abuse) if the child or young person
has experienced the abuse or is experiencing the abuse in a way that has
caused or is causing significant harm to his or her wellbeing or development;
or
Abuse
(d) emotional abuse (including psychological abuse) if—
(i) the child or young person has seen or heard the physical, sexual or
psychological abuse of a person with whom the child or young person
has a domestic relationship, the exposure to which has caused or is
causing significant harm to the wellbeing or development of the child
or young person; or
(ii) if the child or young person has been put at risk of seeing or hearing
abuse mentioned in subparagraph (i), the exposure to which would
cause significant harm to the wellbeing or development of the child
or young person.
Adult
Adult means someone who is 18 years old or older.
Age of consent means:
(a) to sexual intercourse – sixteen years of age for both heterosexual and
homosexual relationships;
(b) to medical care – is variable.
NOTE: The High Court has determined that the ability to consent to medical
treatment accrues as the child ages and matures.
Age of consent
Initially, the power to consent rests with the parents as a result of parental
responsibility and as the child becomes a teen they gradually assume that
responsibility and power from their parents, in accordance with their maturity.
Whether a particular child can consent to medical treatment will thus depend
upon the age and apparent maturity of the child, and also upon the nature of the
procedure. For example, irreversible operations such as sterilisation may never
be within the power of a child to consent. The High Court has held that such an
irreversible operation would require the consent of the Family Court.
Assessment order means a care and protection assessment.
Assessment order
Doc Number
DGD13-037
NOTE: The term "assessment" has a much wider, but still clearly defined, role in
health. There are many different forms of health assessment such as physical and
mental health assessments, developmental assessments and progress
assessments.
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DGD13-037
Definition of Terms – continued Care and protection assessment of a person—
(a) means any of the following carried out by an authorised assessor for
section 438 (Care and protection assessment—authorisation of assessors):
(i) a medical examination or test of the person;
(ii) a dental examination or test of the person;
(iii) a social assessment of the person;
(iv) a paediatric or developmental assessment of the person;
Care and protection
assessment
(v) a psychological examination or test of the person;
(vi) a psychiatric examination or test of the person;
(vii) if the person is a parent or other person with parental
responsibility—an assessment of the person’s parenting
capacity; but
(b) does not include an assessment, examination or test that—
(i) involves surgery; or
(ii) is prescribed by regulation.
Care and protection
application
Care and protection application means an application for a care and protection
order.
Care and protection
order
Care and protection order means an order under Children and Young People Act
2008 for or in relation to the care and protection of a child or young person.
Case plan for a child or young person who is, or is proposed to be, subject to a
care and protection order or interim care and protection order—
(a) means a written plan for meeting the child’s or young person’s
protection or care needs; and
(b)
may include proposals for the purposes of case planning about the
following:
(i) who the Director-General of Community Services Directorate (CSD)
considers would be the best person to have a stated aspect of parental
responsibility for the child or young person;
(ii) for an Aboriginal or Torres Strait Islander child or young person—the
preservation and enhancement of the identity of the child or young
person as an Aboriginal or Torres Strait Islander person;
Care plan
(iii) if the Director-General of CSD proposes to place the child or young
person in kinship care or foster care—the kind of placement that will be
sought or provided for the child or young person including any interim
placement arrangements;
(iv) how the Director-General of CSD proposes to ensure the living
arrangements for the child or young person are as stable as possible;
(v) contact arrangements for the child or young person with family members
and significant people as appropriate;
(vi) services to be provided for the child or young person;
(vii) if the child or young person is or is proposed to be placed in outof-home care—planning and services to be provided for the child
or young person when leaving out of home care.
Doc Number
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DGD13-037
Definition of Terms – continued If the Director-General of Community Services Directorate (CSD) reasonably
suspects that a child or young person is in need of care and protection, the
Director-General of CSD may make an appraisal of the circumstances of the child
or young person.
For the appraisal, the Director-General of CSD may—
(a) visually examine the child or young person or anyone else; and
(b) may conduct an interview with the child
(c) give information to anyone; and
Child protection
appraisal
(d) ask anyone to give information to the Director-General; and
(e) make inquiries about the child or young person or anyone else; and
(f) arrange for an assessment to be made of the child or young person or
anyone else.
In conducting the child protection appraisal, the Director-General of CSD must
seek the cooperation of anyone with parental responsibility for the child or young
person, if it is practicable to do so.
The Director-General of CSD may ask the child or young person or other person
who is being appraised or assessed to—
(a) attend at the place and time stated for the appraisal or assessment; and
(b) comply with any arrangement made by the Director-General of CSD
for the purpose of the appraisal or assessment.
Emergency action
Emergency action means action taken by the Director-General of Community
Services Directorate (CSD) or a police officer under division 13.1 (Emergency
action) of the Children and Young People Act 2008
Harmful conduct
Harmful conduct engaged in by a child or young person, means conduct which
leads to a significant risk of significant harm to the child or young person or
someone else.
