Mandatory Reporting

Will Holmes à Court
Will Holmes à Court
Last updated 

Statement

HomeWise Health (HWH) acknowledges that it has a legal and moral obligation to protect its clients, children and adults, from any form of abuse or neglect.

HWH will reduce the risk of abuse or neglect occurring; however, should abuse occur or be suspected of occurring, all incidents will be reported immediately and HWH will ensure that a caring and appropriate response is taken.

Scope

Compliance with this policy is a condition of appointment for all persons engaged to provide services on behalf of HWH.

Definitions

Abuse - can consist of one or more of, but is not restricted to the following:

Emotional Abuse - the chronic attitude or behaviour of one person directed at another person or, the creation of an emotional environment that erodes a person's development, self-esteem and social confidence over time. Behaviours may include devaluing, ignoring, rejecting, corrupting, isolating, terrorising or chronic and extreme domestic violence in a child's presence.

Emotional abuse may have occurred indicators include avoiding home, running away/staying at friends' houses, fear of the dark/not wanting to go to bed, lying or stealing, lack of trust in adults/workers, poor self-image or self-esteem and secretive/disruptive behaviour.

Neglect is the failure to provide for a person's basic needs.

Any serious omission or commission which jeopardises or impairs a person's development.

Indicators that may indicate that neglect has occurred include a failure to thrive, developmental delay, a tendency to be prone to illness, sickly appearance, abnormally high appetite, stealing or hoarding food, smelly/dirty appearance and untreated medical conditions.

Physical Abuse - any non-accidental physical injury resulting from practices such as hitting, punching and kicking, shaking (particularly babies), burning (irons, cigarettes), biting, pulling out hair and forced alcohol or other drug administration.

Indicators of physical abuse having occurred may include bruising in unlikely places, inconsistent or absent explanation of bruises, any bruising on a baby, pressure marks from fingers, bite marks, fractures, suspicious burns and poisoning/significant over-medicating.

Sexual Abuse - any sexual act or threat to perform such upon another person. This occurs when a person uses their power and authority to take advantage of another person (and potentially their trust) to involve them in sexual activity.

It does not necessarily involve genital contact but is any act that erodes the sexual boundary between two persons. It may appear consensual, but the validity of consent is negated by power differential.

Indicators that sexual abuse has occurred may include genital injuries, bite marks, presence of sexually transmitted disease, persistent soiling or bed wetting, sleep disturbance, age­ inappropriate sexual behaviour, excessive masturbation which does not respond to boundaries or discipline, obsessive and compulsive washing and wariness of physical contact.

Board Member - a Principal of HWH.

Child - any person under the age of eighteen (18) years

Exploit - take advantage of for one's own purpose(s)

Manager/Supervisor - a person who is charged with the management or direction of HWH, including other divisions, as determined from time to time

Must - indicates a mandatory action required by law, industrial instrument, or HWH or procedure.

Reasonable - the appropriate standard or quality of objective decision-making that must be brought to bear when making an administrative decision

Should - indicates a recommended action that a person must follow.

Violence - use of physical force intended to cause injury or destruction

Vulnerable Adult - is an adult aged 18 years or over who may be unable to take care of themselves or protect themselves from harm or from being exploited. This may be due to mental illness, disability, sensory impairment, age and frailty or some form of illness.

Worker - is a person who carries out work in any capacity for a person conducting a business or undertaking, including work as an employee, contractor or subcontractor, an employee of a contractor or sub-contractor, an employee of a labour-hire company, apprentice or trainee, or a student gaining work experience, or a volunteer.

Responsibilities

Principals are responsible for ensuring that:
  • A high standard of conduct is always maintained 
  • In the case of a report of abuse, HWH's Insurer is contacted immediately
  • There is oversight of each case of abuse and neglect to determine an appropriate response.
Managers are responsible for ensuring that:
  • All their staff are informed, understand and apply the principles of this policy
  • Accurate and confidential records of all mandatory reports are maintained
  • Client and worker confidentiality is maintained at all times
  • Feedback is sought about reports of abuse through the Department for Child Protection (or equivalent) and other state government departments and funding bodies.
  • Appropriate feedback is issued to reporting workers.
The Principal - Workforce Management is responsible for ensuring that:
  • Legislative requirements, both Federal and State, are adhered to
  • This policy is reviewed and updated on an agreed basis
  • All personnel are informed and trained in the application of this policy and its procedures
  • HWH procedures are followed to protect the confidentiality of all parties concerned
  • Confidential paperwork relating to allegations of abuse is retained in a secure environment to maintain confidentiality and in line with legislative and government policy.
Workers are responsible for ensuring that:
  • Any concern regarding abuse, including suspicious behaviour, is reported according to legislative requirements and HWH Policies and Procedures
  • A safe environment for children and vulnerable adults is always maintained 
  • Established instructions are followed to protect children and vulnerable adults in their care
  • Accurate and confidential records of all mandatory reporting are always maintained.

