Safeguarding Policy

FYA is committed to protecting young people from harm, exploitation and abuse. FYA staff, volunteers and contractors must, at all times, treat all young people with dignity and respect and must endeavour to actively promote and prioritise the right of every young person to feel physically and emotionally safe.

This Safeguarding Policy is guided by the following principles:

• clearly demonstrate FYA’s commitment to the safety and wellbeing of young people;
• ensure that FYA complies with its legal and ethical child safeguarding obligations; and
• inform staff, volunteers and contractors of their roles and responsibilities in ensuring the safety and wellbeing of young people.

This policy applies to all FYA staff, volunteers and contractors (where applicable). It applies at all times, both during and outside normal working hours and to all activities of FYA in which children are involved.

FYA has obligations to safeguard young people and provide an environment that encourages safety and wellbeing.

Victorian Child Safe Standards set the compulsory minimum standards that FYA is required to comply with. Under the Child Wellbeing and Safety Act 2005 (Vic) organisations that are involved in care, supervision or authority over children, whether as part of their primary function or not, are required to comply with the Victorian Child Safe Standards. These standards can be found in the Appendix to
this policy.

National Principles for Child Safe Organisations (National Principles) provide a nationally consistent approach to creating organisational cultures that encourage child safety and wellbeing. Australian organisations are not required to adopt the National Principles. However they are considered best practice for implementing safety and wellbeing culture and practice for young people. The National Principles
are set out in the Appendix to this policy.

NSW Child Safe Standards will benefit child-related organisations. Some organisations are required to implement these through their systems, policies and processes. FYA is not required at this time to comply with these Standards. The NSW Child Safe Standards are set out in the Appendix to this policy.

FYA upholds its commitment to safeguarding the welfare of every young person involved in FYA’s programs or activities and complies with its safeguarding obligations through the following means. Further details are provided in the accompanying Safeguarding Procedure.

1. Child Safeguarding Code of Conduct

Every FYA employee, volunteer, and contractor (where applicable) must familiarise themselves with and follow FYA’s Safeguarding Code of Conduct. 

This ensures that all persons are given clear guidance on minimizing risks to children and have an understanding of the behavior required of them when interacting with young people.

2. Recruitment 

FYA has implemented policies and procedures around the recruitment of staff and volunteers, which include guidance on ensuring safeguarding is embedded in the advertising of vacant roles, pre-employment/pre-engagement screening, interviewing process and reference checks. 

3. Mature Minors and Decision Making

Parents, guardians and carers play an invaluable role in supporting the learning and wellbeing of young people through being actively informed and involved in decisions about their lives. However, young people may sometimes ask to make decisions on their own behalf without the involvement of a parent, guardian or carer. There are a range of reasons why such a request may be made, including where a young person is living independently, or has a history of family conflict or family violence. Further examples of scenarios that may arise are detailed in the Mature Minor Assessment Checklist.

The law recognises that as young people become older and more mature, they are more capable of making their own decisions about a wide range of issues including their education, healthcare and wellbeing. The law recognises that a young person may reach this stage before they turn 18 years old, but there is no specific age when a young person may be sufficiently mature and capable of making their own decision. These young people are referred to as ‘mature minors’.

Where a young person asks to give consent or make a decision on their own behalf instead of their parent, guardian or carer, an FYA staff member must make an assessment as to whether the young person is capable of making their own decision such that they should be considered a mature minor for the purpose of making that particular decision.Where possible, this assessment should be made by a staff member who has worked with the young person and is familiar with them.

To be considered a mature minor, the relevant staff member must be satisfied that the young person has sufficient maturity, understanding and intelligence to understand the nature and effect of the relevant decision. Depending on the circumstances, it is possible that an individual young person may be assessed as being a mature minor for the purpose of some decisions but not others.

The Mature Minor assessment checklist. In all cases, consideration must be given to relevant State or Territory legislation. The recommendation of the staff member will be reviewed and approved by a member of the Executive Team.

