Mandatory Reporting Policy And Procedure V3 Jan 2013 Update

User Manual: Mandatory-Reporting-Policy-and-Procedure

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The Paraplegic and Quadriplegic Associ
The Paraplegic and Quadriplegic AssociThe Paraplegic and Quadriplegic Associ
The Paraplegic and Quadriplegic Association of SA Inc
ation of SA Incation of SA Inc
ation of SA Inc
Mandatory Reporting Policy and Procedures September 2011 page 1 of 5
Mandatory Reporting Policy and
Procedures
STATEMENT
The Paraplegic and Quadriplegic Association of South Australia Incorporated (PQSA)
acknowledges that it has a legal and moral obligation to protect its clients from any form of
abuse or neglect.
PQSA aims to reduce the risk of abuse or neglect occurring, and to ensure that a caring and
appropriate response is taken should abuse occur.
Approved by:
Date: September 2011
The Paraplegic and Quadriplegic Association of SA Inc.(PQSA) is incorporated under
the Association Incorporation Act 1985 (SA) and conducts its business through
operating Divisions, namely Support Services and HomeCare+.
Mandatory Reporting Policy and Procedures September 2011 page 2 of 5
SCOPE
Compliance with this policy is a condition of appointment for all persons engaged to provide
services on behalf of PQSA.
DEFINITIONS
Abuse - Can consist of one or more of but is not restricted to the following:
Physical Abuse - Any non-accidental physical injury resulting from practices such
as: hitting, punching and kicking to include but not necessarily be limited to; shaking
(particularly babies); burning (irons, cigarettes); biting, pulling out hair. Alcohol or
other drug administration.
Sexual Abuse - Any sexual act or threat to perform such upon another person. This
occurs when a person uses their power and authority to take
advantage of another’s trust to involve them in sexual activity.
It does not necessarily involve genital contact but is any act which
erodes the sexual boundary between two persons. It may appear
consensual but the validity of consent is negated by the power differential.
Emotional Abuse - The chronic attitude or behaviour of one person which is
directed at another person, or, the creation of an emotional environment which
erodes a child’s development, self esteem and social confidence
over time. Behaviours may include: Devaluing, ignoring, rejecting, corrupting,
isolating, terrorising or chronic and extreme domestic violence in the child’s presence.
Neglect - Characterised by the failure to provide for the child’s basic needs.
Any serious omission or commission which jeopardises or impairs a person’s
development.
Board Member – Persons elected by members of PQSA Inc who have the power to appoint
and reward the Chief Executive; set goals, formulate strategy, and approve business plans:
approve annual budgets and business results; set, review policies for member
communication and approve reports to members; and set and review budgetary control and
conformance strategies.
Child - Any person under the age of eighteen (18) years.
Exploit – take advantage of for one’s own purpose(s).
Manager/Supervisor – A person who is charged with the management or direction of PQSA
including other divisions as determined from time to time.
Personnel Are either employed by PQSA, or are engaged as a contractor or volunteer or
in an unpaid position, such as Board Member or visitor.
Reasonable – The appropriate standard or quality of objective decision-making that must be
brought to bear when making an administrative decision.
Violence – Use of physical force intended to cause injury or destruction.
Vulnerable Adult Is an adult aged 18 years or over who may be unable to take care of
themselves, or protect themselves from harm or from being exploited. This may be because
they have a mental health problem, a disability, a sensory impairment, are old and frail, or
have some form of illness.
Must indicates a mandatory action required by law, industrial instrument, or PQSA or
procedure.
Should indicates a recommended action that should be followed unless there are sound
reasons for taking a different course of action.
Mandatory Reporting Policy and Procedures September 2011 page 3 of 5
RESPONSIBILITIES
Chief Executive Officer is responsible for ensuring that:
A high standard of conduct is maintained at all times.
In the case of a report of abuse or neglect PQSA’s Insurer is contacted immediately.
Managers – are responsible for ensuring that:
All their staff are informed, understand and apply the principles of this policy.
Accurate and confidential records of all mandatory reports are maintained.
Client and personnel confidentiality is maintained at all times.
Feedback is sought in relation to reports of abuse and neglect through Child, Youth
and Family Services; and
Appropriate feedback is issued to reporting personnel.
Manager, Human Resources is responsible for ensuring that:
Legislative requirements both Federal and State are adhered to.
This policy is reviewed and updated on an annual basis.
All personnel are informed and trained in the application of this policy and its
procedures.
PQSA procedures are followed to protect the confidentiality of all parties concerned.
Confidential paperwork relating to allegations of child abuse are retained in a safe
environment to maintain confidentiality and in line with legislative and government
policy.
Personnel are responsible for ensuring that:
A safe environment for children and vulnerable adults is maintained at all times;
Any suspicious behaviour or actions are reported in accordance with this policy;
Established instructions are followed to protect children and vulnerable adults in their
care;
Accurate and confidential records of all mandatory reporting are maintained at all
times.
POLICY
Mandatory reporting -
Section 11 of the Children’s Protection Act 1993 (SA) specifies who is legally mandated to
report suspected child maltreatment to statutory child protection services.
medical practitioners, dentists, enrolled nurses, social workers and pharmacists;
police and probation officers;
teachers; and
