The Department of Foreign Affairs and Trade Child Protection Policy 2017 provides a risk-based approach to the management of child protection risks in the delivery of DFAT business. DFAT recognises that it is the shared responsibility of all adults to prevent child exploitation and abuse. Show
The Policy applies to all DFAT funded partners that receive funding; including contractors and civil society organisations funded by DFAT including individual contractors, partners or organisations subcontracted by DFAT funded contractors or civil society organisations, personnel of DFAT-funded contractors and civil society organisations, Australian Volunteers for International Development Program participants and partners. Information on the child protection policy and the child protection minimum standards are outlined in the Child Protection Policy 2017. Queries about the Policy should be directed to or call +61 2 6178 5100. Child Protection PolicyChild Protection Policy [DOCX 460 KB] | [PDF 1 MB] Child Incident Notification FormChild Incident Notification Form [DOCX 57 KB] | [PDF 62 KB] DFAT Child Protection Guidance NotesEstablishing Child Protection Risk Context [DOCX 379 KB] | [PDF 783 KB] Child Protection in Emergencies [DOCX 408 KB] / [PDF 299 KB] Criminal Record Checks (DFAT Partner Organisations) [DOCX 455 KB] | [PDF 365 KB] Education Programs [DOCX 423 KB] | [PDF 301 KB] Extractive Industries [PDF 431 KB] | [PDF 328 KB] Health Activities [DOCX 423 KB] | [PDF 301 KB] Infrastructure Activities [DOCX 429 KB] | [PDF 320 KB] Monitoring and Evaluation [DOCX 429 KB] | [PDF 297 KB] Private Sector Activities [DOCX 422 KB] | [PDF 302 KB] Recruitment and Screening [DOCX 410 KB] | [PDF 313 KB] Reporting and notifications [DOCX 432 KB] | [PDF 319 KB] Social Media and Use of Images [DOCX 422 KB] | [PDF 296 KB] Violence Against Women Programs [DOCX 422 KB] | [PDF 297 KB] Women's Economic Empowerment Programs [DOCX 408 KB] | [PDF 298 KB]
Meeting the needs of children and making sure they are safe in the family is a shared responsibility between individuals, the family, the community and the government. When adults caring for children do not follow through with their responsibilities, are abusive or exploit their positions of power, then child protection is empowered to investigate the concerns and intervene to protect the child legally when required. The Victorian Child Protection Service is specifically targeted to those children and young people at risk of harm or where families are unable or unwilling to protect them. The main functions of Child Protection are to: The following professional groups are required to make a report to child protection where they form a reasonable belief, that a child has been or is at risk of significant harm, as a result of physical or sexual abuse, and the child’s parents have not protected or are unlikely to protect the child from that abuse: As a mandated reporter, you are legally obliged to: In addition, any person who believes on reasonable grounds that a child needs protection can make a report to Child Protection. Child protection will decide when follow up is required and how to classify the report. This may mean providing advice to the reporter, progressing the matter to an investigation, or referring the family to support services in the community, or taking no further action. To make a report refer to the Reporting child abuse page. More information is available on the Mandatory reporting page of our Providers site. It is an offence for an adult not to disclose child sexual abuse. The offence requires that any adult who holds a reasonable belief that a sexual offence has been committed in Victoria by an adult against a child (aged under 16) disclose that information to police. The offence applies to all adults in Victoria, not just professionals who work with children, unless they have a reasonable excuse.
Further information about the Offences to improve responses to child sexual abuse and how to report is available on our Providers site. Child protection lawChild protection law strengthens the Victorian Government’s response to children and young people in out-of-home care, their parents and carers, and the services that support them. For a detailed overview of changes to the law that will support more timely decision-making and permanency for children, see Changes to child protection law on our Providers site. Leaving children unattendedIn Victoria it is an offence for a person responsible for a child to leave the child unattended for any longer than is reasonable, without making appropriate arrangements for the child’s supervision and care. This includes leaving a child at home, or in a car, or anywhere else unattended. The Leaving children unattended section on Changes to child protection law in our Providers site, contains guidance for adults responsible for children about leaving children unattended and includes an overview of Victorian law.