4. Risk management 

Safeguarding risks associated with FYA’s activities or programs are assessed in accordance with its Risk Management Policy and Program and Event Risk Matrix. Safeguarding is reported on regularly at Board and Executive level.

These reviews ensure that all relevant safeguarding risks are identified and necessary mitigation strategies to reduce these risks are implemented.

5. Training of employees, volunteers and contractors

All FYA employees (and where applicable volunteers and contractors) are required to participate in training on safeguarding, including ensuring that they are familiar with and understand this policy and FYA’s Safeguarding Code of Conduct.

6. Privacy and consent 

FYA’s Privacy Policy outlines how it collects, stores and uses the personal information of both adults and young people.

FYA actively considers how to engage families and communities to enhance the safeguarding and wellbeing of the young people engaged in our programs.

FYA has guidelines around obtaining informed consent from young people and/or their parents or guardians prior to collecting, recording or publishing personal information, content or images of young people (and adults) involved in FYA’s activities or programs.

7. In-person and online safety of Children

FYA employees and volunteers should avoid situations where they are alone with young people either in person or online.

7.1 In-person activities and events

A Program and Event Risk Matrix must be completed when planning all FYA activities and events.

At least two FYA employees or responsible adults should supervise participating young people (including volunteers) at all times during FYA in-person activities or events.

Travel

Generally FYA will require young people to make their own way to an FYA activity or event. This may include travelling alone, or with their parent, carer, guardian or other responsible adult).

On some occasions, FYA may provide transport for a young person for the purpose of them attending an FYA activity or program.

When travelling on FYA arranged transport it is preferable that the young person is under the supervision of a teacher, parent, carer, guardian or another responsible adult (particularly if the young person is under 15).

• If a teacher, parent, carer, guardian or another responsible adult is not available to supervise the young person whilst travelling, an FYA employee may supervise them provided the following conditions are in place before travel commences:
  • The parent, carer or guardian of the young person has provided written permission to FYA for the young person to attend the FYA program or activity, and to travel to or from the event under the supervision of an FYA employee.
  • The parent, carer or guardian has been provided with the names and phone numbers of the FYA employees that will be providing supervision, and details of the travel arrangements.
  • The planned travel will be by public transport, taxi or rideshare.

FYA employees must not transport young people involved in FYA programs or activities in private vehicles, except in an emergency or in exceptional circumstances. This must be approved by the CEO in advance. Where advance notice is not possible, the CEO must be informed as soon as possible.

Accommodation

For some FYA programs or activities FYA may provide accommodation for participants, including young people.

When being accommodated by FYA for an overnight stay, all participants under 18 must be supervised by either a chaperone (such a parent, carer, guardian, teacher or other responsible adult) or by FYA employees.

If FYA employees are supervising a young person for an overnight stay, written permission from the young person’s parent, carer or guardian must be obtained before the young person is accommodated. In addition, the following conditions must be complied with:

• FYA employees must never share a room with any activity or event participants.
• Supervising FYA employees must stay on the same floor of the accommodation as any young person participants.
• Ratios for overnight stays are 1 Supervising Employee to 10 young people, with a minimum of 2 Supervising Employees for any number of participants beyond 10.
• At least 1 supervising FYA employee must be youth mental health trained and first aid trained.

In exceptional circumstances (e.g. a young participant misses a scheduled flight), the CEO may approve a changed ratio taking into account all relevant circumstances (e.g. limited amount of time, unavoidable emergency situation, no other options). This must be approved by the CEO in advance.

Health support

FYA employees should incorporate health support planning into any FYA activity or program involving young people. This means ensuring that:

• a first aid kit and trained first aid provider (which may be an FYA employee with a relevant First Aid certificate) are available for the duration of the program or activity;
• the FYA employees responsible for running the program or activity have (by way of medical details form or otherwise) informed themselves if a young participant has known first aid needs, such as whether they have a history of asthma, diabetes, anaphylaxis or epilepsy, or a routine health support need such as medication administration, personal care support or help with a mental health issue. The employees must ensure there are appropriate measures in place to support management of these first aid needs and health supports.As far as reasonably possible, a health support need should not prohibit a Child or Young Person from participating in an FYA  program or activity.

