Policies & Procedures: Child Safe Organisation

Byron Youth Theatre (BYT) upholds the National Principles for Child Safe Organisations.

Childrens well being and safety are of paramount importance and we are pleased to announce that Director Lisa Apostolides has completed the online training established by the Australian Human Rights Commission, Chid Safe Organisations. All staff members engaged with Byron Youth Theatre and MPACT ( Mullum Performing Arts Community Theatre) will receive training in the National Principles and BYT’s policies and procedures.

The following information outlines our policies and procedures. These have been created to ensure BYT and MPACT staff, volunteers and classes;

Creates an environment where children’s safety and wellbeing is at the centre of thought, values and actions.
Places emphasis on genuine engagement with and valuing of children and young people.
Creates conditions that reduce the likelihood of harm to children and young people.
Creates conditions that increase the likelihood of identifying any harm.
Responds to any concerns, disclosures, allegations or suspicions of harm.

CHILD SAFE POLICY

Introduction

Byron Youth Theatre & MPACT ( Mullum Performing Arts Community Theatre) is committed to promoting and protecting the interests and safety of children. We have zero tolerance for child abuse.

Everyone working at Byron Youth Theatre is responsible for the care and protection of children, and reporting information about child abuse.

For the purposes of the policy and procedure documents the term Byron Youth Theatre or BYT will encompass both Byron Youth Theatre and MPACT organisations as they are managed by the same Director and staff.

Purpose

The purpose of this policy is:

To have an organisational culture of child safety.
To proactively prevent child abuse within Byron Youth Theatre
To ensure that all parties are aware of their responsibilities for identifying possible occasions for child abuse and for establishing procedures for preventing such abuse and/or detecting such abuse when it occurs.
To provide guidance to staff/volunteers/contractors as to action that should be taken where they suspect any abuse within or outside of the organisation.
To provide a clear statement to staff/volunteers/contractors forbidding any such abuse.
To provide assurance that any and all suspected abuse will be reported to the relevant authorities including, but not limited to NSW Policing, and Child and Youth Protection Services, as covered by the Children and Young Person ( Care and Protection) Act 1998

BYRON YOUTH THEATRE CHILD SAFE POLICY

Definitions

Child means a person below the age of 12 years.

Young Person a person between the ages of 12 and 18 years.

Child protection means any responsibility, measure or activity undertaken to safeguard children and young people from harm.

Child abuse means all forms of physical abuse, emotional ill-treatment, sexual abuse and exploitation, neglect or negligent treatment, commercial (e.g. for financial gain) or other exploitation of a child or young person and includes any action that results in actual or potential harm to a child or young person.

Child sexual assault is any act which exposes a child or young person to, or involves a child or young person in, sexual processes beyond his or her understanding or contrary to accepted community standards. It includes grooming, which refers to actions deliberately undertaken with the aim of lowering the child’s or young person’s inhibitions in preparation for sexual activity with the child or young person.

Core Staff means someone on payroll (as at January 2023 this includes Artistic Director/CEO, General Manager, Program Administrator, and Marketing & Administration Coordinator), as opposed to a Workshop Artist or other regular contractor.

Cultural Safety is an environment that is safe for people: where there is no assault, challenge or denial of their identity, of who they are and what they need. It is about shared respect, shared meaning, shared knowledge and experience, of learning, living and working together with dignity and truly listening.

Reasonable grounds for belief is a belief based on reasonable grounds that child abuse has occurred when all known considerations or facts relevant to the formation of a belief are taken into account and these are objectively assessed.

A reasonable belief is formed if a reasonable person believes that:

(a) The child or young person is in need of protection,

(b) The child or young person has suffered or is likely to suffer “significant harm as a result of physical injury”,

(c) The parents are unable or unwilling to protect the child or young person. A ‘reasonable belief’ or a ‘belief on reasonable grounds’ is not the same as having proof, but is more than mere rumour or speculation.

A ‘reasonable belief’ is formed if a reasonable person in the same position would have formed the belief on the same grounds. For example, a ‘reasonable belief’ might be formed if:

A child or young person states that they have been physically or sexually abused;
A child or young person states that they know someone who has been physically or sexually abused (sometimes the child or young person may be talking about themselves);
Someone who knows a child or young person states that the child or young person has been physically or sexually abused;
Professional observations of the child or young person’s behaviour or development leads a professional to form a belief that the child or young person has been physically or sexually abused or is likely to be abused; and/or
Signs of abuse lead to a belief that the child or young person has been physically or sexually abused.

Mandatory Reporting is where an organisation or individual is deemed a designated entity. These individuals or organisations must report any reportable conduct to the Child and Youth Protection Services. Byron Youth Theatre is not deemed a designated entity. However, if we are contracted directly by a designated entity, the designated entity may act on information provided by Byron Youth Theatre staff, should the need arise.