This resource sheet provides a brief overview of child protection legislation across state and territory jurisdictions in Australia. Child protection is an area of public law where authorities may intervene in family settings because of an allegation of harm or significant risk of harm to a child (Titterton, 2017). In Australia, there is some Commonwealth legislation that provides guidance on child protection; however, state and territory governments have responsibility for the administration and operation of child protection services. Each state and territory has its own Act of Parliament (often referred to as laws) that governs how child protection interventions work. Across Australia, a set of key principles guide all child protection legislation and a national framework provides a shared agenda for change in the way Australia manages child protection issues. This resource sheet outlines:
Note: For information on the state or territory agency responsible for child protection in each jurisdiction, see the CFCA resource sheet Reporting child abuse and neglect: Information for service providers. Key principles guiding legislationEach state and territory in Australia has its own child protection legislation, in addition to Commonwealth legislation. Key principles based on human rights conventions and frameworks underpin Australian legislation to ensure it is consistent and upholds children’s rights and interests. Human rightsThe principles of the United Nations Convention on the Rights of the Child (United Nations, 1989) underpin all of Australia’s child protection legislation. The Commonwealth Australian Human Rights Commission Act 1986 (Cth) (AHRC Act) provides guidance on how to uphold the principles in the Convention on the Rights of the Child (AHRC Act Part III Schedule 3). The Australian Capital Territory, Queensland and Victoria have human rights Acts or charters that also guide their child protection legislation and services. Other jurisdictions do not have human rights Acts but seek to include the protection of human rights within their legislation. Child protection principlesThe Family Law Act 1975 (Cth) is the key piece of Commonwealth legislation that sets out how child protection concerns raised in federal family law proceedings should be managed, including reporting obligations for family law court staff and mechanisms for courts to obtain information from child protection agencies. Child protection legislation in each state and territory differs according to local needs (Australian Institute of Health and Welfare [AIHW], 2021; Wise, 2017). However, legislation across the Commonwealth, states and territories has similar guiding principles. These principles include:
An overview of these guiding principles in state and territory legislation is outlined below. 1. Best interest of the child Legislation in all jurisdictions identifies the best interests of the child as the ‘paramount’ principle in decision-making processes. Each jurisdiction has policy provisions to guide decision making in line with this principle. For example, section 5A of the Child Protection Act 1999 (Qld) outlines the best interests of the child as the main principle for administering the Act. As a result, conflicts between a child’s best interests and the interests of an adult caring for the child are to be ‘resolved in favour of the child’s safety, wellbeing and best interests’ (section 5A). 2. Early intervention and support for families While all jurisdictions identify the use of early support or intervention services to prevent entry or re-entry into the statutory system, the delivery of these services varies. Each jurisdiction determines how much non-government service providers are involved in, or responsible for, the delivery of services and their funding. For example, the Children and Young People (Safety) Act 2017 (SA) states early intervention is a priority where children and young people may be at risk (section 9). This Act also specifies that decisions and actions should be ‘made as early as possible in the case of young children in order to promote permanence and stability’ (section 10(1)(a)). 3. Culturally appropriate care and the Aboriginal and Torres Strait Islander Child Placement Principle Each jurisdiction has general provisions for maintaining a child’s sense of cultural identity and community connectedness for Indigenous and non-Indigenous children. Aboriginal and Torres Strait Islander children have a right to grow up with a communal sense of belonging, a stable sense of identity, to know where they are from and to know their place in relation to family, mob, community, land and culture. These rights are recognised within the United Nations Declaration on the Rights of Indigenous Peoples and the United Nations Convention on the Rights of the Child. There are specific provisions for Aboriginal and Torres Strait Islander children, young people and their families within child protection legislation, policy and practice that recognise these rights. These provisions are the result of decades of advocacy by Aboriginal and Torres Strait Islander peoples, Aboriginal and Torres Strait Islander Community-Controlled Organisations (ACCOs) and others to address the disproportionate rate at which Aboriginal and Torres Strait Islander children were being adopted or placed in the care of non-Indigenous carers. This led to the development of the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP) (SNAICC, 2018). The ATSICPP contains five core elements: prevention, partnership, placement, participation and connection. All five elements should be implemented together to ensure that practice, policy and legislation:
All states and territories have implemented the ATSICPP either through legislation, policy or in regulation. For example, in Victoria, Part 1.2 Division 4 of the Children, Youth and Families Act 2005 (Vic.) section 13 outlines that the ATSICPP must inform decision making regarding Aboriginal children. In particular, section 18 allows the Secretary of the responsible department to authorise an approved ACCO to perform specified functions and powers in relation to a Children’s Court protection order for an Aboriginal child or young person (DHHS, 2018; Liddle et al., 2021). This means that the ACCO will take on all decision making and responsibility for the child’s case management and case plan (DHHS, 2018; Liddle et al., 2021). SNAICC conduct comprehensive annual reviews of how each state and territory is implementing the ATSCIPP. The reports identify areas for improvement for each jurisdiction and provide guidance on gaps in implementation. Family Matters, a national campaign to ensure Aboriginal and Torres Strait Islander children and young people grow up safe and cared for in family, community and culture, release annual reports that highlight trends in child protection policy and practice (Liddle,et al., 2021: p. 5). The most recent Family Matters Report 2021 shows that while state and territory governments have made progress, implementation of the ATSCIPP is still limited (Liddle et al., 2021). Legislative changes have also not yet reduced the significant overrepresentation of Aboriginal and Torres Strait Islander children and families in child protection systems. The rate of Aboriginal and Torres Strait Islander children removed from their families remains 10 times higher than for non-Indigenous children (Liddle et al., 2021). 4. Participation of children and young people in decision-making processes Legislation in all Australian jurisdictions supports involving children and young people in decision making (to the extent that their age and maturity allows). This includes consulting with and seeking the views of children on issues affecting their lives where appropriate. For example, where decisions are made in relation to a child under the Children, Young Persons and Their Families Act 1997 (Tas.), the child should be provided with ‘adequate information and explanation about the decision’ (section 10F). In addition, the child’s views should be taken into account, ‘having regard to the child’s maturity and understanding’ (section 10F) and courts ‘must allow the child a reasonable opportunity to give his/her own views personally’ during proceedings (section 56). However, this right to participation is limited where the child is considered incapable of expressing their views (section 56) and a child is not required to express their views (section 58). Safe and Supported: The National Framework for Protecting Australia’s Children 2021–2031Although state and territory governments are largely responsible for child protection, the National Framework sets out key priorities for managing child protection issues in Australia across jurisdictions. It aims to encourage consistent legislation and practice and sets benchmarks for assessing progress (COAG, 2021). The Australian Government, through the Department of Social Services, has been working closely with state and territory governments, Aboriginal and Torres Strait Islander leaders and the non-government sector to develop and agree on a successor plan to the National Framework for Protecting Australia’s Children 2009-2020. The second national plan, Safe and Supported: the National Framework was launched in December 2021 and its first two five-year Action Plans are expected to be finalised in 2022. For the first time, there will be an Aboriginal and Torres Strait Islander Action Plan developed in partnership with Aboriginal and Torres Strait Islander representatives alongside the general Action Plan. Safe and Supported: The National Framework is for all Australian children, young people and families, with a targeted focus on groups that are experiencing disadvantage or are vulnerable to abuse and neglect. Key to its success will be listening to the voices and views of children and young people and those who care for them. The four priority groups under the National Framework are:
The four focus areas under the National Framework are:
(COAG, 2021) Commonwealth, state and territory child protection legislationThis section outlines the key Commonwealth, state and territory legislation, including regulations, for child protection and other areas of legislation that overlap with child protection issues.
Areas of legislation
Commonwealth
Australian Capital Territory
New South Wales
Northern Territory
Queensland
*This legislation expires on 1 September 2023.
South Australia
*This legislation expires on 1 September 2022.
Tasmania
Victoria
Western Australia
Australian Institute of Health and Welfare. (2021). Child protection Australia 2019–20. Child welfare series no. 74. Cat. no. CWS 78. Canberra: AIHW Liddle, C., Gray, P., Burton, J., Prideaux, C., Solomon, N., Cackett, J. et al. (2021). The family matters report 2021. Victoria: SNAICC – National Voice for our Children. COAG (Council of Australian Governments). (2021). Safe and supported: The National Framework for Protecting Australia’s Children 2021–2031. Canberra: Commonwealth of Australia. Retrieved from www.dss.gov.au/the-national-framework-for-protecting-australias-children-2021-2031 Department of Health and Human Services (DHHS). (2018). Aboriginal children in Aboriginal care program. Melbourne: State of Victoria. Retrieved from <dhhs.vic.gov.au/publications/aboriginal-children-aboriginal-care-program> SNAICC – National Voice for our Children. (2018). Aboriginal and Torres Strait Islander Child Placement Principle: A guide to support implementation. Retrieved from www.snaicc.org.au Titterton, A. (2017). Indigenous access to family law in Australia and caring for Indigenous children. University of New South Wales Law Journal, 40(1), 146. United Nations. (1989). Convention on the Rights of the Child. Geneva: Office of the High Commissioner for Human Rights. Wise, S. (2017). Developments to strengthen systems for child protection across Australia (CFCA Paper No. 44). Melbourne: Child Family Community Australia (CFCA) information exchange, Australian Institute of Family Studies.
About this resource sheet
The Child Family Community Australia (CFCA) information exchange aims to ensure that information is accurate and up-to-date. A time delay may exist between legislative change and the update of this resource sheet. The information provided should be used as a guide only and does not provide legal advice. This resource sheet does not cover every piece of legislation. Individuals are encouraged to consider other legislation and common law that may overlap.
Acknowledgements
This paper was updated by Cat Strawa, Senior Research Officer with the Child Family Community Australia (CFCA) information exchange at the Australian Institute of Family Studies. Featured image: iStock/RinoCdZ Publication details CFCA Resource Sheet Published by the Australian Institute of Family Studies, 1 August 2022. Last updated 1 August 2022. |