Policy Statement
The NSW Interagency Guidelines for Child Protection Intervention 2006 set out in practical terms the ways that the wider community and human service agencies, such as Housing NSW, can collaborate in their work with children, young people and families where there are child protection concerns.
Housing NSW is committed to the principles outlined in these Guidelines. Housing NSW will make every endeavour to ensure that the safety, welfare and wellbeing of children and young people are safeguarded by:
- Recognising the signs of abuse and neglect and reporting suspected cases to the Department of Community Services.
- Providing appropriate housing assistance to children, young people and their families.
We will take into account all the relevant circumstances affecting the life of an individual child, or young person, when determining whether reasonable grounds for suspecting abuse or neglect has occurred, or is likely to occur in the future.
If we suspect that a child is at risk of harm we will report the matter to the Department of Community Services, providing them with the child's name (or description), address and reasons for suspecting that abuse or neglect may be occurring. Subject to lawful requirements and authorisation, all information concerning a report will be treated in the strictest confidence – see Safeguarding of People who make Reports, Confidentiality and Privacy and Personal Information Protection Act.
Application to Aboriginal Housing Office Clients
This policy also applies to clients of the Aboriginal Housing Office living in properties managed by Housing NSW.
Policy Detail
Background
Under the Children and Young Persons (Care and Protection) Act 1998:
- a child is under 16 years of age;
- a young person is aged 16 years or above but under 18 years of age.
Housing NSW has a legal obligation to cooperate with other agencies to protect children and young people at risk of harm or neglect.
Housing NSW supports the principles for child protection intervention which guide Government and non-government agency decisions on child protection and are reflected in our policies, practices and procedures. These principles include:
- The safety, welfare and wellbeing of the child or the young person are paramount.
- Children and young people will be given the opportunity to appropriately participate in decisions which significantly impact on their lives.
- Child protection decisions will take into account the culture, disability, language, religion and sexuality of the child, young person, family or carer.
- Government and non-government agencies will work in partnership with each other, the child, or young person and their family to ensure their safety, welfare and wellbeing.
Other Agencies
The specific role of the Department of Community Services (DoCS) is prescribed by the Children and Young Persons (Care and Protection) Act 1998. The primary role and responsibility of DoCS involves receiving, assessing, investigating and responding to reports of child abuse and neglect.
While DoCS is the lead agency in providing care and protection to children and young people the Act also defines the broader roles and responsibilities relating to Government and Non-Government Organisations, including:
- Housing NSW
- NSW Police Service
- NSW Health
- Department of Corrective Services
- Department of Juvenile Justice
- NSW Ombudsman
- Courts, Tribunals and Dispute Resolution Services
- Children’s Guardian
- NSW Department of Ageing, Disability and Home Care
- Local Government Authorities
This interagency approach promotes an environment of working together when supporting children, young people and their families.
Our Role
Housing NSW’s role in child protection is to report to DoCS any reasonable suspicion that a child or young person is at risk of harm. Staff do not have the authority to investigate suspected cases of child abuse or neglect.
Housing NSW must use its best endeavours to comply with a request for assistance from DoCS, if the request is consistent with its own responsibilities as a social housing provider. In addition the Children's Court may make an order directing Housing NSW to provide assistance to a child or young person.
Top of page
Our Responsibilities
If, during the course of their work, staff have reasonable grounds to suspect that a child is at risk of harm they must under the legislation make a report to DoCS. The report must include the name, or a description, of the child, as well as the reasons for suspecting that the child is at risk.
Our other key responsibilities include:
- Ensuring families in crisis are referred to appropriate support services.
- Providing housing assistance to eligible households where children and young people are at risk.
- Assisting children and young people in the transition from out-of-home-care to independent living in private and public housing.
- Ensuring the safety and welfare of children is taken into consideration when assessing applications for priority assistance from eligible clients who are experiencing domestic violence.
- Consulting with DoCS where a child or a young person applies for housing assistance.
- Ensuring that the housing needs of children and young people are taken into consideration in the planning and delivery of community housing programs and other forms of housing assistance.
- Reporting to DoCS if made aware of a child living away from home without parental permission.
Housing NSW also has a responsibility to ensure that:
- Organisations funded or regulated by Housing NSW are aware of their responsibilities under the Act.
- Staff receive training in how to recognise and report cases of child abuse and neglect.
- Child protection policies, guidelines and procedures are properly implemented.
- Any allegation of child abuse made against a member of staff is reported to DoCS and the Ombudsman.
Top of page
Recognising Child Abuse and Neglect
The NSW Interagency Guidelines for Child Protection Intervention 2006 (at section 2.3) sets out in detail general indicators of child abuse and neglect which can assist staff in identifying whether a child or young person is being abused or neglected.
Definition of a report
Information provided by a person who believes with reasonable grounds that a child or young person has been abused, is in danger of being abused, or is in need of care, is called a 'Report'.
