1. Background
The Department of Family and Community Services - Housing NSW cares about the safety, welfare and wellbeing of children, young people and their families and plays an important role in the child protection system. Housing NSW's role in child protection is to report to the Family and Community Services - Community Services any reasonable suspicion that a child or young person is at risk of significant harm.
Where the suspected risk of harm is below this statutory reporting threshold Housing NSW will work with the Family and Community Services Child Wellbeing Unit, other government agencies and non government organisations to identify service responses to support children, young people and their families.
Housing NSW will use its best endeavours to comply with a request for assistance from Community Services, 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.
The purpose of this policy is to outline the role of Housing NSW in child protection matters.
2. Scope
This policy applies to all applicants to Housing NSW and all households living in properties owned or managed by Housing NSW including Aboriginal Housing Office properties.
3. Policy Statement
The NSW Government five year plan to change the way children, young people and families are supported and protected in NSW is outlined in Keep Them Safe: A shared approach to child wellbeing. Keep Them Safe aims to provide support to families earlier, by agencies working collaboratively, to prevent children and young people requiring statutory child protection intervention.
Housing NSW is committed to the principles of Keep Them Safe and works in partnership with other agencies concerning the safety, welfare and wellbeing of children and young people by:
- recognising the signs of abuse and neglect and reporting the name or a description of a child or young person reasonably suspected of being at risk of significant harm to Community Services.
- working with other government and non-government agencies to monitor instances where a child or young person is reasonably suspected of being at risk of significant harm
- making appropriate referrals to agencies that support children, young people and families
- providing appropriate housing assistance to children, young people and their families.
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Housing NSW Responsibilities
All Housing NSW staff are mandatory reporters by law and if, during the course of their work, staff have a reasonable suspicion that a child or young person is at risk of significant harm, a report will be made as soon as practicable to Community Services. Housing NSW staff are not authorised to investigate suspected cases of child abuse or neglect.
Key responsibilities for Housing NSW include:
- 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
- taking into consideration the safety, welfare and wellbeing of children and young people when assessing applications for priority assistance from eligible clients who are experiencing domestic violence
- referring families in crisis to appropriate support services
- making appropriate referrals to the Department of Family and Community Services Child Wellbeing Unit where appropriate
- reporting to Community Services if the child or young person is known to be currently under the care of the Minister.
Housing NSW also has a responsibility to ensure that:
- organisations funded or regulated by Housing NSW are aware of their responsibilities under the Children and Young Persons (Care and Protection) Act 1998.
- Staff receive training about 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 Community Services and the Ombudsman.
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Working with other agencies
The Child Wellbeing & Child Protection - NSW Interagency Guidelines (2009) set out in practical terms the ways that the wider community and Family and Community Services agencies can collaborate in their work with children, young people and their families where there are at risk of harm concerns. The guidelines 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.
Housing NSW works directly with other government and non government organisations with the aim of improving access to services and strengthening partnerships and early intervention approaches, including:
- Community Services
- NSW Police Service
- NSW Health
- Department of Corrective Services
- Juvenile Justice
- Aging Disability and Home Care
- Local Government Authorities
- Other organisations that supervise and are responsible for the provision of health care, welfare, education, children's' services and residential services.
Exchange of information with other government and non-government agencies
Under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998, government agencies and non-government organisations 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 in:
- making a decision, assessment or plan,
- initiating or conducting an investigation,
- providing a service relating to the safety, welfare or wellbeing of the child or young person (or class of children or young persons), and/or
- managing a risk to a child or young person.
Further information is available in the Keep Them Safe – Information Exchange Fact Sheet.
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Working with Community Services
Community Services is the lead agency in providing care and protection to children and young people and is prescribed by the Children and Young Persons (Care and Protection) Act 1998. The primary role and responsibility of Community Services involves receiving, assessing, investigating and responding to reports of child abuse and neglect and providing statutory intervention when required.
Under the Children and Young Persons (Care and Protection) Act 1998:
- A child is under 16 years of age; and
- A young person is aged 16 years or above but under 18.
Requests for information from Community Services
Community Services can request information from Housing NSW and Community Housing Providers participating in Housing Pathways, as a prescribed body under Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998.
Where a request for information under Chapter 16A is received, and Housing NSW is confident the request meets the principles of Chapter 16A, the information must be supplied.
Housing NSW can decline a request for information under Chapter 16A from a prescribed body if the request does not meet the principles of Chapter 16A. Community Services however has the power by a notice under Section 248 of the Children and Young Persons (Care and Protection) Act 1998 to compel Housing NSW to disclose existing information relating to the safety, welfare and wellbeing of a child, an unborn child or a young person. Housing NSW staff are legally obliged to provide this information to Community Services. However, Community Services can only collect information that already exists. It cannot require Housing NSW staff to collect new information or to undertake a separate assessment and report.
Requests for information made under Section 248 will only occur after discussions between senior management of both agencies have taken place.
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Requesting information from Community Services
Housing NSW staff and Community Housing staff participating in Housing Pathways can request information from Community Services under Chapter 16A if it relates to the safety, welfare and wellbeing of a child or young person. Community Services is a prescribed body under Chapter 16A and is legally required to provide this information, if the request meets the principles of Chapter 16A.
Working with Department of Family and Community Services Child Wellbeing Unit (FACS CWU)
The FACS CWU promotes an interagency approach of working together when supporting children, young people and their families. It provides an alternative pathway for providing support when risk of harm concerns do not meet the statutory reporting threshold to Community Services Helpline.
Housing NSW will work with FACS CWU to:
- Provide advice and support to mandatory reporters on concerns relating to the safety or welfare of children or young people
- Identify whether a child or young person meets the risk of significant harm threshold
- Provide advice to mandatory reporters about possible service responses to children and young people below the threshold
- Provide support and referral advice to mandatory reporters with the aim of helping families access support services
Further information can be found on the Keep Them Safe – Child Wellbeing Units Fact Sheet.
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Safeguarding of people who make reports
Reports relating to child wellbeing are confidential – the identity of a Housing NSW reporter cannot be disclosed without their permission or unless directed by a judge or magistrate during court proceedings.
Disclosure to a law enforcement agency is also authorised (subject to conditions) under Section 29(4A) of the Children and Young Persons (Care and Protection) Act 1998 if it is investigating a serious offence against a child or where disclosure is necessary for protection and safety of the child and any other child.
Confidentiality
All information concerning a report is treated in the strictest confidence. Housing NSW staff must not inform parents or caregivers that Community Services or the Police are investigating an incident of suspected child abuse or neglect. Any person making an inquiry or complaint concerning a report will be referred to Community Services 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 or exchange relevant personal information to or with other agencies if lawfully authorised or required to do so. Under the Children and Young Persons (Care and Protection) Act, the non-disclosure provisions of Privacy or other laws are specifically excluded from operating to prevent the proper provision or exchange of information under that Act.
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4. Legislation and Compliance
In undertaking its role in child protection, Housing NSW is required to comply with the following Acts:
5. Appeals and reviews of decisions
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 Community Services if, during the course of their work, they have reasonable grounds for suspecting a child or young person is at risk of significant harm. Housing NSW staff are also authorised by legislation to make non-mandatory reports with respect to children and young people.
6. Further Information
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