REPORT ABUSE

Diocesan workers’ obligations to report abuse

You are here:

Reporting concerns for the safety, welfare or wellbeing of children or vulnerable persons is a cornerstone of safeguarding culture.

Any diocesan worker who reports their concerns for a child or vulnerable person in good faith, will be supported by the Diocese, even if the concerns are later shown to be groundless.  The diocesan worker’s supervisor must ensure that no adverse consequences occur to the worker, because of making such a report.

Am I a diocesan worker?

A diocesan worker is any person engaged by or acting on behalf of the Diocese of Maitland-Newcastle, including those:

  • employed by the Diocese under an award or contract
  • volunteering their services, including authorised (foster) carers or relative or kinship carers, within the meaning of the Children and Young Persons (Care and Protection) Act 1998
  • contracted by the Diocese as a sole trader or other business to undertake particular tasks
  • people undertaking practical training as part of an educational or vocational course
  • clergy incardinated to the Diocese of Maitland-Newcastle or providing ministry as an agent of the Diocese
  • members of religious congregations working for or providing ministry on behalf of and in the name of the Diocese.

If you meet any of these criteria you are obliged to satisfy the following reporting obligations.

I need to report “concerns for children”

Concerns for children is a term used to capture a wide range of possible situations or issues that may adversely affect the safety, welfare or well-being of a child or class of children and includes those matters that may:

  • involve a criminal act
  • constitute ‘risk of significant harm’ (ROSH)
  • constitute reportable conduct under Part 4 Children’s Guardian Act 2019
  • constitute a breach of Integrity in Ministry, when considering the conduct of clerical and religious with children or vulnerable adults
  • constitute a breach of Integrity in the Service of the Church, when considering the conduct of lay diocesan workers with children.

Diocesan workers must report concerns for children to statutory authorities where appropriate, their supervisor and the Office of Safeguarding.

Peer-on-peer abuse

When assessing your reporting obligations as a Diocesan worker, remember that abuse committed by a child upon another child can be as equally abusive as that committed by an adult.  Abusive conduct by a child to another child is referred to as peer-on-peer abuse.  Diocesan workers must report serious peer-on-peer abuse to their supervisor, the Office of Safeguarding and, where appropriate, statutory authorities.

Working without a WWCC

Diocesan workers must also report any instance where they believe, on reasonable grounds, that a person is working in the Diocese with children but without a Working with Children Check (WWCC).

I need to report “Allegations of Abuse of a vulnerable PERSON”

Vulnerable persons refers to persons over 18 years of age:

  • suffering from a physical disability of sufficient severity that makes them dependent on another for assistance in everyday activities and self care
  • suffering a chronic and persistent mental illness that significantly impedes their competence
  • with a developmental delay or other cognitive disability to a moderate or profound degree
  • who has become physically or mentally frail as a result of advanced years.

The diocesan worker must have credible grounds to believe that a vulnerable person is being abused or is at risk of being abused.

Except in extraordinary circumstances, diocesan workers should discuss their concerns with the vulnerable person and ensure that person is in control of reporting their own situation.  If the vulnerable person states that they do not want their alleged abuse reported, the worker should respect the vulnerable person’s wishes.

However, there are some circumstances where the importance of reporting allegations of abuse takes precedence.  If one or more of the following criteria are present, a diocesan worker must report the alleged abuse, irrespective of the vulnerable person’s wishes:

  1. a serious indictable offence is alleged to have occurred or is at risk of occurring
  2. the alleged abuser is a diocesan worker
  3. there is evidence or a credible basis to believe that the vulnerable person is incapable of or restrained from making free or informed decisions.

When in doubt — contact the Office of Safeguarding

If you are uncertain about what you are dealing with, it is important to discuss your concerns with your supervisor. If your supervisor is unavailable or you believe they are conflicted or are unclear what to do next, as a diocesan worker, you have the right to contact the Office of Safeguarding to discuss your concerns:

P:   4979 1390 (Mon-Fri 9am-5pm)
E:   child.protection@mn.catholic.org.au

Reporting timeframes

The type of concern you have determines the timeframe in which you must report it. Some concerns may fit multiple criteria, for example, criminal and ROSH and “reportable conduct”. The following list is set out in order of priority.

If the crime is currently occurring or the situation is an emergency — ring 000 immediately and ask for Police.

If you suspect a crime has occurred — ring your local Police station or The Police Assistance Line 131 444 immediately.

You must contact your supervisor as a matter of urgency*.

If your supervisor is unavailable or you believe there is an issue with your supervisor, you must contact the Office of Safeguarding as a matter of urgency* 02 4979 1390.

Contact FaCS Child Protection Hotline 132 111 immediately or within 24 hours (in accordance with the MRG).

You must advise your supervisor as a matter of urgency*.

Also, you or your supervisor must report to the Office of Safeguarding within one business day 02 4979 1390 or email child.protection@mn.catholic.org.au.

You must advise your supervisor as a matter of urgency*.

Also, you or your supervisor must report to the Office of Safeguarding within one business day 02 4979 1390 or email child.protection@mn.catholic.org.au

You must contact the Office of Safeguarding within one business day 02 4979 1390 or email child.protection@mn.catholic.org.au

If the alleged breach of professional standards involves concerns for the safety, welfare or wellbeing of a child or vulnerable person, you must contact your supervisor within five business days.

Also, you or your supervisor must report to the Office of Safeguarding within five business days 02 4979 1390 or email child.protection@mn.catholic.org.au

If the alleged breach of professional standards does not relate to the safety, welfare or wellbeing of a child or vulnerable person but would be considered a complaint, you should contact your supervisor and act in accordance with the relevant complaints management policy and procedure.

* Reporting as a matter of urgency means reporting without delay. The diocesan worker will report the matter as a priority before other obligations or demands, and after addressing the immediate safety and wellbeing of the child, vulnerable person or other persons.

Factors that may make reporting more urgent

The reporting matrix sets out the timeframes applied to all diocesan workers. However, there are a number of factors that affect how urgently you should report your concerns.

  • The role of the person alleged as being abusive or neglectful. It is more urgent if the alleged abuser:
    • is a diocesan leader (principal, head of service, director of agency, cleric)
    • holds a position of prominence or trust in the community (law enforcement, the law, government or business).
  • The child who is the alleged victim has particular risk factors, including:
    • age, the younger the more dependent
    • intellectual or developmental delay
    • significant physical disability
    • chronic or acute medical condition, including mental health
    • English as a second language, culturally diverse background
    • diverse sexuality and gender
    • little or no interaction with external agencies or people, social invisibility and absence of adult allies.
  • The vulnerable person who is the alleged victim is wholly dependent on others for their safety and wellbeing.
  • The more serious the alleged behaviour and the greater the risk of causing significant, even permanent harm.
  • The alleged behaviour is being conducted by one or more adults who has the “whole of life” care of the child or vulnerable person (that is, abuse is occurring in the victim’s home and the abuser is the carer).

Failure to report concerns for children or vulnerable persons is a serious breach of professional standards

A diocesan worker failing to report their concerns for children or vulnerable persons is considered a serious breach of professional standards and may be, in particular circumstances, a criminal offence.

The Diocese will investigate any alleged failures to report and should it be established they failed to report in accordance with Diocesan policy and procedure, the worker may be subject to disciplinary proceedings. Disciplinary action may include:

  • counselling
  • formal censure and warnings
  • withholding of an increment
  • demotion to a lower classification or increment
  • transfer to another more appropriate position
  • suspension
  • termination of employment.

For volunteers, disciplinary action may involve being counselled or being directed to cease volunteering.