December | 2019
Any allegation of sexual misconduct is very serious, and education and care services need to know how to respond quickly and appropriately.
There are three documents we recommend you, as an approved provider or nominated supervisor of an education and care service, refer to:
- Managing allegations of sexual misconduct in SA education and care settings
- Protective practices for staff in their interactions with children and young people
- Responding to problem sexual behaviour in children and young people
This set of child-protection documents has been developed through collaboration between the South Australian Department for Education, Catholic Education South Australia and the Association of Independent Schools of South Australia. They have been developed to assist site leaders of government, Catholic and Independent education and care services to manage allegations of sexual misconduct by an adult against a child or young person.
Managing allegations of sexual misconduct in SA education and care settings
Managing allegations of sexual misconduct in SA education and care settings is a good-practice resource for all providers of education and care services. It should be noted, however, that it provides guidelines only. The circumstances in each case will differ, and it is not possible to provide guidelines to address every possible variation.
The document:
- informs leaders in education and care services of the steps for managing and reporting allegations of sexual misconduct
- ensures that parents are informed at the appropriate time of allegations of sexual misconduct
- assists parents to understand the process that is followed in managing allegations of sexual misconduct
- states the duties of site leaders and sector offices in managing allegations of sexual misconduct
- provides clear policy direction that enables early intervention, effective management and provision of support for affected children, young people, families and staff.
In the interest of children’s wellbeing, the ESB particularly endorses the importance of advising parents of children using an education or care service where sexual misconduct is alleged to have occurred at the appropriate time.
We also strongly advise approved providers to seek their own legal advice to assist them with the management of an allegation.
Related policy documents
Protective practices and Responding to problem sexual behaviour are two other intersectoral child-protection policies that are closely linked to the Managing allegations of sexual misconduct in SA education and care settings resource. Copies of these documents should be held in all education and care sites.
Protective practices
Protective practices provides staff in education and care services with an enhanced understanding of appropriate relationship boundaries to help safeguard the emotional and physical wellbeing of children.
Responding to problem sexual behaviour
Responding to problem sexual behaviour provides guidelines to assist staff in education and care services to respond effectively to incidents of problem sexual behaviour involving children and young people.
Contact details
Education Standards Board
Phone: (08) 8226 0077 or 1800 882 413
Website: www.esb.sa.gov.au
Email: educationstandardsboard [at] sa.gov.au
This fact sheet provides guidance for approved providers of education and care services to help them operate in line with the National Quality Framework. We also recommend referring directly to the legislation:
- Education and Early Childhood Services (Registration and Standards) Act 2011 (SA), incorporating the Education and Care Services National Law (South Australia)
- Education and Care Services National Regulations 2011
- Education and Early Childhood Services (Registration and Standards) Regulations 2011 (SA).