Neglect
Neglect of a child or a young person, means a failure to provide the child or young
person with a necessity of life if the failure has caused or is causing significant
harm to the wellbeing or development of the child or young person.
Reasonably believes Reasonably believes means believes on reasonable grounds.
Reasonably
suspects
Representative
Reasonably suspects means suspects on reasonable grounds.
Representative means for a child or young person, a lawyer or other person
representing the child or young person, but does not include a child or young
person who represents himself or herself.
School means a school as defined in the Education Act 2004 as follows:
School
(a) except for chapter 2, part 3.4, chapter 4 and part 6.2—means a school or
school-related institution established under section 20 (Establishing
government schools etc); and
(b) for chapter 2 (School enrolment and attendance) and part 6.2 (Other
provisions)—means a government school or non-government school; and
(c) for part 3.4 (Schools boards of government schools)—see section 37; and
(d) for chapter 4 (Non-government schools)—see section 74.
Doc Number
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Review Date
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Definition of Terms – continued Therapeutic
protection
Therapeutic protection is the confinement to a therapeutic protection place in
circumstances where a child or young person is engaging in harmful conduct
either to him or herself and is to implement a therapeutic protection plan that is a
plan to reduce the person engaging in harmful conduct.
The Children’s Court may make a therapeutic protection order in relation to a child
or young person that directs that the child or young person be confined— where
is (a)
(i) for a period of time (the period of confinement) starting on a stated
day (the start day); and
Therapeutic
protection order
(ii) at a therapeutic protection place; and
(iii) for implementation of a stated therapeutic protection plan; and
(b) transfers daily care responsibility for the child or young person to the
Director-General of Community Services Directorate (CDS) for the
period of confinement; and
(c) includes any conditions the Children’s Court considers necessary to
prevent the child or young person from engaging in harmful conduct.
Torres Strait Islander means a person who—
(a) is a descendant of the indigenous inhabitants of the Torres Strait
Islands; and
Torres Strait
Islander
(b) either—
(c)
(i)
for any person—regards himself or herself as a Torres Strait
Islander; or
(ii)
if the person is a child—is regarded as a Torres Strait Islander by a
parent or family member; and
is accepted as a Torres Strait Islander by a Torres Strait Islander community.
Visual Examination (without agreement) may include a visual examination of the
child or young person; and an interview of the child or young person. Where the
child or young person is a student at a school, a patient at a health facility or
being cared for by a childcare service, the Director-General of CSD —
Visual Examination
(a) may enter the school, health facility or childcare service to visually examine or
interview the child or young person; and
(b) if entering the school, health facility or childcare service, must—
(i) produce his or her identity card; and
(ii)
Young person
tell the person in charge of the school, health facility or childcare
service the purpose of the entry.
Young person means a person who is 12 years old or older, but not yet an adult.
Disclaimer: This document has been developed by ACT Health, specifically for its own use. Use of this document
and any reliance on the information contained therein by any third party is at his or her own risk and ACT Health
assumes no responsibility whatsoever.
Doc Number
DGD13-037
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Review Date
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Area Responsible
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Child Health Policy
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CHILD PROTECTION IMPORTANT CONTACTS
EMERGENCY CONTACTS
For emergency and immediate police and/or ambulance
attendance
000
131 444
For police attendance
24 hours
24 hours
FRONTLINE CONTACTS – CARE & PROTECTION SERVICES (CPS)
Centralised Intake Service Mandated Reporters Phone
1300 556 728
24 hours
Centralised Intake Service Mandated Reporters Fax Line
(02) 620 50641
24 hours
Centralised Intake Service Email Address
Note: Please contact by telephone before sending a report
childprotection@act.gov.au
24 hours
1300 556 729
24 hours
Centralised Intake Service General Public Reporters Phone
FRONTLINE CONTACTS – ACT HEALTH
Business
hours
Child at Risk Health Unit (CARHU)
Note: In the case of emergencies after hours, a recorded
message on the above number will direct you to further
assistance. CARHU can provide 24 hour specialist medical
consultation. However, suspected abuse or neglect should
always be referred to Care and Protection Services.
Child and Adolescent Mental Health Services (CAMHS)
Intake Line
(02) 6244 2712
(02) 6205 1971
24 hours
24 hours
Child Protection Helpline NSW
Note: Family and Community Services (previously DoCS) is
responsible for care and protection matters in NSW. In the
case of children or young people from NSW seen in the ACT,
a report to ACT Care & Protection Services should be made in
the first instance, followed by a report to Family and
Community Services.
132 111
ADMINISTRATIVE – CARE & PROTECTION SERVICES
6205 3693
Business
hours
Child Protection Education and Training Officer
(02) 6174 7108
Business
hours
Child Protection Liaison Officer
(02) 620 76961
Business
hours
Health Liaison Officer
ADMINISTRATIVE – ACT HEALTH
Mandated Reporters
Centralised Intake Service
1300 556 728