As far as reasonably possible, a health support need should not prohibit a young person from participating in an FYA program or activity.

7.2 Online activities and events

All online events or activities involving young people that are hosted by FYA must comply with the following conditions.

If the event is being hosted by an external organisation rather than by FYA, then that organisation’s policies and procedures will apply. However FYA employees, volunteers and contractors must abide at all times by the FYA Safeguarding Code of Conduct.

• FYA’s online platforms must be used to host events.
• It is preferred that 2 FYA employees, or 1 FYA employee and 1 responsible adult, are present at online activities, meetings or events for their duration. If only 1 FYA employee is present, the session must be recorded. Permission for the session to be recorded must be provided in advance, either by the young person (if aged 15 years and over), or by their parent, carer or guardian (if under 15).
• One of the adults must be designated to monitor the behaviour and wellbeing of participants. They must have access to the contact details of all young participants in case they need to be contacted for safety or wellbeing reasons.
• Employees may enable the platform’s private chat capabilities, as these can be monitored by FYA.
• Online breakout rooms for young people can be enabled. It is not necessary for there to be an FYA employee in each room at all times, but FYA employees should make every effort to visit each room. All young people should be made aware they can leave breakout rooms at any time.

At the beginning of each online activity or event hosted by FYA, an FYA employee should provide participants with information about:

• FYA’s online safety measures;
• the contact details of at least one FYA employee who can be contacted during the activity or event should a participant have any safety or wellbeing concerns; and
• their option to turn off their camera during an online event should they wish to.

7.3 Phone calls, emails and messaging

FYA employees must only use FYA’s phone, email and messaging systems when they engage in 1:1 communication with young people involved in FYA programs or activities.

8. Exceptions to Procedure

In rare circumstances, it may not be possible to follow the Safeguarding Procedure. Employees, volunteers and contractors must raise this issue with senior management as soon as possible in order that an appropriate alternative process can be implemented. The CEO will be notified of all instances where the procedure was not followed.

Where any risk to a young person is identified, FYA staff members, volunteers and contractors must inform an FYA senior manager or safeguarding officer as soon as possible, to determine the appropriate action to safeguard the wellbeing of the young person.

Mandatory reporting

State and Territory laws require certain people to report suspected abuse and neglect of children and young people . The categories of people required to make a report of suspected abuse and neglect of children and young people differs in each State and Territory. If an FYA staff member, volunteer or contractor becomes aware of a situation where mandatory reporting laws may apply, they must discuss their concerns and next steps with a senior manager or safeguarding officer as soon as practicable. FYA employees, volunteers and contractors are currently not required to comply with mandatory reporting laws in Western Australia, the ACT, NSW, South Australia or Tasmania.

1. Northern Territory mandatory reporting laws

In the Northern Territory, all adults are covered by mandatory reporting laws.

Under the Care and Protection of Children Act 2007 (NT) any person who has a belief on reasonable grounds that a child (under 18) has suffered or is likely to suffer harm or exploitation in the Northern Territory must report this information to a Northern Territory police officer. Under this law, ‘harm or exploitation’ includes physical abuse, sexual abuse or other exploitation of the child, emotional or psychological abuse, neglect or exposure to physical violence.

2. Victorian mandatory reporting laws 

In Victoria, young people under 16 must be protected from sexual offences.

• Action must be taken if a person associated with FYA poses a substantial risk to a young person.
• FYA employees, volunteers and contractors must comply with this requirement to protect young people under 16 years.
• Anyone who does not act to protect a young person may be prosecuted.

In addition, any adult who forms a reasonable belief that a sexual offence has been committed in Victoria by an adult against a child (in this case a person under 16 years) must report that information to Victoria Police as soon as possible. This obligation to make a report applies to FYA employees, adult volunteers and contractors.

• If an adult fails to disclose this information to police, this is a criminal offence punishable by up to three years imprisonment under section 327 of the Crimes Act 1958 (Vic).
• The “failure to disclose offence” applies to individuals and not to FYA as an organisation.

