3   DEFINITIONS

External organisation: Refers to any organisation including government and non-government primary school, secondary school orpre-school. External organisations also include tertiary institutions, churches or any other organisation where children are engaged.External organisations are also defined as being beyond the administrative or legal control of the Employer.

Personnel: refers to any employed, volunteer or visiting person engaged by the Employer specifically to work with children. Wherepersonnel are specifically related to the Employer, they are referred to within this policy as Employer personnel.

4   CHILD PROTECTION POLICY STATEMENT

MANDATORY REPORTERS

A mandatory reporter in NSW is an individual required by under Section 27 of the Children and Young Persons

{Care and Protection) Act 1998 to report to the Child Protection Helpline {132 111) when he/she has reasonable grounds to suspectthat a child, or a group of children, is at risk of significant harm from abuse or neglect, and those grounds arise during the course of, orfrom, the person's work.

Conservatorium employees are mandatory reporters.

REPORTABLE CONDUCT UNDER THE OMBUDSMAN ACT

Reportable conduct refers to the following:

• Any sexual offence or sexual misconduct committed against, with or in the presence of a child (including a child pornography offence; or

• An offence involving child abuse material [within the meaning of Division 15A of Part 3 of the Crimes Act 1900); or

• Any assault, ill treatment or neglect of a child; or

• Any behaviour that causes psychological harm to a child, whether or not, in any case, with the consent of the child. Young persons {age 16-17 years)

• As a mandatory reporter in NSW, you should also report concerns you have about the safety, welfare, or well-being of ayoung person, under Section 24 Children and Young Persons {Care and Protection) Act 1998.

PROCEDURES FOR REPORTING CONCERNS

If there are concerns about the safety, welfare or well-being of a child or young person normal procedures for reporting to Department ofFamily and Community Services {FaCS) are to be followed:

• Inform the Director

• Gather relevant information to make a report to FaCS however, EMPLOYEE are not permitted to investigate or probestudents for further information. Where a legitimate concern exists report first.

• Provide any further information required by the FaCS Helpline Officer

• If these concerns relate directly to the actions of the Executive Director, report these directly to FaCS via their Helpline on132 111.

SAFEGUARDS FOR PEOPLE MAKING A REPORT

• The identity of any individual who makes a report is confidential, although it is necessary to provide some identifyingdetails when a report is made to FaCS Helpline.

• Any person who makes a report in good faith to FaCS {or to a person who has the power or responsibility to protect thechild or young person, i.e. the Executive Director) has the following protection by law:

• The making of a report does not constitute a breach of professional ethics or a departure from accepted standards ofprofessional conduct

• No liability for defamation can be incurred because of the report

• The report is not admissible in any proceedings as evidence against the person who made the report

• A person cannot be compelled in any proceedings to provide the report or give evidence of any of its contents

• No person may disclose to anyone {including the parent/carer) the identity of the person who makes the report unless withthe person's permission, or in accordance with a court order

• No EMPLOYEE member should respond to an enquiry or complaint about a report or confirm or deny that any report hasbeen made

CHILD PROTECTION EMPLOYMENT REQUIREMENTS

The Employer requires that all activities conducted by the Employer or in conjunction with the Employer including, but not restrictedto, teaching, excursions, conducting, recitals, examinations and performance programs in government and non-government schools or other external organizations conform to the Employer's Risk Management policies and procedures regarding childprotection and OH&S.

Accordingly:

• All new personnel involved with children under the auspice of the Employer will be required to complete a NSW Workingwith Children Check as per the requiremenets of the Commission for Children and Young People and the Office of theChildren's Guardian.

Application and information for the NSW Working with Children Check can be done at the Office of the Children's Guardian website: http://www.kids.nsw.gov.au/Working-with-children/New-Working- with-Children-Check

•  All Employer personnel are required to provide the Employer with their NSW Working with Children Check Number priorto the commencement of employment.

