Hi all
I thought I would share some recent correspondence from the SA Governments CSE program:
From: DHS:Child Safe <DHS.ChildSafe@sa.gov.au>
Sent: Thursday, July 6, 2023 3:23 PM
To: APODA <info@podiatry.org.au>
Subject: FW: your child safe guarding obligations - We're here to help
Good afternoon
We would like to offer some content for your newsletter and resources to your members. The Child Safe Environments Program in the SA Department of Human Services assists organisations to meet their legal obligations under the Children and Young People (Safety) Act 2017 to provide child safe environments.
All organisations that work with people under the age of 18 years are required to lodge a child safe environments compliance statement (every 5 years) with the Department of Human Services. This compliance statement consists of answers to approximately 13 questions about an organisation's practices when working with children and young people. Organisations are required to provide copies of their policies and procedures (relating to child safeguarding) as evidence of their answers.
Failure to lodge a child safe environments compliance statement exposes an organisation to a $10,000 fine under the Children and Young People (Safety) Act 2017. Additionally with the recent reform to the SA Civil Liability Act, the onus of proof involving allegations of harm to children and young people has been reversed. The organisation now needs to prove that it has taken all reasonable steps to prove that it was not negligent in providing services to children and young people. One of these steps would be having a completed child safe environment compliance statement in place.
We acknowledge that policy writing is often difficult for people who work in the allied health field so we have developed 2 templates: one for sole traders with no employees and another for sole trader's with employees. We have also developed a range of resources to assist organisations to develop policies that express their commitment to keeping children and young people safe. I have attached the 2 templates for you to provide to members or upload on your website.
Also attached is a short article for consideration in your newsletter to members (see below):
Article
Safeguarding Children
Did you know that if you work with people under the age of 18 years, you are legally required to lodge a child safe environments compliance statement in South Australia? Don't worry if you didn't know, the CSE Program is here to help you. The CSE Program has developed a range of resources to assist you to understand your child safeguarding obligations and the various laws that are about child protection in SA.
Lodging a child safe compliance statement is simple. Visit this page on the Department of Human Services website, click on the link to register with our compliance system and off you go. You will need to answer approximately 13 questions (depending on your business type) and provide copies of your policies about child safeguarding as evidence of your answers. To help you meet your legal obligations the CSE Program has developed a range of resources to assist you.
There are serious consequences for failing to lodge. Under the Children and Young People (Safety) Act 2017, your organisation could be exposed to a $10,000 fine. The recent changes to the SA Civil Liability Act, have reversed the onus of proof involving allegations of harm to children and young people. Organisations now need to prove that it has taken all reasonable steps to prove that it was not negligent in providing services to children and young people. One of these steps would be having a completed child safe environment compliance statement in place. There are also new provisions in the SA Criminal Law Consolidation act about child sexual abuse that have heavy jail penalties.
If you are unsure if you need to lodge a compliance statement or are unsure of you have already lodged a compliance statement, contact the CSE Program on 8463 6468 or visit dhs.sa.gov.au/cse
The CSE Program is available to assist organisations understand their obligations, develop their policies and provide advice on safeguarding children in their care.
Kind regards
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Steven Brown
Policy and Advocacy Officer
Australian Podiatry Association
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