Reportable conduct scheme outlines any behaviour considered Reportable Conduct that may cause harm to a child or young person. This includes physical abuse; emotional abuse; daily violence; and neglect.

Voluntary reporter is any adult in NSW who is not a designated individual or organisation. They may make reports to either Child and Youth Protection Services or NSW Policing with their concern of reportable conduct. Byron Youth Theatre is a voluntary reporter.

Designated Entity is any employer or employee covered by the Mandatory Reporting Scheme. A full list can be found here. Byron Youth Theatre is not a designated entity.

BYRON YOUTH THEATRE CHILD SAFE POLICY

Policy

Byron Youth Theatre is committed to promoting and protecting the safety of children involved in its programs and activities at all times, through the implementation of the National Principles of Child Safe Organisations.

Byron Youth Theatre pays attention to the needs of Aboriginal and Torres Strait Islander children and young people, children and young people with a disability, and children and young people from culturally and linguistically diverse backgrounds and we have Cultural and Linguistic Diversity and Disability Inclusion Action Plan policies in place.

Byron Youth Theatre acknowledges the extra barriers that are faced by children and young people who may be from these backgrounds. Byron Youth Theatre is a culturally safe place for all children and young people. Byron Youth Theatre has zero-tolerance for child abuse of any kind. Everyone (employees, contractors, associates and family members) at Byron Youth Theatre is responsible for the care and protection of the children and young people within our care and reporting information about suspected abuse of children and young people.

Byron Youth Theatre respects and supports all children, staff and volunteers. We actively seek children and young people’s views on what we do and act upon any concerns raised.

While Byron Youth Theatre does not have Mandatory Reporting obligations, we are committed to be a Voluntary Reporter if we form a belief on reasonable grounds that a child or young person has experienced abuse or neglect as outlined in the NSW Reportable Conduct Schemes. Where Reportable Conduct is involved, an independent investigator may be engaged. Where we have concerns, a Child Concern Report may be filed with Child and Youth Protection Services. As outlined by NSW Department of Communities and Justice: Mandatory Reporting

Where Byron Youth Theatre is contracted by a designated entity such as a School or Out of School Hours Care, and offers a program such as Specific Workshops, Holiday Workshop or weekly workshop, (ie, not as a hirer at a school), Byron Youth Theatre is considered an employee of the designated entity. In this instance, the designated entity is a mandatory reporter and would need to report allegations about Byron Youth Theatre staff, if they were to arise.

BYRON YOUTH THEATRE CHILD SAFE POLICY

Responsibilities

The Board of Byron Youth Theatre has ultimate responsibility for the detection and prevention of child abuse and is responsible for ensuring that appropriate and effective internal control systems are in place. The Board of Byron Youth Theatre endorses Byron Youth Theatre’s Child Safety Policy.

The Board is also responsible for ensuring that appropriate policies and procedures and a Child Protection Code of Conduct are in place.

The Artistic Director / CEO and General Manager of Byron Youth Theatre is responsible for:

Dealing with and investigating reports of child abuse;
Ensuring that all staff, contractors, and volunteers are aware of relevant laws, organisational policies and procedures, and the organisation’s Code of Conduct;
Ensuring that all adults within the Byron Youth Theatre community are aware of their obligation to report suspected sexual abuse of a child in accordance with these policies and procedures;
Ensuring that all staff, contractors and volunteers are aware of their obligation to observe the Code of Conduct (particularly as it relates to child safety);
Providing support for staff, contractors and volunteers in undertaking their child protection responsibilities.

All Staff (administrative, production and Workshop Artists) must ensure that they:

Promote child safety at all times;
Assess the risk of child abuse within their area of control and eradicate/minimise any risk to the extent possible; and
Report inappropriate behaviour or suspected abusive activities.

Everyone shares in the responsibility for the prevention and detection of child abuse, and must:

Familiarise themselves with the relevant laws, the Code of Conduct, and Byron Youth Theatre’s policy and procedures in relation to child protection, and comply with all requirements;
Report any reasonable belief that a child’s safety is at risk to the relevant authorities. In NSW, if you suspect a child is at risk of abuse or neglect by a family member or guardian, you can call the CHILD PROTECTION HELPLINE ON 13 2111 to report your concerns. If you believe a child is in immediate danger, contact the Police now by calling 000. In NSW, anyone over 18 years old who reasonably believes a sexual offence has been committed against a child must make a report to Police. It is an offence to have reasonable belief and not make a report.
Report any suspicion that a child’s safety may be at risk to the Program Administrator, General Manager or Artistic Director (or if they are involved in the suspicion, to a member of the Board); and

Provide an environment that is supportive of all children’s emotional and physical safety

BYRON YOUTH THEATRE CHILD SAFE POLICY

Procedures

Employment of New Personnel

The recruitment and screening process at Byron Youth Theatre aims to engage staff and volunteers to ensure the safest and most suitable people who share Byron Youth Theatre’s commitment to protect children and young people. This recruitment process prompts and protects the safety of all children and young people under the care of the organisation, by preventing a person from working for Byron Youth Theatre if they pose a risk to children or young people.

