children if they pose an unacceptable risk to children. The organisation’s child protection policy is subject to regular review, at least every five years or earlier if needed. Policy is subject to regular review in accordance to the policy commitment, or at least every five years Contexts change, particularly in the development sector. There must be a commitment to review and update the policy as required. Lessons learned from previous incidents are not taken into account, increasing the likelihood that those risks will be repeated. Undertaking risk assessment The organisation undertakes a risk assessment to reduce the risk of any child being harmed as a result of operations or activities funded by DFAT. The assessment must identify risks, and document steps being taken to reduce or remove these risks. Risk plan identifying activities and measures to reduce or remove the risk to children Documentation that risk assessments are reviewed and updated regularly during the life of the activity Evidence of adaption to local context (when a different approach to standard risk controls is required) Some activities are higher risk than others. This may be due to the nature of the activity or the location. For example, working with children with disability or in an emergency situation involve higher risks. to children are missed during activity design and implementation. Recruitment and screening, and employment practices in place The organisation’s employment contracts contain provisions for suspension or transfer to other Employment contracts for personnel/consultants contain appropriate provisions Robust recruitment, screening and employment practices reinforce the importance of the organisation’s child Personnel that pose unacceptable risks to children are unable to be removed (suspended, transferred or terminated) without a criminal
duties of any employee who is under investigation and provisions to dismiss any employee after an investigation. protection policy to personnel. conviction, where contracts are in place. Contact with children positions The organisation has robust recruitment screening processes for all personnel in contact with children. These recruitment procedures include: criminal record checks before engagement verbal referee checks Working with children positions Additional screening measures (such as interview plans that incorporate behavioural-based interview questions) must be used when candidates are applying for positions that involve working with children. Documented criminal record checks for personnel in contact with children Documented verbal referee checks Documented request for an applicant to disclose whether they have been charged with child exploitation offences, and their response Interview plans incorporating behavioural-based interview questions that are specific to positions that involve working with children Review checks when personnel have a change in circumstances In limited circumstances it may prove impossible to obtain a reliable criminal record check. A statutory declaration, or local legal equivalent, outlining efforts made to obtain a foreign police check, and disclosing any charges and spent convictions related to child exploitation, may be accepted instead Checks must be conducted for each Child-safe recruitment and screening processes are essential to enable an organisation to choose the most appropriate person for a position that involves contact with children. Recruitment and selection can strengthen external inhibitors by preventing access to children by those with a known history of harming children. Child safe recruitment and selection processes can discourage individuals who pose an unacceptable risk to children from applying for positions. Adults with a background of unacceptable risks to children target organisations that will provide opportunities to be in contact with children. A person who poses an unacceptable risk of harm to children (as indicated by their background) is unknowingly appointed to a position within the organisation.
Legislation relevant to child protection A of laws are relevant to this policy, including Australian Commonwealth, state and territory laws, and local laws in countries where DFAT works. A number of international child protection instruments also apply. Relevant Australian legislation Under Commonwealth law an Australian citizen or resident can be prosecuted for an offence committed against a child in another country under laws that have an extra-territorial application. Commonwealth legislation Criminal Code Act 1995 Legislation Examples of offences Maximum penalty Division 272 (child sex offences outside Australia) Engaging in sexual intercourse outside of Australia with a child under 16 years of age 20 imprisonment Engaging in sexual activity outside of Australia with a child under 16 years of age 15 imprisonment Engaging in sexual intercourse or sexual activity outside of Australia with a child under 16 years of age and the child has a mental impairment or is under the care, supervision or authority of the defendant 25 years imprisonment Engaging in sexual intercourse outside of Australia with a young person aged 16 or 17 years and the defendant is in a position of trust or authority 10 years imprisonment Engaging in sexual activity outside of Australia with a young person aged 16 or 17 years and the defendant is in a position of trust or authority 7 years imprisonment Grooming a child under 16 years of age to engage in sexual activity outside of Australia 12 years imprisonment Division 273 (offences involving child pornography material or child abuse material outside Australia) Possessing, controlling, producing, distributing or obtaining child pornography or child abuse material outside Australia 15 years imprisonment Division 474 (telecommunications offences, subdivision C) Accessing, soliciting or transmitting pornography or child abuse material using a carriage service 15 years imprisonment Engaging in sexual activity with a under 16 years of age using a carriage service 15 imprisonment Online grooming of a child under 16 years of age 15 years imprisonment Crimes Act 1914