Support workers and voluntary workers providing children's services.
Abuse types for which it is mandatory to report include:
Physical;
Sexual;
Emotional/ psychological; and
Neglect.
Reasonable grounds of abuse can be assumed when:
A child or vulnerable adult discloses that he or she has been abused, and/or
Someone close to a child or vulnerable adult (e.g. sibling, relative, close friend)
discloses on behalf of that child or vulnerable adult.
Professional judgment.
Mandatory Reporting Policy and Procedures September 2011 page 4 of 5
A Person reporting abuse:
It is not the responsibility of the person reporting abuse to prove abuse has occurred.
Is immune from civil liability for reporting suspicions in good faith. (Section 12(a)
Children’s Protection Act).
Is entitled to feedback about the notification investigation by Family and Youth
Services.
Identity as a notifier will not be disclosed unless disclosure is made in the course of
official duties.
PROCEDURES
All allegations of abuse that arise will be reported immediately to the Child Abuse Report
Line (CARL) on 13 14 78.
CARL will be notified immediately if a Child discloses an incident of abuse or neglect that has
occurred or if there are reasonable grounds to suspect a Child has been or is suffering abuse
or neglect.
If the child or vulnerable adult is in immediate danger the Police will also be contacted on
131 444.
PQSA personnel will then immediately contact their Manager/Supervisor and complete an
Incident Report that will be forwarded to the Manager, Human Resources in strictest
confidence.
If a disclosure of abuse is made, the person who receives the disclosure will maintain
appropriate support to the one making the disclosure. This will include:
Treating each allegation seriously and not attempting to deny the allegation or
minimise its impact on the alleged victim so that the matter is not swept under the
carpet.
Not pushing a child/vulnerable adult to disclose details of the alleged assault or
attempting to investigate the allegation.
Ensuring the child/vulnerable adult understands that their disclosure is being
taken seriously; that what has happened is not their fault; and that they are
correct in disclosing the incident.
Reporting the abuse to the appropriate authorities (CARL/SA Police)
Not making contact with the alleged perpetrator. If Association personnel are
already providing counsel to the alleged perpetrator, it may be advisable for
another person to assume this responsibility for the duration of any investigation.
If an alleged assault has taken place recently, clothing worn by the Child or
vulnerable adult should be retained and handed to the police for forensic
examination.
Maintain confidentiality at all times.
All reports of abuse must be put in writing and retained in confidence on the client file. All
details of the subsequent investigation will be documented and the documents will be held by
the Manager, Human Resources in a secure location where a breach of privacy cannot
occur.
PQSA recognize that it can be difficult for Aboriginal people and people from culturally and
linguistically diverse back grounds to report cases of child abuse and neglect in their
communities. Aboriginal personnel will be directed to Children, Youth and Family Services -
Yaitya Tirramangkotti. Interpreting services are available through the SA Government
Interpreting and Translation Services - 8226 1990
All reports of abuse and neglect should be made to the Child Abuse Report Line and
Yaitya Tirramangkotti (24 hours every day) 13 14 78.
Personnel making reports of abuse are encouraged to seek feedback about their reports and
any subsequent intervention through their Managers.
Mandatory Reporting Policy and Procedures September 2011 page 5 of 5
PQSA reserves the right to carry out disciplinary procedures in accordance with its policies
and procedures.
Where an allegation is made against an Association Personnel that person will be removed
from all activities and programs pending the outcome of all investigations.
Training
All personnel both paid and unpaid will undertake training in Mandatory Reporting before
commencing work. A refresher course in Mandatory Reporting will be offered and personnel
are encouraged to participate. Personnel will be issued with a copy of this policy as part of
their Induction.
Any client or prospective client that believes that they are disadvantaged or discriminated
against by the incorrect application of this policy may raise a dispute in accordance with the
PQSA Grievance and Complaints’ Management Policy and Procedure.
RELATED LEGISLATION
Children's Protection Act 1993
Children’s Services Act 1985
Crimes Act 1914 Part IIIA (Child Sex Tourism).
Criminal Code Act 1995, (Telecommunications Offences, Subdivision C).
The United Nations Convention on the Rights of the Child
Optional Protocol to the United Nations Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography
Geneva Declaration of the Rights of the Child
Charter of Rights for Children and Young People in Care.
SUPPORTING PQA DOCUMENTATION
Recruitment Policy and Procedure
Confidentiality Policy and Procedure
Code of Ethical Behaviour
Child Protection Policy and Procedure
Behavioural Management Policy and Procedure.
Complaints Management Policy and Procedures.
Privacy Policy and Procedures
Criminal History Clearance Policy and Procedure.
Risk Assessment Management Policy and Procedure
BREACHES OF THIS POLICY
A breach of this policy is grounds for disciplinary action, up to and including termination of
employment. Ignorance of these procedures will not generally be accepted as an excuse for
non-compliance. Only in extreme circumstances and where such ignorance can be
demonstrated to have occurred through no fault of the individual concerned will PQSA accept
such an argument.
DISTRIBUTION AND REVIEW
PQSA will ensure all persons engaged to provide services either paid or unpaid will be aware
of this policy and will have easy access to it in an appropriate format. All policies are to be
reviewed on a periodic basis or when legislation or government policy determines.

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