All staff and volunteers at Byron Youth Theatre must hold a valid Working with Children check document, or equivalent from other jurisdictions. A copy of the Working With Children Check document is kept on file for every employee.

All staff and volunteers are subject to reference checks prior to engagement at Byron Youth Theatre. Reference checks include specific questions to ascertain the individual’s suitability for working with children.

From May 2023, all new staff and volunteers engaged by Byron Youth Theatre will be given specific child safety training as part of their induction. This training module will be reviewed yearly, and additional training will be provided to all staff where necessary. Existing staff members will complete this training no later than June 2023.

This training will ensure that all Byron Youth Theatre staff will have the skillset to:

• Be aware of the warning signs and be open to noticing them. Understand the organisational protocols and procedures, know them and use them. • Provide mutual support between staff members.

Risk Management

Byron Youth Theatre will ensure that child safety is a part of its overall risk management approach.

Byron Youth Theatre’s core staff are committed to identifying and managing risks at Byron Youth Theatre. Core staff will ensure that all staff receive regular and up to date training in relation to child safety.

High risk situations such as one-on-one rehearsals or overnight stays will be individually assessed by the Core Staff ahead of being undertaken. Protocols will be documented and agreed with participants and their families ahead of time.

BYRON YOUTH THEATRE CHILD SAFE POLICY

Reporting

Any staff member, volunteer or contractor who has strong grounds to suspect sexual abuse must immediately notify the appropriate child protection service or the police. They should also advise a core staff member about their concern. Any staff member, volunteer or contractor who has reasonable belief to suspect Reportable Conduct must immediately advise a core staff member about their concern.

In situations where a core staff member is suspected of involvement in the activity, or if the person having the suspicion does not believe that the matter is being appropriately addressed or dealt with, the matter should be reported to the next highest level of supervision or the Board.

Core staff members must report complaints of suspected Reportable Conduct to the Artistic Director/CEO. If appropriate, the Artistic Director/CEO will launch an investigation into the concern, or make a Child Concern Report, or contact the police.

Parents and families are encouraged to contact the Program Administrator should they believe any Reportable Conduct has taken place or they suspect abuse. The Program Administrator can be contacted at 0403023693; byronyouththeatre2481@gmail ATT: Program Administrator

The following Investigating and Responding guidelines will be followed regardless of who reports the allegations.

Investigating

If the police, Department of Communities and Justice (DCJ) or an independent investigator engaged by Byron Youth Theatre for an internal investigation conduct an investigation of this reported Reportable Conduct, all employees, contractors and volunteers must cooperate fully with the investigation.

Any such investigation will be conducted in a fair and reasonable manner. The Core Staff will make every effort to keep any such investigation confidential; however, from time to time other members of staff may need to be consulted in conjunction with the investigation.

After an initial review and a determination that the Reportable Conduct warrants additional investigation, the Core Staff will coordinate the investigation with the appropriate investigators and/or law enforcement officials. Internal or external legal representatives will be involved in the process, as deemed appropriate.

In certain circumstances, Byron Youth Theatre may act on the advice of DCJ, and direct children and young people to non-judicial support services such as the regional Child and Family Services

BYRON YOUTH THEATRE CHILD SAFE POLICY

Responding

If it is alleged that a member of staff, contractor or a volunteer may have committed an offence or have breached the organisation’s policies or its Code of Conduct the person concerned may be stood down (with pay, where applicable) while an investigation is conducted.

If the investigation concludes that on the balance of probabilities an offence (or a breach of the organisation’s policies or Code of Conduct) has occurred then disciplinary action may follow, including dismissal or cessation of involvement with the organisation. The findings of the investigation will also be reported to any external body as required.

Privacy

The privacy of the individuals involved in any investigation or incident will be respected unless there is a risk to someone’s safety.

Everyone is entitled to know how their personal information is recorded, what will be done with it, and who will be able to access it. Please see Byron Youth Theatre’s Privacy Policy for more details.

Reviewing

Every two years, and following every reportable incident, a review shall be conducted to assess whether the organisation’s child protection policies or procedures require modification to better protect the children under the organisation’s care.