Child Safe Standards - definitions

Child means a child or young person who is under the age of 18 years.

Source: Child Wellbeing and Safety Act 2005 (PDF, 936KB)

Child abuse includes:

a) any act committed against a child involving:

1. a sexual offence
2. grooming offences under section 49M(1) of the Crimes Act 1958

b) the infliction, on a child, of:

1. physical violence
2. serious emotional or psychological harm

c) the serious neglect of a child.

Source: Child Wellbeing and Safety Act 2005 ((PDF, 936KB)

Emotional child abuse occurs when a child is repeatedly rejected, isolated, or frightened by threats. It also includes hostility, derogatory name-calling and put-downs, and persistent coldness from a person to the extent that the child suffers, or is likely to suffer, emotional or psychological harm to their physical or developmental health.

Source: PROTECT: Identifying and responding to all forms of abuse in Victorian schools (PDF, 2.8MB)

Physical child abuse is any non-accidental infliction of physical violence on a child by any person. It can be inflicted in many ways, including beating, shaking or burning and assault with implements and female genital mutilation.

Source: PROTECT: Identifying and responding to all forms of abuse in Victorian schools (PDF, 2.8MB)

Child sexual abuse is when a person uses power or authority over a child to involve them in sexual activity. It can include a wide range of sexual activity. Sexual offences are governed by the Crimes Act 1958 (Vic.)

Source: PROTECT: Identifying and responding to all forms of abuse in Victorian schools (PDF, 2.8MB)

The Child Information sharing Scheme and the Family Violence Information Sharing Scheme (the Information Sharing Schemes) provide authorised organisations, including Victorian schools, with an expanded ability to share confidential information with other authorised services to promote the wellbeing or safety of children or to assess or manage family violence risk.

Source: Child and Family Violence Information Sharing Schemes Policy.

Child safety includes matters related to protecting all children from child abuse, managing the risk of child abuse, providing support to a child at risk of child abuse, and responding to suspicions, incidents, disclosures or allegations of child abuse.

Source: Ministerial Order 1359 (PDF, 363KB).

Child sexual exploitation is a form of sexual abuse where offenders use their power, (physical, financial or emotional) over a child or young person, or a false identity, to sexually or emotionally abuse them.

It often involves situations and relationships where young people receive something (for example: food, accommodation, drugs, alcohol, cigarettes, affection, gifts or money) in return for participating in sexual activities. Child sexual exploitation can occur in person or online, and sometimes the child or young person may not even realise they are a victim.

Source: Child sexual exploitation.

Child-connected work means:

a) work authorised by the school governing authority and performed by an adult in a school environment while children are present or reasonably expected to be present

b) for the purposes of a school boarding premises, work authorised by the provider of school boarding premises in a school boarding premises environment while children are present or reasonably expected to be present.

Note: Working with Children clearance is required by law only for people who engage in child-related work. Schools and school boarding premises may also choose to require suitability checks (including Working with Children clearance) for visitors and volunteers engaging in child-connected work.

Source: Ministerial Order 1359 (PDF, 363KB).

The Worker Screening Act 2020 defines ‘child-related work’ as work which usually involves (or is likely to involve) direct contact with a child, irrespective of whether that contact is supervised or not, and in any of the child-related occupational fields listed in the Act.

The definition of direct contact includes oral, written or electronic communication as well as face-to-face and physical contact. ‘Child-related work’ may be either paid or unpaid (voluntary).

There are exemptions from the Act including people under 18 years of age, parent volunteers whose child ordinarily participates in the activity, sworn police officers, teachers currently registered with the Victorian Institute of Teaching, and visiting workers who do not ordinarily reside and perform child-related work in Victoria, among others.

Source: Working with Children - Suitability for Employment Checks.

Duty of Care refers to the obligation of all staff working with students to take reasonable steps to protect them from reasonably foreseeable harm.

Source: Policy and Advisory Library: Duty of Care Policy.

The Family Violence Protection Act 2008 (Vic) defines family violence as:

a) behaviour by a person towards a family member of that person if that behaviour:

1. is physically or sexually abusive; or
2. is emotionally or psychologically abusive; or
3. is economically abusive; or
4. is threatening; or
5. is coercive; or
6. in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or

b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to above.

Source: Family Violence Protection Act 2008.

Governance arrangements refers to the specific systems, processes, roles, responsibilities, and organisational arrangements that each school puts in place to operationalise school policy.

Source: Ministerial Order 1359 (PDF, 363KB).

