Reporting Laws and Requirements - VIC

Powers and Responsibilities of Authorities
Notes:

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You should be aware of some powers and responsibilities that Police and DFFH Child Protection workers have under the Children, Youth and Families Act 2005, as they could impact on you in your role as a day care educator working in long day care.

  • Duty to investigate child abuse
  • Duty to protect children
  • Prosecute offences
  • Case management where there are ongoing concerns
  • Access to children at school or daycare
  • Parents being informed of investigation
  • Children taken into custody

 

Information:

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Police and authorised Child Protection officers have powers under the Children, Youth and Families Act 2005 in relation to investigating child abuse that could impact on you in your role as a Child Care Educator. DFFH have a legislated duty to investigate child protection allegations and will involve the police if the allegations involve the commission of a criminal offence. The Police have a duty to prosecute offenders when appropriate in all the circumstances. DFFH Child Protection services also have a duty under the Children, Youth and Families Act 2005 to manage ongoing matters of abuse.

Police and Child Protection workers investigating suspected child abuse may in some cases enter and remain upon premises for the purposes of having contact with a child. So if police and Child Protection attend at your centre – be aware that they have this right.

It’s also important for you to know, that if you make a report of suspected child abuse, or if authorities are investigating a report made by someone else, then they will notify the parents of the investigation and the fact that they’ve had contact with the child if that happened. If that contact happened at your centre it’s important for you to know this in case parents turn up trying to find out information from you. In these cases you should simply refer them straight back to the Police or DFFH Child Protection worker investigating the matter.

Police and DFFH Child Protection also have the power to take a child into temporary protective custody in some cases and may ask to place children temporarily in day care on rare occasions.

Police and DFFH Child Protection may, in rare circumstances, make the decision to remove the child from the day care centre and take them into protective custody. They will inform you if this is the case and advise you regarding how to manage the parents or caregivers.