Children and Young People

Safe space legal children and young people
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Children and Young People

Organisations working with children and young people have legal and moral obligations to ensure that they provide a Safe Space where children and young people are protected from abuse and harm. 

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Children and young people are inherently vulnerable to abuse and harm.  Children have a right to feel safe and be safe in all environments.  Exposing children and young people to abuse and harm may cause long-term trauma and impact their growth and development.  Organisations must take active steps to comply with their duty of care to mitigate risk of harm.

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Safe Space Legal provides exper legal services to organisations working with children and young people including: schools, local councils, sporting organisations, early learning centres and kindergartens, religious institutions and family services. 

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We work with clients to address their safeguarding needs, in a cost-effective and value focused manner. We ensure that we are always responsive, transparent and people-focused in our services, and support clients to implement our advice and recommendations.

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Child Safety

Organisations working with children and young people have legal and moral obligations to ensure that they provide a Safe Space where children and young people are protected from abuse and harm. 

Children and vulnerable people are inherently vulnerable to abuse and harm.  Children have a right to feel safe and be safe in all environments.  Exposing children and young people to abuse and harm may cause long-term trauma and impact their growth and development.  Organisations must take active steps to prevent abuse, comply with legislation and regulators and respond appropriately to critical incidents.

The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) made a number of recommendations to ensure the safety and wellbeing of children in organisations.  Child safety should be the paramount consideration for all organisations and organisations should have zero tolerance to child abuse and harm.

Since the Royal Commission, all states and territories have endorsed the National Principles for Child safe Organisations.  Many states and territories have enacted the National Principles into legislation through respective Child Safe Standards and also implemented a Reportable Conduct Scheme where respective government regulators oversee organisational responses to child safety concerns. 

Safe space legal children and young people

Our Services

Child Safety Policies
Developing child safety policies, procedures, codes of conduct, and complaints handling processes
Child Safety Investigations
Specialist child safety investigations, including under relevant Reportable Conduct Schemes and the Client Incident Management System
Audits
Audits against relevant state Child Safety Standards with practical advice to improve the safeguarding capacity of the organisation
Child Safety Training
Tailored child safety training, including training compliant with the child safe standards and Ministerial Order 1359
Legal advice
Expert safeguarding legal advice and representation
Incident management
Root cause analyses of critical child safety incidents and assistance with crisis management

Discover Frequently Asked Questions about Children and Young People

In Victoria the Commission for Children and Young People (CCYP) regulates the reportable conduct scheme and ensures that organisations are properly complying with the scheme.  The CCYP has the power to receive reportable allegations, conduct own motion investigations and make findings, can assess an organisations’ policies, procedures and practices to prevent, notify and investigate reportable allegations, provide oversight of investigations, build the capacity of organisations, and  refer findings to other regulatory bodies.

In Victoria, the Child Safe Standards are the 11 standards organisations working with children must comply with to ensure they provide safe services to children.  The standards outline the minimum expected outcomes organisations must aim to achieve to considered “child safe”.

The 11 standards are based on the National Principles for Child Safe Organisations. The 11 Child Safe Standards are:

  1. Organisations establish a culturally safe environment in which the diverse and unique identities and experiences of Frist Nation’s children and young people are respected and valued.
  2. Child safety and well-being is embedded in organisational leadership, governance and culture.
  3. Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.
  4. Families and communities are informed and involved in promoting child safety and well-being.
  5. Equity is upheld and diverse needs respected in policy and practice.
  6. People working with children and young people are suitable and supported to reflect child safety and well-being values in practice.
  7. Processes for complains and concerns are child-focussed.
  8. Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
  9. Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
  10. Implementation of the Child Safe Standards is regularly reviewed and improved.
  11. Policies and procedures document how the organisation is safe for children and young people.

All states and territories in Australia have endorsed the National Principles for Child Safe Organisations, and some states have enacted the National Principles into legislation. 

In Victoria, all organisations who are listed in Schedule 1 of the Child Wellbeing and Safety Act 2005 (Vic) must comply with the Child Safe Standards.  If your organisation has the care, supervision and authority of children it is required to comply with the standards unless the organisation does not provide services specifically for children, does not provide facilities specifically for use by children, or does not engage children in employment.

If you are concerned that an organisation is not complying with the Child Safe Standards or does not have the required policies, procedures and practices in place to meet the minimum expectations of the standards you should raise your concerns with the organisation through their complaints handling mechanism.  If you are concerned that an organisation is not responding appropriately to your concerns or is unable to respond appropriately, you can raise your concerns directly with the CCYP.

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