All offers of employment with the Employer are contingent upon a successful Working with Children Check.

• All personnel engaged with the Employer will be required to adhere to the Employer's Code of Conduct.

• Child Protection training is a fundamental requirement of the Employer's employment.

Training in Child Protection is a legislative requirement and applies to all Employer personnel. Training in Child Protection ismandatory and will be provided at the Employer's expense.

All teaching venues must adhere to the Employer's Teaching Studio Risk Management Policy. Offsite teaching studios may not be utilised except where written approval from the Employer's Risk Management Committee has been received.Schools where the Employer's programs are in operation will be required to assist the Employer in the management of theEmployer's Teaching Studio Risk Management Policy.

At the commencement of duties and annually thereafter this policy and training will be updated and signed off by allEmployer EMPLOYEE as being read and understood.

CHILD PROTECTION REPORTING PROCEDURES

When allegations have been made against the Employer's staff to the Employer

• The Employer will treat all reports in strict confidentiality and protect the professional reputation of teachers at all times. TheEmployer will operate all child protection matters on an allegation basis.

• All Employer personnel are required to report any matter pertaining to the protection of children under this policy.

• All Employer personnel are required to report any Child Protection matter to the Employer's Executive Director orhis/her nominee within three days.

• The Employer will report immediately to Family and Community Services {FaCS) in accordance with the NSWOmbudsman's Act 1974 and Child Protection Legislation Amendment Act 2003.

• In accordance with legislation, the Employer will report any allegation of child abuse without initial reference to thepersonnel to FaCS and the Ombudsman's Office. Under legislation, the Employer will not investigate the matter further untilformal investigations by relevant external organisations are complete.

When a school has lodged an allegation regarding Employer staff.

Where allegations are made against any Employer personnel within the jurisdiction of an external organisation including schools, theEmployer will take advice from that organisation and the relevant child protection agency attached to that organisation.

Where allegations relate to reportable conduct, the Employer's Director will report the matter independently to the externalorganization to FaCS and/or the police where appropriate.

The Employer will suspend all duties of the recipient of the allegation with that external organisation until cleared by thatorganisation's child protection agency, or the Police depending upon the nature and seriousness of the allegation.

The Employer reserves the right not to suspend personnel from other Employer activities where insufficient evidence isprovided by the external organisation to support suspension.

Where allegations are of a serious or sexual nature, the Employer will act in accordance to advice from the Department of CommunityServices, the Police, CCYP or the relevant Child Protection agency attached to the external organisation.

Allegation management of non-Employer employee

Where allegations are made to the Employer relating to persons who are not Employer Personnel, the Employer will report any allegation of abuse according to legislative requirements as detailed in the Commission for Children and Young People {CCYP)Act 1998. Where abuse is alleged to have occurred within the jurisdiction of an external organisation, the Employer will act in

accordance with the legislation and consult with the Child Protection Agency attached to the external organisation.

All allegations will be held in the strictest confidence in accordance with the Privacy Act 1988.

ALLEGATION MANAGEMENT OF EMPLOYER PERSONNEL

Employer Actions in response to allegations against Employees - Non-reportable, Inappropriate conduct with children

Where conduct is deemed non-reportable by the NSW Ombudsman's Act 1974 and Child Protection Legislation Amendment Act2003 and the CCYP Act 1998, the Upper Hunter Conservatorium of Music reserves the right to take appropriate disciplinary action, upon legal advise, where personnel are alleged to have acted inappropriately with children.

Casual employee: Suspend without pay any casual personnel from all Employer activities where allegations relate to serious orsexual abuse of children. This includes any behaviour regarded under the NSW Ombudsman's Act 1974 or the Child ProtectionLegislation Amendment Act 2003 and the CCYP Act 1998 as reportable conduct. This suspension will be reviewed every four weeks

after appropriate risk assessment of evidence available to the Employer.