3. Queensland mandatory reporting laws

In Queensland, all adults must report to the police sexual offences against children – unless they have a “reasonable excuse” not to.

In this case, a child means a person under 16 or a person under 18 with an “impairment of the mind” (as defined at https://www.qld.gov.au/law/crime-and-police/types-of-crime/sexual-offences-agains t-children/failure-to-report).

This is covered by the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 (QLD).

The obligation to make a report applies to FYA employees, adult volunteers and contractors.

FYA encourages feedback about this policy in order to ensure it best protects the safety and wellbeing of young people.

Breaches of this Policy will not be tolerated and may result in disciplinary procedures, change of duties, suspension or termination of employment.

All allegations and complaints regarding breaches of this Policy, regardless of who they are made by, will be treated seriously and responded to promptly. Any investigation into a report of child abuse or a breach of this policy will be undertaken with the utmost confidentiality, sensitivity and care for the wellbeing of the young person/people involved.

1. Report by an FYA employee, volunteer or contractor

FYA employees, volunteers and contractors are required to report any conduct they have directly seen or suspect, or any allegation or disclosure of conduct that does not comply with this Policy or the Safeguarding Code of Conduct. The report should be made to a member of the Executive Team and, where required under mandatory reporting laws, to the relevant body or authority.

Where there is an investigation into an FYA employee, volunteer or contractor for conduct that is in breach of this Safeguarding Policy or the Safeguarding Code of Conduct, that person is to be immediately removed from any activities that involve contact with young people.

2. Report by a young person or participants in an FYA activity or program

Young people involved in FYA activities or programs must be informed of:

• their right to feel safe,
• how they can make a report if they do not feel safe

They must be encouraged to report any conduct that they witness, experience or become aware of that does not comply with this Safeguarding Policy or the Safeguarding Code of Conduct.

All staff and volunteers are responsible for monitoring the application of this Policy and should provide feedback on its effectiveness.

The CEO (or their delegate) will report to the FYA Board on the number and type of safeguarding incident reports at least annually. These reports will be made on a ‘no names’ basis, maintaining the confidentiality of the persons and matters raised under this policy.

This policy will be monitored on an ongoing basis by the Executive Team. It will be formally reviewed every two years, or earlier if required, ensuring compliance with legislation and FYA operating procedures. Any major changes to this policy will be approved by the Board.

National Child Safe Principles 

1. Child safety and wellbeing is embedded in organisational leadership, governance and culture.
2. Children and young people are informed about their rights, participate in decisions affecting them and are taken seriously.
3. Families and communities are informed and involved in promoting child safety and wellbeing.
4. Equity is upheld and diverse needs respected in policy and practice
5. People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
6. Processes to respond to complaints and concerns are child focused.
7. Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
8. Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
9. Implementation of the national child safe principles is regularly reviewed and improved.
10. Policies and procedures document how the organisation is safe for children and young people.

NSW Child Safe Standards 

1. Child safety is embedded in organisational leadership, governance and culture.
2. Children participate in decisions affecting them and are taken seriously.
3. Families and communities are informed and involved.
4. Equity is upheld, and diverse needs are taken into account.
5. People working with children are suitable and supported.
6. Processes to respond to complaints of child abuse are child focused.
7. Staff are equipped with the knowledge, skills and awareness to keep children safe through continual education and training.
8. Physical and online environments minimise the opportunity for abuse to occur.
9. Implementation of the Child Safe Standards is continuously reviewed and improved.
10. Policies and procedures document how the organisation is child safe.

VIC Child Safe Standards

1. Organisations establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued.
2. Child safety and wellbeing is embedded in organisational leadership, governance and culture.
3. Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.
4. Families and communities are informed and involved in promoting child safety and wellbeing.
5. Equity is upheld and diverse needs respected in policy and practice.
6. People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
7. Processes for complaints and concerns are child-focused.
8. Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
9. Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
10. Implementation of the Child Safe Standards is regularly reviewed and improved.
11. Policies and procedures document how the organisation is safe for children and young people.