Intro
The purpose of this policy is to outline the responsibilities of the Department of Local Government, Sport and Cultural Industries (DLGSC) and Cultural Statutory Authorities (CSAs) in relation to child related work or interaction by all employees, contractors, volunteers and third-party organisations, to keep children safe and well and promote and protect their rights.
This policy should be read in combination with the Child Safeguarding Framework (Framework), which operationalises this policy and outlines the processes required for employees to implement child safe practices, maintain a child safe environment, and build a child safe culture across all areas of the department’s work.
If required, DLGSC will perform the recruitment and recommendation of CSA Board members with consideration of this Policy and the Framework. The CSAs are responsible for ensuring Board members meet their ongoing employment compliance in relation to this Policy and the Framework.
Any DLGSC business area procuring goods and/or services must also appropriately screen and induct contractors including in relation to DLGSC’s child safeguarding requirements. Refer to the Framework for additional information regarding procurement contracts.
Child safeguarding is the responsibility of all business and operational areas of DLGSC and the CSAs. This Policy aims to assist DLGSC and CSA employees to understand the organisation’s approach to child safeguarding and employees’ roles and responsibilities in adhering to child safeguarding requirements and recognising and responding to child safeguarding matters.
Through the Policy and accompanying Framework, and in line with the National Principles for Child Safe Organisations, DLGSC and the CSAs commit to:
Children — for the purposes of this Policy and Framework, 'Child/ren' refers to any person under 18 years of age, and in the absence of positive evidence of age, means a person apparently under 18 years of age.
Child abuse — occurs when a child has been subjected to physical, sexual abuse or other exploitation, including child grooming, or emotional abuse, neglect, or exposure to violence, including family and domestic violence. It may involve ongoing, repeated, or persistent abuse, or arise from a single incident.
Child interaction (contact) — contact includes any form of physical contact, any form of oral communication, whether face-to-face, by telephone or otherwise, and any form of electronic communication, but does not include contact in the normal course of duties between an employer and an employee or between employees of the same employer. (Working with Children (Screening) Act 2004 (WA), section 4),
Child-related work — for the purposes of this policy and framework, child-related work is defined as:
Child safeguarding — relates to the actions DLGSC and CSAs take to promote the safety and wellbeing of children in their care, and to protect them from harm.
Child safe organisation — an organisation that creates a culture and environments, adopts strategies, and takes action to promote child wellbeing and prevent harm to children.
Complaint — under this Policy, includes an allegation (written or verbal) expressing dissatisfaction in, or concerns about, the conduct of DLGSC, DLGSC employee/s, a DLGSC funded individual, service or organisation, and handling of a prior concern
Contractor/s — means an independent service-provider employed on a contract for service basis to provide material or labour to perform a service or undertake a task.
Contracts/Agreements — for the purposes of this Policy and the Framework, the terms ‘contract/s’ and ‘agreement/s’ include, but are not limited to:
Contracts for the procurement of goods and/or services are included in this terminology only when the contractor is undertaking, or has the potential to undertake, child related work. These contracts must also include DLGSC’s Child Safeguarding Requirements clause as referenced in point 2.3.3 of this Framework.
Cultural Statutory Authority — means the Art Gallery of Western Australia, Arts and Culture Trust, State Library of Western Australia, and Western Australian Museum.
Customer — a person or organisation receiving advice, a service, using the facilities, engaging in an interaction or business relationship, or any other person or organisation having an interest in the functions or activities of DLGSC or a Cultural Statutory Authority.
Department/DLGSC — for the purposes of this Policy, this term refers to the Department of Local Government, Sport and Cultural Industries, excluding its Statutory Authorities unless otherwise advised.
Funded individual or organisation — an individual or organisation which receives direct financial support from DLGSC as a grant:
DLGSC does not take responsibility for screening of employees, volunteers, contractor or any third party of the Funded individual or organisation.
Harm — harm in relation to a child, includes harm to the child’s physical, emotional, or psychological development. (Children and Community Services Act 2004, Section 3, p3)
Intern — a person employed temporarily for the purpose of gaining work experience
Volunteer — a person over 18 years of age engaged for unpaid child related work on behalf of DLGSC or a Cultural Statutory Authority. A funded organisation is responsible for ensuring volunteers engaged by them abide by the organisation’s Code of Conduct or similar, receive relevant child safeguarding training and/or hold a Working with Children Check.
Wellbeing — of a child includes:
Working with Children Check — a compulsory screening strategy for people engaging in child-related work in Western Australia and the Christmas and Cocos (Keeling) Islands.
Volunteer — a person over 18 years of age engaged for unpaid child related work on behalf of the DLGSC or a Cultural Statutory Authority.
Young people — for the purposes of this Policy and Framework see the definition of Child/ren.
It is important that DLGSC and the CSAs have a clear, comprehensible, and accessible procedure for managing risks to child safety.
This Policy, the Framework and related policy and procedures (listed in Section 8) are key control mechanisms for ensuring the safety of children who interact with any DLGSC and CSA employees.
All DLGSC and CSA employees must actively identify child safety risks that may arise at an operational level. In alignment with the DLGSC and CSA Risk Management Frameworks (RMF), identified risks must be incorporated into the operational risk registers and control mechanisms for ongoing monitoring and management and to facilitate continuous improvement.
Manager and directors are responsible for:
Executive Directors or CSA equivalents (including CSA Directors) are responsible for:
Human Resources are responsible for:
The Child Safeguarding Implementation Unit is responsible for, but not limited to:
The Director General and Chief Executive Officers of the CSAs are responsible for:
This Policy and the Framework will be reviewed every two years at a minimum and in accordance with risk reporting requirements as outlined in DLGSC’s RMF.