Governing body is defined in the Education and Training Reform Regulations 2017 to mean:

a) in relation to a government school, the school council for that school

b) in relation to a non-government school, the person or body responsible for the governance, conduct or management of the school

c) in relation to a government school boarding premises, the school council for the government school at which the students boarding are enrolled or attending

d) in relation to a non-government school boarding premises, the person or body responsible for the governance or management of the provider of school boarding services at the premises.

Source: Education and Training Reform Regulations 2017 (PDF, 604KB).

Grooming is when an adult engages in predatory conduct to prepare a child or young person under the age of 16 for future sexual activity.

This can be with the groomer or with another adult. Grooming can occur face-to-face, online or a combination of both.

Grooming behaviour can involve the use of a variety of manipulative and controlling techniques. These can be used to build trust or normalise sexually harmful behaviour.

Grooming is a criminal offence under the Crimes Act 1958 (Vic) and is a form of child abuse and sexual misconduct. It is also a form of Reportable Conduct.

Information sharing refers to the collection, use and disclosure of personal information either within an organisation or between organisations. Information sharing can occur in many ways including:

• one organisation disclosing information (the disclosing organisation) to another (the receiving organisation)
• multiple organisations combining information in a database and making it available to each other
• the reciprocal exchange of information between organisations.

Source: Information Sharing and Privacy - Guidance for Sharing Personal Information - Office of the Victorian Information Commissioner.

Mandatory reporting is the legal requirement for certain professional groups to report a reasonable belief of child physical or sexual abuse to child protection authorities.

In Victoria, under the Children, Youth and Families Act 2005, mandatory reporters must make a report to child protection, if:

• in the course of practising their profession or carrying out duties of their office, position or employment
• they form a belief on reasonable grounds that a child is in need of protection from physical injury or sexual abuse.

Source: Department of Families, Fairness and Housing.

Mandatory reporters are certain classes of professionals who are legally required to report a reasonable belief of child physical or sexual abuse to child protection authorities.

In Victorian schools, this includes registered teachers, school principals, early childhood workers, nurses, registered psychologists, school counsellors and all people in religious ministry.

Source: Department of Families, Fairness and Housing(DFFH).

Neglect includes a failure to provide a child with an adequate standard of nutrition, medical care, clothing, shelter or supervision. The law differentiates between three different levels of neglect:

• 'Minor' neglect is low-level neglect that is trivial or temporary.
• 'Significant' neglect is medium-level neglect that causes harm to a child that is more than trivial or temporary.
• Serious’ neglect is the highest level of neglect. It involves the continued failure to provide a child with the basic necessities of life and can also occur if an adult fails to adequately ensure the safety of a child exposed to extremely dangerous or life-threatening situations.

Source: PROTECT: Identifying and responding to all forms of abuse in Victorian schools (PDF, 604KB).

Proprietor is defined in the Education and Training Reform Regulations 2017 to mean:

• a person, body, or institution who owns or controls one or more registered schools
• any person or body that is specified in the registration of the school as the proprietor of the school.

Source: Education and Training Reform Regulations 2017(PDF, 604KB).

Reportable Conduct is defined as:

• a sexual offence, sexual misconduct or physical violence committed against, with or in the presence of a child
• behaviour causing significant emotional or psychological harm to a child
• significant neglect of a child, or misconduct involving any of the above.

Source: Child Wellbeing and Safety Act 2005 (Vic.)(PDF, 936KB).

The Reportable Conduct Scheme is a child safety mechanism introduced as a result of the Betrayal of Trust report. The Reportable Conduct Scheme complements the Child Safe Standards and other existing child safety measures.

Source: Policy and Advisory Library: Reportable Conduct Policy.

School boarding environment means any physical, online or virtual space made available or authorised by the school boarding premises governing authority for a child or student boarding at a school boarding premises to use at any time, including:

• online or virtual school boarding environments (including email, intranet systems, software applications, collaboration tools, and online services)
• other locations provided by the provider of school boarding services or through a third-party provider for a child or student to use including, but not limited to, locations used for:

1. camps
2. approved homestay accommodation
3. delivery of education and training such as registered training organisations, TAFEs, non-school senior secondary providers or another school
4. sporting events, excursions, competitions or other events.

Source: Ministerial Order 1359 (PDF, 363KB).

School boarding premises refers to the following type of student accommodation regulated by VRQA, under the Education and Training Reform Regulations 2017(PDF, 604KB).

• School boarding premises – a premises at which school boarding services are provided or intended to be provided by a person for a fee or reward.
• School boarding services – accommodation services provided for the primary purpose of enabling or facilitating a person to enrol at or attend a registered school.
• Accommodation services – the provision of accommodation, which may also include meals, laundry or cleaning.