Policy

Mandatory reporting
Section 11 of the Children's Protection Act 1993 specifies who is legally mandated to report suspected child maltreatment to statutory child protection services. They include:
  • Enrolled and Registered Nurses
  • Social Workers and Psychologists
  • Workers providing children's services or who hold a management position where their duties include the direct responsibility for or direct supervision of services to children
  • Approved family daycare providers
  • Medical practitioners, dentists and pharmacists
  • Police and probation officers
  • Teachers; and
  • Any other person who works in a Government department, agency or instrumentality, or a local government or non-government organisation that provides health, welfare, education, or residential services wholly or partly for children.
Reasonable grounds of abuse can be assumed when:
  • A child or vulnerable adult discloses that he or she has been abused and/or
  • Someone close to a child or vulnerable adult (e.g. sibling, relative, close friend) discloses on behalf of that child or vulnerable adult.
  • Professional judgment.
incidences of abuse towards a child, as described by this policy, must be reported to the Department for Child Protection as outlined on their website

Incidences of abuse or any concerns regarding the care of a child or vulnerable adult must also be reported to state/federal statutory and funding bodies as documented in specific funding and service agreements.

A worker reporting abuse:
  • §  It is not the responsibility of the worker reporting abuse to prove abuse has occurred
  • §  Is immune from civil liability for reporting suspicions in good faith. (Section 12(a) Children's Protection Act)
  • §  Is entitled to feedback about the notification investigation by the state government department responsible
  • §  Identity as a notifier will not be disclosed unless disclosure is made in the course of official duties.

Procedures

All allegations of abuse that arise must be reported immediately to the Child Abuse Report Line (CARL) on 131478 (workers may also use the Department for Child Protection online reporting system).

CARL must be notified immediately if a child discloses an incident of abuse that has occurred or if there are reasonable grounds to suspect a child has been or is suffering abuse. If the child or vulnerable adult is in immediate danger, the Police will also be contacted on 131 444 (or 000 in an emergency).

The HWH worker will immediately contact their Manager/Supervisor, complete an Incident Report, and forward the report to their Supervisor in the strictest confidence. As part of the Incident Reporting process, the Manager/Supervisor will check that the worker has fulfilled their responsibilities for mandatory reporting as detailed above.

If disclosure of abuse is made, the person who receives the disclosure will provide support to the one disclosing by:
  • Treating each allegation seriously and not attempting to deny the allegation or minimise its impact on the alleged victim so that the matter is not swept under the carpet
  • Not pushing a child/vulnerable adult to disclose details of the alleged assault or attempting to investigate the allegation.
  • Ensuring the child/vulnerable adult understands that their disclosure is being taken seriously, that what has happened is not their fault and that they are correct in disclosing the incident.
  • Reporting the abuse to the appropriate authorities (CARL/SA Police)
  • Not making contact with the alleged perpetrator. If an HWH worker has already been providing direct support to the alleged perpetrator at that time (e.g. escorting them to the Police Station), HWH will roster another person to assume this responsibility for the duration of any investigation.
  • Retaining and handing to the Police any clothing worn by the child or vulnerable adult if an alleged assault has occurred recently.
  • Maintaining confidentiality always.
All reports of abuse must be put in writing and retained in confidence on the client's file. All details of the subsequent investigation will be documented and the documents will be held by the Principal responsible for Human Resources in a secure location where a breach of privacy cannot occur.

Workers making reports of abuse are encouraged to seek feedback about their reports and any subsequent intervention through their Managers.

HWH reserves the right to carry out disciplinary procedures following its policies and procedures.

Where an allegation is made against an HWH worker, that person will be removed from all related services pending the outcome of an investigation.

Training
All workers will undertake training in Mandatory Reporting before commencing work. Subsequently, Mandatory Reporting must be undertaken bi-annually by all HWH workers. All new workers will be issued a copy of this policy as part of their Induction.

Any client or prospective client that believes that they are disadvantaged or discriminated against by the incorrect application of this policy may raise a dispute following the HWH Complaints/Concern Management Policy and Procedure.

Related Legislation

  • Charter of Rights for Children and Young People in Care.
  • Children's Protection Act 1993
  • Children's Services Act 1985
  • Crimes Act 1914 Part IIIA (Child Sex Tourism).
  • Criminal Code Act 1995, (Telecommunications Offences, Subdivision C).
  • Geneva Declaration of the Rights of the Child
  • The United Nations Convention on the Rights of the Child
  • Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

Supporting HWH Documentation

  • Behavioural Management Policy and Procedure.
  • Code of Ethical Behaviour
  • Child Protection Policy and Procedure
  • Complaints Management Policy and Procedures.
  • Confidentiality Policy and Procedure
  • Criminal History Clearance Policy and Procedure.
  • Privacy Policy and Procedures
  • Recruitment Policy and Procedure
  • Risk Assessment Management Policy and Procedure
  • Vulnerable Adult Policy and Procedure
  • WHSE - Incident Concern Reporting Policy and Procedure

Breaches of This Policy

A breach of this policy is grounds for disciplinary action, up to and including termination of employment. Ignorance of these procedures will not generally be accepted as an excuse for non-compliance. Only in extreme circumstances and where such ignorance can be demonstrated to have occurred through no fault of the individual concerned will HWH accept such an argument.

Distribution and Review

HWH will ensure all persons engaged in providing services, either paid or unpaid, will be aware of this policy and will have easy access to it in an appropriate format. All policies are to be reviewed periodically or when legislation or government policy determines.