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General Background to Child Protection within NSW

Recent History - 1997 Interagency Guidlines

Australia, like other countries, began to acknowledge the existence and extent of the abuse of children during the 1960s and 1970s. The 'discovery' that parents could abuse their children forced many people to reconsider their assumption that children were necessarily safe within their own families.

In New South Wales in 1984, the Premier, Neville Wran, established the Child Sexual Assault Task Force to examine the problem of child sexual abuse and to recommend a comprehensive strategy for dealing with this crime.

The term child abuse has gradually been extended to encompass physical and emotional abuse and neglect. Growing awareness of child maltreatment has been accompanied by an increasing emphasis of the rights of children.

At the international level, this has led to the United Nations Declaration of the Rights of the Child which codifies the concept that children as individuals have certain rights separate from adults. In 1990 Australia became a signatory to this Declaration.

The NSW Government is committed to a coordinated and comprehensive response to promote the protection of children. Effective child protection incorporates community action to:

• prevent and reduce the abuse and neglect of children in the community & provide support to families experiencing difficulties
• respond to notifications so that the safety of children is ensured and appropriate support is provided
• ensure offenders are appropriately sanctioned.

The Government recognises that there are common features which enable consistent procedures to be developed and implemented within a best practice framework. It also recognises that physical abuse, emotional abuse, neglect and child sexual assault will require different responses.

Interagency Guidelines for Child Protection Intervention 1997

2000 Interagency Guidlines - Introduction

One of the most important concerns of any community should be the health, safety and well-being of its children and young people.

Children and young people should grow up free of violence and exploitation. They should be able to develop physically, intellectually, emotionally and socially in conditions of freedom and dignity.

This has been a priority for my Government. We have introduced the Children and Young Persons (Care and Protection) Act 1998 to establish a solid basis for building stronger families, tackling problems early and providing innovative, flexible services to children, young people and their families. In addition, this new legislation reinforces our commitment to providing children, young people and their families with the opportunity to participate fully in decisions that affect them.

Of course, protecting children and young people from abuse and neglect is the responsibility of the whole community. No single person or agency has all the knowledge, skills or authority to safeguard a child or young person from, or to deal with the consequences of, abuse or neglect.

The new Act recognises this and establishes, for the first time, a statutory framework for co-operative and co-ordinated work between government, community sector agencies and families in the care and protection of children and young people.

The Interagency Guidelines for Child Protection Intervention set out in practical terms this framework of interagency co-operation. This is intended to not only help professionals and agencies in their work with children, young people and families, but to also achieve high standards of interagency practice and support.

This third edition of the Guidelines has been revised to include important changes to policy and practice that are primarily the result of the new Act and other legislation, such as the Commission for Children and Young People Act 1998 and recent amendments to the Ombudsman Act 1974. The revisions also incorporate recommendations from an evaluation of the 1997 Interagency Guidelines. I am glad that children and young people have participated in all stages of the revision process.

The new edition of the Guidelines has been adopted by all New South Wales Government departments and agencies involved in the protection of children and young people. Through these Guidelines we will work together to strengthen families and help keep children and young people safe.

Interagency Guidelines for Child Protection Intervention 2000

Child protection intervention - Government commitment

The NSW Government believes that one of the primary concerns of any community should be the health and well-being of its children and young people. Children and young people should be able to grow up in an environment which enables them to develop physically, intellectually and socially in conditions of freedom and dignity.

The NSW Government is committed to a coordinated and comprehensive response to promote the protection of children and young people.

Effective care and protection incorporates community action to:

• prevent and reduce the abuse and neglect of children or young people in the community
• provide support to families experiencing difficulties
• respond to reports of risk of harm so that the safety of children and young people is effectively addressed and appropriate support is provided
• ensure offenders are appropriately sanctioned.

The Government recognises that there are common features that enable consistent procedures to be developed and implemented within a best practice framework. It also recognises that physical abuse, emotional abuse, neglect and child sexual assault will require different and specialised responses.

Principles for child protection intervention

Child abuse is a complex and serious problem that may occur in the lives of children, young people and their families. Often it occurs in environments that are isolated and stressful and affects those who are most vulnerable. Child abuse refers to non-accidental physical injury, neglect, psychological harm or sexual exploitation of children and young people and requires different and specialized response. In its most serious forms abuse can lead to death or long term harm to the physical or emotional well-being of a child or young person.

The NSW Government recognises that there are common features that enable consistent procedures to be developed and implemented within a good practice framework and has adopted the following principles to guide agency decisions on child protection and provide a framework for individual agency policies, practices and procedures:

• the safety, welfare and well-being of the child or young person are paramount
• children and young people must be given the opportunity to participate at a level appropriate to their age and development in decisions which significantly impact on their lives
• child protection decisions must take account of the culture, disability, language, religion and sexuality of the child or young person, family and carers
• families must be given an opportunity to participate in decisions which affect the safety, welfare and well-being of a child or young person
• acting to protect a child or young person, practitioners or agencies should maintain the child’s or the young person’s relationships and sense of identity and should intervene only as far as is required to secure their safety, welfare and well-being
• children and young people who are unable to live with their families will be provided with an environment which meets their care, support, education and health needs
• government agencies will work in partnership with each other, with non-government organisations and with the child or young person and their family to secure and sustain their safety, welfare and well-being
• government and non-government agencies will follow policies and practices, that staff are qualified, trained and supervised and the Working With Children Check is conducted.

Interagency work

Child protection is a responsibility of the whole community and one specifically shared by those government and non-government agencies which provide any form of care for children, young people and their families or which come into contact with them in the course of their work. No single agency has all the knowledge, skills or authority to safeguard a child or young person from abuse or neglect and to prosecute an alleged offender. Child protection requires the best expertise and resources available and this is only achieved by coordination. In child protection the emphasis is on the child, young person or family receiving a service so that the child or young person is safe. It is the task of agencies to coordinate their efforts to achieve a good outcome for the child and young person.

Experience has proven that coordinated responses can reduce the number of interviews a child and young person undergoes, minimise the number of persons involved in the case, enhance the quality of evidence discovered for civil litigation or criminal prosecutions, provide critical information for family services, and minimise the likelihood of conflicts among agencies with different philosophies and mandates.

These Guidelines are one strategy for improving cooperation and coordinated effort across agencies in responding to a child protection case. Other strategies involve legislation, policy, organisational structures and training.

Expectations for interagency work

As a basis for interagency child protection work, it is expected that practitioners and agencies will share the following:

• an understanding of the aims of intervention and of what is good practice
• an appreciation of and respect for different roles and different contributions of practitioners
• a commitment to partnership between the government and non-government sectors in achieving good practice responses
• an understanding of the context in which agencies work and acknowledgment of their constraints
• preference for coordinated effort rather than unilateral action by a single agency or uncoordinated action by a number of agencies
• a willingness to learn from each other
• a belief in accountability to clients, to each other, and to the community.

In carrying out their duties practitioners and agencies will be conscious of:

• a child’s or young person’s immediate needs and assessed longer term needs for safety, nurturing and specialised assistance
• the need for prompt and purposeful information exchange between agencies in the interests of the immediate and ongoing safety of the child or young person
• clear division of responsibilities for the practitioners and agencies involved
• the importance of a case manager for every case
• the importance of following the processes for interagency planning in assessments and investigations in order to minimise trauma to families and protect the best interests of children and young people
• the need to deal constructively and promptly with difficulties and differences resulting in conflict between agencies
• differing experiences of child abuse and neglect for individuals that require individually planned responses.
  

Interagency Guidelines for Child Protection Intervention 2000 (pp 14-17)