CS12 - Complaints - Process, Welfare and Privacy

Purpose

To provide guidance to owners or operators of aquatic facilities to respond appropriately to complaints and ensure an appropriate process is followed, which incorporates the wellbeing and privacy of persons.

Description

The owner or operator of an aquatic facility should develop a process to protect those who may be involved in a notification or report of a child or young person being at risk of harm.

The organisation’s complaints handling process should be:

• accessible
• child focused.
• outline the roles and responsibilities of leadership, staff and volunteers
• detail the different approaches depending on the type of complaints, breach of policy or code of conduct
• culturally safe
• communicated in an easily understood format
• consider the language needs of persons involved, whether an interpreter may need to be made available
• Taken seriously
• Responded to promptly and thoroughly

All complaints should be:

• Taken seriously
• Responded to promptly and thoroughly

Due process

A complaint investigation should be fair, equitable and objective for all concerned.

Failing to provide a fair process for the subject of a complaint undermines the integrity and validity of the whole investigation. This could prevent protective action being taken as a result.

The key stages of a child-focused investigation process may include:

• The initial response
• Investigation planning
• Evidence gathering
• Assessing the evidence
• Finalising the investigation
• Making and communicating findings
• Taking action.

All personal information obtained through any complaints process should be in accordance with the law within the specific jurisdiction.

Who may be involved

With any notification, report or complaint an aquatic facility or organisation should provide appropriate arrangements to safeguard the welfare of persons associated with the incident as reasonably practicable. These persons may include the following:

• The alleged victim
• The parents / guardians of the alleged victim
• Extended family of the alleged victim
• The accused
• Any witnesses
• Any employees or volunteers involved in the notification / investigation
• Any third parties, such as contractors involved in the notification / investigation
• Persons conducting investigations.

Legislative and regulatory requirements for the jurisdiction

The requirements for mandatory reporting are defined in each jurisdiction. (see CS5 Reporting Arrangements).

An adult outside of these contexts can still report a concern. A report for a child or young person’s safety may appear but not limited to:

• Observing the abuse take place
• Noticing the signs and symptoms of harm and abuse
• Change in behaviour by the child or young person
• Physical signs on the child or young person such as bruising or injury

The child or young person disclosing the abuse themselves

How to respond to a disclosure

No disclosure is the same. However, being prepared and aware of the steps to follow for employees and volunteers is crucial to being an organisation committed to safe guarding children and young people. The steps for handling a disclosure may include:

• Remain calm and professional
• Listen carefully to the individual
• Provide your full attention to the individual
• Reassure that they have done the right thing coming forward
• When appropriate and possible tell them that the matter will only be disclosed to those who need to know.
• Reassure them that you will not be speaking with the (suspected) perpetrator about it.
• Allow the individual to continue at their own pace.
• Only ask questions for clarification.
• Avoid asking questions that suggest a particular answer.
• Avoid sharing personal stories about yourself or others with the individual
• Tell them what you will do next, and who you will share the information with
• Record in writing all of the detail; what was said, use the individual’s own words; note the date, time, any names mentioned, who received the information and ensure that the record is signed and dated.

Procedure for Reporting

Concerns regarding a child or young person should be provided to the organisations child safety officer or senior management as soon as possible.

Details of the incident or information received should be placed in writing in an Incident Report form within 24 hours.

Any delay in reporting could display discrimination towards the potential victim in a court of law.

Investigation Procedure

A child safety officer or senior management will consider the action to take. There are usually two paths forward. Such as:

1. Refer to authorities for further investigation
2. Not refer to authorities, however keep a full record of the incident

Arrangements or services

Arrangements or services that are reasonably practicable should be determined by the owner or operator of the aquatic facility and made available to all persons involved. These services may include but are not limited to

• Providing access to an Employment Assistance Program (EAP)
• Ensuring the person affected has someone as support (ensure this is someone they feel comfortable with).
• Provide a support person to an individual required to attend any investigation hearings or meetings.
• Provide time off work where reasonably practicable
• If an Employment Assistance Program is not available there are free counselling services available, and an individual has the ability to seek medical help through their General Practitioner.
• Ensure that families are kept informed to the extent that this is possible with consideration to the complying with obligations regarding confidentiality and privacy.

Confidentiality and Privacy

All parties involved in a complaint have the right to confidentiality and privacy.

Confidentiality is essential for a fair and effective complaints process. However, confidentiality and privacy can cause barriers when coming forward with a complaint.

Information obtained as part of a complaints process should be kept confidential and only be disclosed if required by law or where it is otherwise appropriate in the circumstances

In general, confidentiality may be necessary or appropriate in relation to the following:

• The fact that a complaint or disclosure has been made
• The nature of the allegations
• The identity of the complainant
• The identity of any person who is the subject of investigation
• The identity of witnesses
• Any evidence gathered by the investigator.

The principles of procedural fairness recognise that protection of identity and confidentiality are important elements of effective complaint handling.

There must be balance with the obligation to act fairly to a person whose interests may be adversely affected by the decision associated with resolving or investigating the complaint.

This can result in certain circumstances the obligation to be fair to the subject of the complaint may completely or partially override confidentiality.

The person tasked with managing the complaint or investigation should seek to balance fairness and confidentiality requirements and, as far as possible, safeguard the interests of all parties.

An organisation can encourage children and young people and others to speak up by ensuring that its complaint-handling process respects the confidentiality of those making the complaint, those who are the subject of the complaint and any witnesses.

The organisation should protect the identity of parties directly involved in a complaint as much as possible

REFERENCES

• Reporting child abuse and neglect (October 2021) Australian Government, Australian Institute of Family Studies
• National Principles for Child Safe Organisations (2018) Child Safe Organisations National Principles
• Caring for our frontline child protection workforce Accessed June 2022