Mandatory Reporting
Staff are required by law to mandatorily report to DoCS if, during the course of their work, they have reasonable grounds for suspecting that a child may be at risk of harm. Under Section 23 of the Children and Young Persons (Care and Protection) Act 1998 a child is considered to be at risk of harm if current concerns exist for their safety, welfare or wellbeing. For example:
- The child's basic physical or psychological needs are not being met or are at risk of not being met.
- A parent or caregiver has not arranged for the child to receive necessary medical care.
- The child has been, or is at risk of being physically abused, emotionally abused, sexually abused or ill-treated.
- The child is living in a household where there have been incidents of domestic violence and, as a consequence, the child is at risk of serious physical or psychological harm.
- A parent or caregiver has behaved in a way that has caused a child to suffer, or be at risk of suffering, serious psychological harm.
- The child was the subject of a pre-natal report and the birth mother of the child did not engage successfully with support services to eliminate or minimise the risk factors that gave rise to the report.
It is mandatory for a person to report the whereabouts of a child living away from home without parental permission to DoCS if they are providing the child with accommodation.
Non Mandatory Reporting
There may be circumstances where staff are concerned about the safety, welfare or wellbeing of a child or young person but it is not mandatory to make a report. These circumstances include:
- An unborn child – where there are reasonable grounds to suspect, before the birth of a child, that the child may be at risk of harm after his or her birth.
- A homeless child (where there is no risk of harm).
- A homeless young person – where they have given their consent for DoCS to be contacted.
- A homeless young person – where they have not given their consent to contact DoCS but there are reasonable grounds for suspecting that they are at risk.
While it is not mandatory to report the above, Housing NSW staff will carefully consider reporting any circumstance that they suspect is placing a young person at risk.
Top of page
Requests for Information from DoCS
DoCS have the power by a notice under section 248 of the Children and Young Persons (Care and Protection) Act 1998 to request existing information relating to the safety, welfare and well-being of a child, an unborn child or a young person. Staff are legally obliged to provide this information to DoCs. DoCs can only collect information that already exists; it can not require staff to collect new information or to undertake a separate assessment and report.
Staff may request information from DoCS about the safety, welfare and wellbeing of a child or young person. DoCS, however, are not required to provide any information requested.
Safeguarding of People who make Reports
Section 29 of the Children and Young Persons (Care and Protection) Act 1998 makes provision for safeguarding a person who makes a report to DoCS. The Act states that:
- Making a report does not constitute a breach of ethics or professional conduct.
- No liability for defamation can be incurred.
- A report will not be admitted in evidence in any proceedings (except for Children’s' Court proceedings or any appeal arising from those proceedings).
- Reports are confidential – the identity of a reporter cannot be disclosed without their permission or unless directed by a judge or magistrate during court proceedings.
Confidentiality
All information concerning a report is to be treated in the strictest confidence. Staff must not inform parents or caregivers that DoCS or the Police are investigating an incident of suspected child abuse or neglect. Any person making an inquiry or complaint concerning a report must be referred to DoCS or the Police.
Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002
Under these two Acts, there are a number of exceptions to the general rule of non-disclosure, whereby staff may disclose relevant personal information to other agencies if there are lawful reasons under the legislation to do so.
For more information see the policies on Privacy and Confidentiality (EST0008B) and Information Sharing & Coordination with Other Agencies (EST0121A).
Exchange of information from other government and non-government agencies
Under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998 government and non-government agencies have the authority to request and release information about a child or young person and their parent, without consent, if it relates to the safety, welfare and wellbeing of a child or young person.
The exchange of information only relates to information already held by the agency and where the information will assist:
- To make a decision or undertake an assessment or plan
- In providing a service
- In managing risk to a child or young person.
Top of page
Housing Issues in Child Protection
Staff frequently encounter young people and families in crisis who need assistance to access available supports and services. Housing NSW provides a range of housing options for eligible households. The type of assistance offered depends on the individual needs and circumstances of the client. Clients with children or young people at risk may apply to have their eligibility assessed for:
- Priority Assistance
- Priority Transfer
- Rentstart/Rentstart Plus
- Temporary Accommodation
- Emergency Temporary Accommodation
- Special Assistance Subsidy – Special (SAS-S)
- Special Assistance Subsidy – Disability (SAS-D)
Priority Assistance
Eligible clients who have urgent housing needs and meet the criteria for Priority Assistance are housed ahead of most other applicants on the waiting list for public housing.
The client may demonstrate an urgent need if they are exposed to one or more of the following ‘at risk’ factors:
- Domestic violence;
- Sexual assault;
- Child abuse or neglect;
- Threatening behaviour by one or more household members against another occupant;
- Torture or trauma.
For more information see the policy on Priority Housing (ALL0040A)
Top of page
Priority Transfer
Tenants may apply for a transfer on a priority basis if their (or another household member’s) personal safety or mental health is shown to be ‘at risk’. The criteria used to determine whether a client applying for a priority transfer is 'at risk' is the same as for Priority Housing Assistance.
