There is no doubt that the sobering outcomes of the Royal Commission into Institutional Responses to Sexual Abuse have caused Australian organisations to take stock of their child protection strategies. Investigating and preventing abuse in care has become a non-negotiable priority issue for many citizens and institutions across the nation. So what is the current state of play?
We reported in 2016 that the NSW legislature had made considerable headway into strengthening the state’s response to allegations of child abuse. NSW was the first state to draft and implement Reportable Conduct laws, which set out details of the types of events, behaviours and history that require reporting. This can include the insidious phenomenon of grooming conduct, whereby children are encouraged to trust a person who later engages in child abuse. Boundary violations are also one of the many behaviours that employers now must monitor. Last year, we also saw the powers and involvement of the NSW Ombudsmen gain traction, with better coordination of information around reports of child abuse in care
As we head into 2017, we are seeing some further promising action happening in other Australian states and territories. The ACT is leading the charge to stamp out child abuse, with the introduction of its own Reportable Conduct legislative scheme. Working off the NSW model, the ACT is embedding similar mandatory reporting mechanisms into the fabric of the territory government’s business-as-usual practices, yet as with NSW, there are inevitable challenges around information sharing across agencies.
Victoria has begun its own task of developing and implementing a range of up-to-date laws dedicated to fighting child abuse in care environments. The state is not as far advanced as the ACT in these initiatives, but there are positive signs that the state government will do what it can to improve information sharing within the bounds of privacy requirements.
PROTECTING AGAINST ABUSE IN 2017 AND BEYOND
The work ahead is considerable. As we can see, not all states and territories are currently on board with the necessary structures to counter child abuse. Yes, it is certainly a considerable task – to implement new legislation on reportable conduct, to link agencies more effectively and to update enforcement knowledge and skills. And for those employers investigating child abuse, any uncertainty around legal requirements can create unique investigative challenges.
As the Royal Commission has painfully shown, no work is too arduous when it comes to protecting Australia’s children from abuse – and indeed protecting any vulnerable individual such as the elderly or disabled in institutional settings.
One major outstanding task is the harmonisation of child protection legislation and policies around Australia. There is little hope of tightening the system if alleged perpetrators can simply cross borders into ‘’more relaxed” jurisdictions. COAG has ear-marked this coordination of child abuse responses as a priority area in 2017. We are hopeful that the council will show the necessary chutzpah to pull the states and territories into line on this urgent task of protecting children against abuse.
Even if the federal nature of Australian government makes Commonwealth measures difficult to implement in this space, harmonisation of separate schemes is far from impossible. There are many precedents demonstrating that the states can unify when the subject matter is sufficiently pressing. Surely this is perhaps the most pressing issue imaginable?
At Wise Workplace, we help employers to monitor and investigate alleged abuse at the ground level. While various governments around Australia are doing their best to learn and act from the Royal Commission, we are determined to give every employer the opportunity to establish the strongest possible strategies against child abuse that they can – right now.
Whether you are seeking advice on workplace audits, workplace investigations into abuse of children or others, the current legal state-of-play on reportable conduct – or indeed all of the above, then please do not hesitate to give us a call.
We’re also excited to announce our first training offerings in NSW and Victoria on the particulars of the abuse in care schemes, successful investigations and some important steps to take in every workplace. We can’t emphasise how important this is for all employers to take on board. Make sure you book in soon, as numbers are limited. Hope to see you there!
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