Report a crime: respond to child abuse in the family

Common crimes against children include:

• physical and sexual assault or abuse
• grooming
• stalking
• harassment
• threatening behaviour
• abduction
• property damage
• breaching family violence orders.

• Sexual abuse by someone in the family who is not the parent or carer and there is a protective parent.
• A student physically assaulting another student with whom they are in an intimate partner relationship.

In addition to reporting to appropriate authorities, you must contact Victoria Police:

• if a student’s (or anyone else involved) immediate safety is compromised
• if a student is involved in any risk-taking activity that is illegal, extreme in nature or poses a high risk to the student or any other person.

Victoria has laws about the minimum age of criminal responsibility.

Under these laws:

• A child or young person aged 12 years or over can commit an offence.
• There is a presumption that a child who is 12 or 13 years of age cannot commit an offence.
• A child or young person who is under the age of 12 cannot commit an offence.

Victoria Police can:

• investigate the situation
• assess risk
• interview and take statements from key people
• collect evidence
• enforce intervention orders
• make arrests and issue warnings.

Reports should be made as soon as reasonably practicable from when a report is received, as some crimes have a limitation period that may apply.

There is no time limit to report a crime related to sexual abuse. Victoria Police will accept and assess all reports, no matter when the alleged crime occurred.

Leave the area where the incident occurred as you found it, until Victoria Police can attend and provide you with further instructions. Victoria Police will tell you what steps you need to take.

If a student is abused at school, your school must preserve any items that may be of potential forensic value that may later be seized by police. This may include:

• laptops
• other devices
• CCTV footage
• other objects and materials.

See preserving evidence.

After you make a report to Victoria Police, you must also report the incident.

You can report by:

• logging an incident in eduSafe Plus, or
• by calling the department’s Incident Support and Operations Centre (ISOC) on 1800 126 126.

The Managing and Reporting School Incidents (Including Emergencies) Policy provides guidance to schools on reporting timeframes for incidents. Consider who in your school receives eduSafe Plus alerts.

The incident report will notify relevant regional or centralised services. These services will help your school arrange support for impacted students and staff. See support for further details.

You must report abuse to your relevant governing body consistent with your school's PROTECT reporting policy and procedures. See a list of school governing bodies.

Your relevant governing body will advise you of the next actions consistent with your school’s reporting policy.

Independent schools should follow the procedures outlined in their school policy.

You can contact Independent Schools Victoria for support and advice on child safety related matters, including if you are unsure of whether a crime has been committed and need advice on reporting to Victoria Police.

• Call 03 9825 7200
• Email enquiries@is.vic.edu.au.

Before engaging with parents and carers, you need clearance from Victoria Police (in situations involving a police response).

Once you have clearance, you must inform the student’s parents or carers of the matter. This is a critical step. It helps parents or carers support their child in partnership with the school, authorities and support services.

You must contact the parents or carers as soon as possible. Ideally, this should happen on the same day.

Victoria Police will:

• guide you on speaking to parents or carers
• tell you what information you can share with all impacted students and the wider school community.

Your primary responsibility is to ensure the safety of the student. Before engaging with parents and carers consider whether it is safe to do so. Do not engage with the student or their family if:

• it is unsafe. For example, if:
  • it is likely to jeopardise a child’s wellbeing or safety or place another person at risk of harm
  • it could adversely affect an investigation
  • timeliness is an issue, such as when there is an immediate risk
  • you are assessing or managing risk to another person.
• it is unreasonable. For example, if you are unable to contact them.
• it is inappropriate. For example, if:
  • a young person is living independently and their family members no longer have access to their personal information.

If you need help engaging with parents and carers, you can contact internal sector supports, see support and advisory services for school staff.

If Victoria Police want to interview a student about abuse, see interviews with students at school.

Record all steps your school has taken in report. You can use the identify and respond to child abuse template to do this.

See document your actions.

You must still act by continuing the 4 Critical Actions. This includes support and refer.

You may need to take both actions at the same time.