These definitions apply to traditional school boarding premises, as well as other types of accommodation including:

• services where students receive overnight accommodation ranging from one night to a term or longer
• 'day boarding', including non-overnight accommodation services, where students receive accommodation outside normal school hours, including to enable them to undertake sports training or religious instruction.

The requirement to register as a school boarding premises also applies to student homestay arrangements where four or more students are accommodated at the one premises. It does not apply to Outside School Hours Care (OSHC).

Source: VRQA School boarding premises FAQs.

School boarding premises governing authority means:

• the provider of school boarding services
• the governing body for a school boarding premises (however described) as authorised by the provider of school boarding services or the ETR Act.

Source: Ministerial Order 1359 (PDF,363KB).

School boarding premises staff means:

a) in a government school boarding premises, an individual working in a school boarding premises environment who is:

1. employed by the school boarding premises governing authority
2. a contracted service provider (whether or not a body corporate or any other person is an intermediary) engaged by the school boarding premises governing authority to perform child-related work.

b) in a non-government school boarding premises, an individual working in a school boarding environment who is:

1. directly engaged or employed by the school boarding premises governing authority
2. a contracted service provider (whether or not a body corporate or any other person is an intermediary) engaged by the school boarding premises governing authority to perform child-related work
3. a minister of religion, a religious leader or an employee or officer of a religious body associated with the school.

Source: Ministerial Order 1359 (PDF, 363KB).

School environment means any of the following physical, online or virtual places, used during or outside school hours:

a) A campus of the school

b) Online or virtual school environments made available or authorised by the school governing authority for use by a child or student (including email, intranet systems, software applications, collaboration tools, and online services)

c) Other locations provided by the school or through a third-party provider for a child or student to use including, but not limited to, locations used for:

1. camps
2. approved homestay accommodation;
3. delivery of education and training such as registered training organisations, TAFEs, non-school senior secondary providers or another school; or (iv) sporting events, excursions, competitions or other events.

Source: Ministerial Order 1359 (PDF,363KB).

School governing authority means:

a) the proprietor of a school, including a person authorised to act for or on behalf of the proprietor

b) the governing body for a school (however described), as authorised by the proprietor of a school or the ETR Act

c) the principal, as authorised by the proprietor of a school, the school governing body, or the ETR Act.

Source: Ministerial Order 1359 (PDF, 363KB).

Governing body means:

a) in relation to a Government school, the school council constituted in relation to that school

b) in relation to a non-Government school, the person or body responsible for the governance, conduct or management of the school

c) in relation to a Government school boarding premises, the school council constituted in relation to the Government school at which the students boarding at the school boarding premises are enrolled or attending

d) in relation to a non-government school boarding premises, the person or body responsible for the governance or management of the provider of school boarding services at the premises; or

e) in relation to a TAFE institute, the board that oversees and governs the TAFE institute established under section 3.1.11 of the Education and Training Reform Act 2006

f) in relation to any other awarding body, the person or body responsible for the conduct or the management of the awarding body.

Source: Education and Training Reform Regulations 2017.

school staff means:

a) in a government school, an individual working in a school environment who is:

1. employed under Part 2.4 of the ETR Act in the Government teaching service
2. employed under Part 2.3 of the ETR Act
3. a contracted service provider (whether or not a body corporate or any other person is an intermediary) engaged by the school governing authority to perform child-related work

b) in a non-Government school, an individual working in a school environment who is:

1. directly engaged or employed by a school governing authority
2. a contracted service provider (whether or not a body corporate or any other person is an intermediary) engaged by the school governing authority to perform child-related work
3. a minister of religion, a religious leader or an employee or officer of a religious body associated with the school.

Source: Ministerial Order 1359 (PDF, 363KB).

Student means a person who is enrolled at or attends the school or a student at the school boarding premises.

Source: Ministerial Order 1359 (PDF, 363KB).

Volunteer means a person who performs work without remuneration or reward for the school or school boarding premises in the school environment or school boarding premises environment.

Source: Ministerial Order 1359 (PDF, 363KB).

Vulnerable students may include but are not limited to those who:

a) are deemed vulnerable by a government agency, funded family service or family violence service, or assessed as requiring education and care outside the family home

b) are identified as vulnerable as a result of a referral from a government agency, funded family service or family violence service, homeless or youth justice service; or mental health or other health service

c) self-identify or are identified by school staff or school boarding premises staff as a member of a vulnerable cohort.

Source: Ministerial Order 1359 (PDF, 363KB).

Worker screening refers to the process of ensuring that only suitable people work with children. It involves gathering a range of information, including but not limited to a Working with Children clearance and qualifications relevant to the role being performed by staff and volunteers.

Source: Ministerial Order 1359 (PDF, 363KB).