Salaried EMPLOYEE or permanent Administrative or Auxiliary employee: Suspend fixed term contract personnel on full pay for theduration of the investigation from all Employer activities where allegations relate to serious or sexual abuse of children. This includesany behaviour regarded under the NSW Ombudsman's Act 1974 or the Child Protection Legislation Amendment Act 2003 asreportable conduct.a. b. This matter will be reviewed every four weeks after appropriate risk assessment of evidence available to theEmployer. Updates will be provided to the suspended personnel at the same time.

The conditions of suspension will be reviewed at 10 weeks from suspension date where investigations do not reject, on the basis ofevidence, the allegation.

The Employer's Board of Management reserves the right, upon appropriate risk assessment and legal advice, to terminate a fixedterm contract where criminal charges are laid or where evidence available to the Employer suggests further contact, by the alleged,with children carries a high probability of risk to children or the Employer.

All personnel: The Employer reserves the right to terminate any personnel contract immediately upon advice from the Ombudsman,Police or other authority where criminal charges are made against any Employer personnel or where extreme risk to children or theEmployer is probable.

EQUITY AND CONFIDENTIALITY

The Employer will treat all allegations in the strictest of confidence under the Privacy Act 1988 and the Freedom of Information Act1982. The Employer will provide wherever possible emotional and medical support to any child or adult who has been the recipient ofabuse while in the care of the Employer at the time of the abuse or where the abuse was inflicted by Employer personnel.

Any CONSERVATORIUM personnel who are the recipient of an allegation of abuse will be offered whatever emotional supportmay be required to assist them through the investigative process. All personnel are required to maintain strict confidentiality relatingto all aspects of this policy or any case/ situation/ investigation falling under this policy. Any breach of confidentiality in relation to anycase/ situation/ investigation falling under this policy will be regarded as serious and will attract disciplinary action or, where appropriateand in conjunction with legal advice, termination of contract.

ROLE AND RESPONSIBILITIES

Conservatorium Personnel

All Conservatorium Personnel are required to make themselves available for Child Protection Training as provided or required by theConservatorium's Child Protection Policy. All Conservatorium personnel are bound by the NSW Ombudsman's Act 1974 to report any incident of Child Abuse within the context of the Conservatorium and this policy to the Director within three days of the receipt ofthe allegation. A failure to report an allegation of abuse within this time frame may result in disciplinary action or termination of contract depending upon the nature of the allegation.

The Director

The Conservatorium's Director will manage the Conservatorium's Child Protection Policy and ensure that all UPPER HUNTERCONSERVATORIUM personnel are trained in Child Protection. The Conservatorium's Director will report all allegations of abuseto FaCS and the Commission for Children and Young People {CCYP) within three days of receipt of the allegation. A failure toreport

in accordance with legislative requirements may result in disciplinary action or termination of employment. The Conservatorium's Director will advise and consult with the Board in the management of the Conservatorium's RiskManagement Policy and the relevant linking of policies to Child Protection. The Conservatorium's Director will inform, under theconfidentiality conditions of this policy, the Chair of the Conservatorium's Board of Management any allegations made againstConservatorium Personnel.

The Conservatorium's Director will, upon consultation with the Conservatorium's Board of Management, enact any component of this policy as required. The Conservatorium's Director is required to ensure the Conservatorium's Board of Management is madeaware of all allegations against Conservatorium Personnel in relation to risk management. The Conservatorium's Director is notentitled to disclose confidential aspects of any allegation to the Board of Management beyond that which is required to manage risk. The Conservatorium's Board of Management must treat all matters falling under this policy as strictly confidential under therelevant legislation. The Conservatorium's Director is required at the completion of any employment proceedings in relation to thispolicy to notify CCYP under attachment 8 of the Working with Children Check Guidelines. The Conservatorium's Director will inaccordance with Attachment 10 of the guidelines notify the personnel involved with the notification of any relevant notifications utilising the pro-forma documents provided by CCYP.