For more information see the policy on Transfers (previously Rehousing) (ALL0160A).
Rentstart and Rentstart Plus
These are important resources in assisting children at risk. Housing NSW recognises that providing quick financial aid to eligible clients who are ‘at risk’, or facing homelessness, helps them to:
- Access the private rental market
- Maintain their tenancy
- Rent temporary accommodation
The criteria used to determine whether a client applying for Rentstart is 'at risk' is the same as for Priority Housing Assistance.
For more information see the policy on Rentstart (RES0010A).
Temporary Accommodation
Homeless children living away from home without parental permission are not eligible for Temporary Accommodation Assistance and must be referred to DoCS.
If the Department provides Temporary Accommodation to an applicant, and a child who is suspected of living away from home without parental permission is included in this application, a report to DoCS must be made.
Emergency Temporary Assistance
Emergency Temporary Assistance (ETA) is available for people in the general community, who would not normally be eligible for public housing, that are facing hardship due to a crisis or emergency situation which has made them temporarily homeless.
For more information see the policy on Emergency Temporary Accommodation (ALL0070A).
Top of page
Special Assistance Subsidy – Special (SAS-S)
The Special Assistance Subsidy - Special is available for young people and adults living with HIV/AIDS who rent in the private market. To be eligible, the client must:
- Be HIV/AIDS positive;
- Be eligible for public housing, and
- Meet the ‘Priority Assistance’ criteria.
For more information see the policy on Special Assistance Subsidy – Special (SAS0100A).
Special Assistance Subsidy – Disability (SAS-D)
Clients with a disability who are approved for Priority Housing are eligible for the Special Assistance Subsidy - Disability while waiting for Housing NSW to provide a suitable home. They are eligible for this subsidy from the day they are approved for priority housing.
For more information see the policy on Special Assistance Subsidy – Disability (SAS0100B).
Housing for Under 18 years of age
Housing NSW may provide housing to people under 18 years of age, who are not being cared for by an adult if:
- Public housing is the best way to meet their accommodation needs; and
- We are satisfied they are able to meet the obligations of tenancy and understand their obligations under the Tenancy Agreement, or
- The Children’s Court has made an order directing Housing NSW to provide housing assistance for a period not exceeding 12 months.
When a minor applies for public housing we will work closely with DoCS and other agencies to determine the best way to meet their needs.
We will assess a minor’s capability to care for themselves and to meet their tenancy obligations.
For more information see the policies on Minors and Housing Assistance (EST0017A) and Information Sharing and Coordination with Other Agencies (EST0121A).
Succession to a minor
A minor may apply to take over the tenancy from a parent or caregiver if they were a part of the original household and there is no other adult member to assume it due to circumstances such as:
- Death
- Abandonment, or
- Imprisonment.
Applications from minors will be handled quickly and with sensitivity to make sure that the minor receives appropriate care and is not placed in an ‘at risk’ situation. DoCS is to be involved in the application and decision process.
For more information see the policy on Succession of Tenancy (EST0017D).
Tenancy Management
The needs of children are not to be overlooked when considering tenancy management actions that may result in the loss of a tenancy.
DoCS must be informed before any eviction action is taken against a household in which a child may be placed ‘at risk’.
Assessment Criteria
Staff are required to make a report to DoCS if there is:
- A suspicion of a ‘risk of harm’ to a child;
- ‘Reasonable grounds’ for that suspicion;
- ‘Current concerns’ for the safety, welfare or wellbeing of that child.
Chapter 2 of the The NSW Interagency Guidelines for Child Protection Intervention 2006 sets out what is meant by these terms.
There are also circumstances where, while not required, staff are able to make a report if there are any concerns about the safety, welfare or wellbeing of a child or young person.
The DoCS Report Checklist is available to assist Housing NSW staff in determining whether to make a report.
Staff must not investigate suspected cases of child abuse or neglect.
Evidence Requirements
NSW Interagency Guidelines for Child Protection Intervention 2006 sets out in detail general indicators of child abuse and neglect which can assist staff in identifying whether a child or young person is being abused or neglected.
Appealing Decisions or Actions
The making of child protection reports by Housing NSW staff is not appealable. This is because Housing NSW staff are legally required to make a mandatory report to DoCS if, during the course of their work, they have reasonable grounds for suspecting a child is at risk of harm. Staff are also authorised by legislation to make non-mandatory reports with respect to children and young people.
Legislative Requirements
Children and Young Persons (Care and Protection) Act 1998 including 2009 amendments of information sharing requirements
Privacy and Personal Information Protection Act 1998
Health Records and Information Privacy Act 2002
Ombudsman Act 1974
Housing Act 2001
Residential Tenancies Act 1987
Further Information
The Department of Community Services - www.community.nsw.gov.au
NSW Ombudsman – www.ombo.nsw.gov.au
Commission for Children and Young People – www.kids.nsw.gov.au
Top of page